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Pre-Annexation Agreement - Kinsella Copyrighted May 7, 2018 City of Dubuque Consent Items # 15. ITEM TITLE: Pre-Annexation Agreement- Kinsella SUMMARY: City Manager recommending approval of a Pre-Annexation Agreement with Michael B. and Julie Kinsella for property located at 13929 North Cascade Road in conjunction with their request to connect to City water. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, lowa and Michael B. and Julie Kinsella SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Kinsella Pre-Annexation Agreement-NNM Memo City Manager Memo Staff Memo Staff Memo Vicinity Map Supporting Documentation Pre-Annexation Agreement Supporting Documentation Resolution Resolutions THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pre-Annexation Agreement — Michael B. and Julie Kinsella DATE: April 27, 2018 Planning Services Manager Laura Carstens recommends City Council approval of a Pre-Annexation Agreement with Michael B. and Julie Kinsella, for property located at 13929 North Cascade Road, in conjunction with their request to connect to City water. There is no plan to annex the property at this time. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY Ot Dubuque DuB E � All-AmericaCity Masterpiece on the Mississippi � � � � �-� „��,.��.,��,.:�„ TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager `�� SUBJECT: Pre-annexation Agreement — Michael B. and Julie Kinsella � DATE: April 24, 2018 I, INTRODUCTION This memo transmits for City Council review and approval, a pre-annexation agreement with Michael B. and Julie Kinsella, property owners, in conjunction with their request to connect to City water. This agreement and related materials are attached. DISCUSSION The subject property is located at 13929 North Cascade Road in Dubuque County, and as part of connecting to the City's water main, a pre-annexation agreement must be signed. There is no plan to annex the property at this time. In accordance with this requirement, Legal staff has prepared the attached pre-annexation agreement, with the standard ten-year transition in City's share of property taxes as an incentive. RECOMMENDATION I recommend that the City Council approve the Michael B. and Julie Kinsella pre- annexation agreement and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. Attachments cc: Maureen Quann, Assistant City Attorney Gus Psihoyos, City Engineer Denise Ihrig, Water Department Manager - �� , � Du6uque oQ, ; - . . ., THE CTCY OI � �,,. ya ' m mx.m�W �,,� � � � Dus E ,��; y.� C I �-' �'-' � � \ / il i mm�:oix \ � _ -,�..1/ --- 3', i Masterpiece on the Mississippi �,>.,�„ ' ,�� ' Vicinity Map � , � -. _.. _ _ m ,,o , _ �< - �� F� � �� _. � � I_ ��c ` � � _ �� P� o �i � I - ---- . . - _.__ i ;' � �P� �� --- _� - --__ _ ' � 5 �\ nseuay.ao �I �N i � __ i " � _ ii �L(' i � �� r �..i. _.i i -� i . I '' - �_i i�i Es1 � � � I r I QpOG � . .., L'—lr �✓ _ �� \ �—. /� t_ � �� I �^7_I`__o i b� _ Y � f� >ry l� ��`1 I � _ � \ ` . .. _ I � ' vry• �r �'3—'' l�ll i�� _�. rp ` �� S � / / LI � � � � / � I � � � � ,� � � � ., " � p � � � � ��oEao -"i� � � City of Dubuque V � �� '". I � _ �, ' i.._._._J Applicant: Terry Koelker, Buesing Associates � �� ; �� = _� ' � � � Location: 13929 North Cascade Road o --� �-- l � �� o � � �, � � o�, � � � � o�`��' I� �� Description: Pre-Annexation Agreement � ' .� � � � i , -� �`� . / � 5 � �� -------- ; � � Subject Property � � - � I J — i � - — ' Parcels I / ��(/ i III \\ �ISCLRIMER:Thisln(orme0onwascomplletlusinglM1e \ Dubuque Area Geogrephic Inlormallon Sysiem(DAGI6).wMeh . Inclutles tlafe cree�ed by both Ihe Ltiry af�ubuque end N �� DubuqueCaunty. ltlsunders[oatltM1at.wM1llel�eGtyof � � � �ub q a part c p� g g � Yliaetl IM1 t 1 � and t �nf [ I bl ,OAGIS d'� ppf stlo � IIO�WBI211tt11 y0(Clll y (�M1 ( IlYtl10 O ��d co t- tl M1 ' . TM1 C y tl p d 'p 1 9 9 e M1 I I ot � �' —� ��--__ . een Itll olefo a yd t tl cllnctl t I q e tlal. p '250 500 . .-' ...� � � � i,o0o — �' � v� � ,orsp � ia g ,wnem r m 1:5.000 . mforeseea�le,a s ng out or tne autnonzetl or unautnor ree n �� ' Fee4, � �, ereacno�iwara�rywna[soeiVymusemisaa�aorowotany II II 111111 IIIIII II IIII II III II II I I II III I111 I III Doc ID. 008817930018 Type GEN Kind: AGREEMENT Recorded: 05/10/2018 at 12:47:52 PM Fee Amt: $92.00 Pape 1 of 18 Dubuque County Iowa John Murphy Recorder F11e2018-00005034 Prepared by Maureen A. Quann, 300 Main Street,Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4120 PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MICHAEL B. AND JULIE KINSELLA This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes theft► day of r , 2018, is made and entered into by and between the City of Dubuque, Iowa `City") and Michael and Julie Kinsella ("Owner"). Whereas, Owner is the legal owner of real estate legally described as: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W 1/2 of the NW '/4 of Section 8 Township 88 North, Range 2 East of the 5t" P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"); and Whereas, as of the date of this Agreement, the Real Estate is not contiguous to the corporate city limits of the city of Dubuque, but is located within two (2) miles of the corporate limits of the city of Dubuque and constitutes territory which may be annexed by City as provided in Iowa Code Chapter 368; and Whereas, Owner desires to have the Real Estate annexed by City upon certain terms and conditions as hereinafter set forth; and Whereas, notice of the proposed annexation shall be given to the parties legally required to be notified pursuant to Chapter 368 of the Iowa Code at the time the Real Estate becomes contiguous to City; and q%oO CuLl (hytC Whereas, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by City on the terms and conditions hereinafter set forth would further the growth of City, would enable City to control the development of the area and would serve the best interests of City. NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This Agreement is made pursuant to and in accordance with the provisions of Iowa Code Chapter 368. The foregoing preambles and recitations are made a part of this Agreement. SECTION 2. TERM. The term of this Agreement is from the 1+11 day of , 2018 until the annexation of the Real Estate to City is final. SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this Agreement, will submit to the City Clerk a Petition for Annexation of the Real Estate by City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to the City Council for consideration at such time and under such circumstances as the City Council deems appropriate, and comply with the requirements of Iowa Code Chapter 368. Pursuant to Iowa Code §368.7(e), upon execution of this Agreement, Owner hereby waives the right to withdraw or rescind the Petition and hereby waives the right to withdraw its consent to the Petition and waives its right to object to annexation. SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs associated with the annexation of the Real Estate, which includes filing and recording costs. SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees that the resolution approving the annexation application shall provide for the transition for the imposition of City taxes against the Real Estate. The Real Estate shall be entitled to the following partial exemption from taxation for City taxes for a period of ten (10) years following the final order of the City Development Board, if such annexation requires approval by the City Development Board, after the exhaustion of any and all appeals from the action of the Board by any person or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the property shown on Exhibit A: 1. For the first and second year, seventy-five percent (75%). 2. For the third and fourth year, sixty percent (60%). 3. For the fifth and sixth year, forty-five percent (45%). 4. For the seventh and eighth year, thirty percent (30%). 5. For the ninth and tenth year, fifteen percent (15%). 2 SECTION 6. CITY WATER SERVICES. 6.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will obtain City water services to the Real Estate. 6.2 If Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, obtain water services from a rural water provider prior to annexation, Owner must use City water services to provide water to the property upon annexation. For provision of such future City water services to the Real Estate, the Owner, the Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, shall be fully bound, jointly and severally, to pay City the sum of any and all amounts City is required to pay as compensation to the rural water service provider for losses resulting from annexation of all or any part of the Real Estate by City and such amounts as City may be required or reasonably agrees to pay the rural water service provider as a settlement for resolution of any claims, disputes, objections, protests or litigation related to or arising out of City providing water service to all or any part of the Real Estate, following annexation of the Real Estate to City. 6.3 If Owner obtains City water services prior to annexation, Owner will pay 1.5 times the regular City water rate paid by all other City residents for such services. Upon annexation, Owner will pay the regular rate paid by all other City residents for such services. 6.4 If Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate own, operate, and maintain a private well or water system to supply water to the Real Estate, Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate will be allowed to keep, maintain, and replace such well or water system indefinitely upon annexation, if Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate choose to do so. However, such a pre-existing well will be allowed for non -potable water only. Potable water will be provided by City water services. SECTION 7. OTHER CITY SERVICES. 7.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will for provision of future construction of street paving, curbs and guttering, storm sewers, water mains, sanitary sewer mains, bicycle paths, sidewalks, or any other improvement authorized by state law by means of City awarded contracts to be paid by special assessments to be levied against the Real Estate, Owner agrees that by execution of this Agreement, Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate, and each of them, shall pay and are bound to pay City, the costs of the aforesaid improvements assessed to the Real Estate, by action of the City Council, after 3 notice of hearing as provided by Iowa Code Section 384.50, the provisions of Iowa Code Section 384.38 notwithstanding. 7.2 It is City's current policy that Owner may elect, at the time of annexation, to dedicate any streets on the Real Estate to the City, or to maintain any streets on the Real Estate as private streets. If Owner maintains as private streets, City will not make or require improvements to bring private streets to City standards. If Owner wishes to dedicate streets to the City, streets must be brought to City standards at Owner's expense. Such policy is subject to change and may no longer be in effect at the time of annexation. 7.3 Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states that the owner of any house, building, or property used for occupancy, employment, recreation, or other purposes situated in City and abutting any street, alley, right of way, or easement in which there is now located, or may in the future be located, within two hundred feet (200') of the nearest property line thereof, a public sanitary sewer of the City, is required at the owner's expense to connect such facilities directly with the public sanitary sewer, in accordance with City standards within three hundred sixty-five (365) days. If, at the time of annexation, the nearest property line of the Real Estate is within two hundred feet (200') of a public sanitary sewer, Owner, Owner's heirs, successor or assigns, including but not limited to the future owners of the Real Estate will be required to connect to such public sanitary sewer. However, Owner, Owner's heirs, successors or assigns will not be required to connect to the public sanitary sewer if construction plans for an existing private onsite sewage treatment and disposal system are available, the system meets the provisions of state laws and regulations, and the system received a construction permit from the city manager prior to installation. However, no private onsite sewage treatment and disposal system will be permitted to operate for more than fifteen (15) years from its installation, unless otherwise determined by the city manager pursuant to standards adopted by the city manager. If the city manager determines at any time that the system is no longer adequate, connection to the public sanitary sewer must be made. City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in effect at the time of annexation. 7.4 If Owner is able and elects to receive public sanitary sewer services from the City prior to annexation, Owner will pay 1.5 times the regular City sanitary sewer rate paid by all other City residents for such services. Upon annexation, Owner will pay the regular rate paid by all other City residents for such services. SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assignees and shall be recorded with the Real Estate and will apply to any subsequent plats and/or subdivisions of the Real Estate. 4 SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is held invalid, such invalidity shall not affect any of the other provisions contained herein. SECTION 10. DEFAULT. 10.1 Failure by Owner to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement constitutes an Event of Default. 10.2 Whenever any Event occurs and is continuing, City may take any one or more of the following actions after giving written notice by City to Owner of the Event of Default, but only if the Event of Default has not been cured within sixty (60) days following such notice, or if the Event of Default cannot be cured within sixty (60) days and Owner does not provide assurances to City that the Event of Default will be cured as soon as reasonably possible thereafter: (1) City may suspend any part of or all of its performance under this Agreement until it receives assurances from Owner, deemed adequate by City, that Owner will cure its default and continue its performance under this Agreement; (2) City may cancel and rescind this Agreement; (3) Owner will reimburse City for all amounts expended by City in connection with the Agreement, and City may take any action, including any legal action it deems necessary, to recover such amounts from Owner; (4) City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the Agreement shall be delivered or mailed by certified mail, return receipt requested, to the respective parties at the following addresses: If to City: If to Owner: City of Dubuque City Clerk 50 West 13th Street Dubuque, Iowa 52001 Michael B. and Julie Kinsella 13929 N. Cascade Road Dubuque, Iowa 52003 5 SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City Council of Dubuque, Iowa in its sole discretion. CITY OF DUBU UE, IOWA By: +-v� Roy D. Buol, IVJ yor ATTEST: Ke ,'n irnstahl, xity Clerk OWNER By:�, / Mich el B. Kinsella By: Julie ,i>ella On this day of / , 2018, before me, a Notary Public in and for said state, personally appeared oy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who e ecuted the foregoing instrument, and acknowledged that they executed the same as their voluntary act andeed. PAMELA J. McCARRON Commission Number772419 My Comm. Exp. L —`j� Notary Public in/' e State of Iowa My Commission expires L//5®a1611 On this day ofo /,`,� , 2018, before me, a Notary Public in and for said state personally appear<'d Michael B. and Julie Kinsella known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. /0 PAMELA J. McCARRON Commission Nu!nIber 7724191 My Comm.. Exp. 1i-5 6 Notary Public in State of Iowa My Commission expires �1 �" ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation EXHIBIT A LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED 8 Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W 1/2 of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record 9 hp �,�• ��w� " � r�oaiotnnz - — - -�— � _.._ -- _J_----�4fi.Gp ��___" \ • � i:,oninico� � � � \"' 6' m �N� �� tsu&ro�oo� \� � _-- —_-- � 440 1 G �\, ��'0 ��, STECKEL PLACE i s .� _=c;_�z� ;;;:;;;<;,r, �� 2 �, \ � 15�8101�Od 1 . 2 � � J` \ ��'�� o � � rSoe�Oroio ��'�� i �� 63 � �\ SUB. OF LOT 1-1 W1l2 ;� � `, i '`2 �NW1/4 SEC. 8-88N-2E SUB. OF LO 2-1-1-1 W112 ��N � I `� NW1/4 SEC. 8 8N-2E '�0 15Af0 �s \�� 4SU7°1IG0!; A 15: /1 ..,.� 950(1'IO10642 � � �i � _..- �� I \ A PL2 '), � Ur. ' .. � � 750BiU1003 �w � _ �N�W � N� i` ,: �\�j 10�'�. � � .,-.,...... �,. -'-" ,t,Z66a � I,, 'I . \� / pE.ry�� ;� � �j � �G� i AUDREY PLACE, � , ; I / I � SUB. OF LOT 2-2 � '� �� 3�� . � � �� \ ,/ ay / s� . � 1�-' �y�v / •..� � 95057J_'U12 - � � �� 6G isas�s2ooi 17 . - � �� 1i � a� 1 ' , � � I �.,» ico�� , . . \ 1fiSi??>�� ' i `° ` --- \ �� / I i ` � / isoe-rsanoa � F—�+�'� '20G?� tfoti..ii966 /I f"., . ,:"��i' ' ____. . r.:��rr_ ,_____._—.__�� I 1 N _�� 'Notice-These maps are compiled for assessmenl antl tax inFonnatlon purposes imm official couniy recortls. All map in(ormation shown Is for�he forgoing purpose and does not represent a survey of land. . . . . . . . ._. ._. ....._ .. . __ . _.. ._____..... . . . _.._._ _._. . . �� 10 DATE FILED EXHIBIT B PETITION FOR ANNEXATION TO: Mayor and City Council of the City of Dubuque, Iowa Board of Supervisors, Dubuque County, Iowa The Petitioners Respectfully States Under Oath: 1. That the Petitioners are the sole owners of record of the following legally described land hereinafter to as the "Real Estate". See attached Exhibit A: Legal Description and Plat of Annexation. The Real Estate is further identified as parcel number 2. The Real Estate is not situated within the limits of any municipality, but is contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal Description and Plat of Annexation. The Petitioners Respectfully Request: 1. That the above-described Real Estate be annexed to the City of Dubuque by resolution of the Mayor and City Council of the City of Dubuque, Iowa, pursuant to Chapter 368 of the Code of Iowa. 2. That such other action may be taken as is appropriate in the premises. We, the Petitioners, hereby state that the preceding statements and all statements made in supplementary material, and all attached documents submitted by me are true and correct. We, the Petitioners, hereby acknowledge that pursuant to Iowa Code § 368.7(e), and upon execution of the attached Pre -Annexation Agreement, Petitioners hereby waive the right to withdraw or rescind this Petition and hereby waive the right to withdraw consent to this Petition and waive the right to object to annexation. Signed on this day of , 2018. Telephone: 563- Telephone: 563 - Subscribed and sworn before me this Notary Public ATTACHMENTS: EXHIBIT B-1: EXHIBIT B-2: day of , 2018. Legal Description and Map of Area to be Annexed Pre -Annexation Agreement 11 EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED 12 Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W 1/2 of the NW '/ of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record 13 :L�i�: �,.,� � - _- � . _. r �un�rornoa , --. --548.6U� �� I � �\ • �� reoaroron� � � .,� , \N `-'6+ \�i� . .\� . aj '� �� 1JOHIUIWI _-___"-__. _...— . h___ .--_—.. 44� �6 ''�\ ��0� >��?, STECKEL PLACE I ,s � �c;- � f5U5i01oUb� � � �. .�•�,.. � ; � �0�� t,'cFf90t01G c�,�'�� \ SUB. OF LOT 1-1 W1/2 , / i2`�6y \\ �NW1/4 SEC. 8-88N-2E ; SUB. AF LQ 2-1-1-1 W1/2 ' �' NYV114 SEC. 8 8N-2E "� � � � �� - �.'n7277riv5 \ 76G810i0J5 v`� � r5<jerOtnn-a2 �� .� �- �t.2 � . .. .. ' �♦+, ` v .\ , �. t �at�i�o�s � , . ... ,� ,.,�� , , � ;' I� Vr'� �W `�- -' �\�.� n0"�� _ , �. ,�..� � 2,��d� .� .. ;\ �,(> \ �4�` ..�P�, '/_i AUDREY PLACE, '�, �';'"" - � I � SUB. OF LOT 2-2 ; - , _ . -- ' � � �� t" �,>� � .� � y'` �aa i \ � � � ,��o� � . � �e,s�ora � ��1� � `� � 66 i��Ue��2oai 17 i� `� ��— � /� 1 i ti w ii�.Ni.�. ��t� � � � '1 � m � I, I i � ,� ��- '� � � i �I _ - — �-� 9508'151003 ; I � �. ' / � I I 206-`�� c.ats»�2� � � i ; � i.��6b I � . , � , — _ —�isom_ on2 'Notice-Tliese maps afe compiletl for nssessment atul tax infamntlon purposes irom offir.iel counry records. All mnp inlormafion shown Is lorlhe forpoinp purpose antl noes no�represent a sutvey ot land. 14 EXHIBIT B PRE -ANNEXATION AGREEMENT (Insert fully executed pre -annexation agreement here) 15 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St: (563)589-4210 Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210 RESOLUTION NO. 123-18 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MICHAEL B. AND JULIE KINSELLA Whereas, Michael B. and Julie Kinsella, the owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2 of 2 of 1 of 1 of 1 W 1/2 NW, Dubuque County, Iowa; and Whereas, Michael B. and Julie Kinsella have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Michael B. and Julie Kinsella and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of May 2018. ATTEST: By: Kevi ' S. Firnstahl, City Clerk By: Roy D: uol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 123-18 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 8th day of May, 2018. Ke n S. Firnstahl, CMC, City Clerk 11 11 011 I ie 11 11 11 11 11 11 Doc ID 008817940003 Type GEN Kind: AGREEMENT Recorded: 05/10/2018 at 01:03:19 PM. Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder Fde2018-00005035 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4120 COVENANT PERTAINING TO WATER SERVICE THIS AGREEMENT, made and entered into effective the 1'1+1 day of , 2018, between the City of Dubuque, Iowa (hereinafter called "City"), and MI hael B. and Julie Kinsella (hereinafter called "Owners"), their heirs, successors and assigns, WITNESSES: WHEREAS, the aforesaid Owner has applied to the City for approval of a subdivision plat of an area of land described as follows ("the Real Estate"): Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W 1/2 of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction of the City for plat approval and for authorization of rural water service; and, WHEREAS, Owner may desire to receive rural water service for the land being platted. NOW, THEREFORE, the parties hereto agree that: 1. If the Owner of the Real Estate legally described above, the Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, disconnects from City water and obtains such services from a rural water provider prior to annexation of the Real Estate, or obtains water service, sanitary sewer service, or both services from a rural water provider prior to annexation, the Owner, the Owner's heirs, successors, and assigns, including but not limited to future owners of the Real Estate shall be and are hereby fully bound, jointly and severally, to pay to the City the sum of any and all amounts that the City is required to pay as compensation to the rural water provider for losses resulting from annexation of all or any part of the Real Estate by the City and such amounts as the City may be required or reasonably agree to pay the rural water provider as a settlement for resolution of any claims, disputes, objections, protests or litigation related to or arising out of the City providing 1 1il°° ® (twit_ water service or sanitary sewer service to all or any part of the Real Estate, following annexation of the Real Estate to the City. 2. This covenant and agreement shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises, and representations hereinstated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, Iienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants, unless claims to continue any interest in the covenants are filed as provided by law. The City shall have the right to file a claim to continue its interest in these covenants. 3. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 4. If Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate own, operate, and maintain a private well or water system to supply water to the Real Estate, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate will be allowed to keep, maintain, and replace such well indefinitely upon annexation, if Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate choose to do so. However, such a pre-existing well will be allowed for non -potable water only. Potable water will be provided by City water services. Executed by the respective signatories effective the date first above written. CITY OF DUB,!QUE, IOWA By: Roy D. BuoI,j'Mayor ATTEST: Kevi S. Firnstahl, City lerk OWNER Michael B. Kinsella By. JulieiKir sella On this '— day of , 2018, before me, a Notary Public in and for said state, personally appea ed 1.y D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 2 PAMELA J. McCARRON Commission Num , r 772.419 My Comm. Exp. -75- (2,77 Notary Public in the/ate of Iowa My Commission expires 4—d%v2-/ On this day of .46‘.044 , 2018, before me, a Notary Public in and for said state personally appear 'd Michael B. and Julie Kinsella known to me to be the person(s) named in and who executed the foregoing instru ent, and acknowledged that they executed the same as their voluntary act and deed.; .PAMELA J. McCARRON Commission NuTTppoL772419 My Comm. Exp_'7'\J� -ZD2/ 3 Notary Public in the t of Iowa My Commission expires /7- -'! 11 u 11 11 u u 11 11 Doc ID' 008817950003 Type GEN Kind: AGREEMENT Recorded: 05/10/2018 at 01:08:26 PM Fee Amt: $17.00 Pape 1 of 3 Dubuque County Iowa John Murphy Recorder F11e2018-00005036 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, A52001 563-589-4120 COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS THIS COVENANT AND AGREEMENT, made and entered into effective the 11101 day of , 2018, between the City of Dubuque, Iowa (hereinafter called "City"), and the Mich I B. and Julie Kinsella (hereinafter called "Owner"), its heirs, successors and assigns, WITNESSES: WHEREAS, the aforesaid Owner has applied to the City for approval of a subdivision plat of an area of land described as follows ("the Real Estate"): Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W 1/2 of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction of the City for plat approval. NOW, THEREFORE, the parties hereto agree that: 1. This agreement is made for the purpose of meeting the subdivision regulations and plat approval requirements of the City for approval of the subdivision plat of the Real Estate. 2. In anticipation of the possibility that the City may at some time deem it to be in the public interest to cause construction of street paving, curbs and guttering, storm sewers, water mains, sanitary sewer mains, bicycle paths, sidewalks, or any other improvement authorized by state law by means of city awarded contracts to be paid by special assessments to be levied against the Real Estate, the Owner does hereby covenant and agree that by execution of this instrument Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and each of them, shall pay and are bound to pay to the City, the costs of the aforesaid improvements assessed to the Real Estate, by action of the governing body for the City, after notice of hearing as provided by section 384.50 Code of Iowa, the provisions of 384.38 Code of Iowa notwithstanding. 1'1p00 CiA.1(kvtL 3. It is understood and agreed that if and when the governing body of the City conducts a hearing on a proposed resolution or necessity to assess public improvement costs to the Real Estate, the Owners of the Real Estate may then appear before the governing body of the City and be heard. The foregoing provisions encumber the Real Estate described as: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the W 1/2 of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record 4. This covenant and agreement shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants, unless claims to continue any interest in the covenants and filed as provided by law. The City shall have the right to file a claim to continue its interest in these covenants. 5. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 6. It is City's current policy that Owner may elect, at the time of annexation, to dedicate any streets on the Real Estate to City, or to maintain any streets on the Real Estate as private streets. If Owner maintains as private streets, City will not make or require improvements to bring private streets to City standards. Such policy is subject to change and may no longer be in effect at the time of annexation. 7. Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states that the owner of any house, building, or property used for occupancy, employment, recreation, or other purposes situated in City and abutting any street, alley, right of way, or easement in which there is now located, or may in the future be located, within two hundred feet (200') of the nearest property line thereof, a public sanitary sewer of the City, is required at the owner's expense to connect such facilities directly with the public sanitary sewer, in accordance with City standards within three hundred sixty-five (365) days. If, at the time of annexation, the nearest property line of the Real Estate is within two hundred feet (200') of a public sanitary sewer, Owner, Owner's heirs, successor or assigns, including but not limited to the future owners of the Real Estate will be required to connect to such public sanitary sewer. However, Owner, Owner's heirs, successors or assigns will not be required to connect to the public sanitary sewer if construction plans for an existing private onsite sewage treatment and disposal system are available, the system meets the provisions of state laws and regulations, and the system received a construction permit from the city manager prior to installation. However, no private onsite sewage treatment and disposal system will be permitted to operate for more than fifteen (15) years from its installation, unless otherwise determined by the city manager pursuant to standards adopted by the city manager. If 2 the city manager determines at any time that the system is no longer adequate, connection to the public sanitary sewer must be made. City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in effect at the time of annexation. 8. If Owner is able and elects to receive public sanitary sewer services from the City prior to annexation, Owner will pay 1.5 times the regular City sanitary sewer rate paid by all other City residents for such services. Upon annexation, Owner will pay the regular rate paid by all other City residents for such services. Executed by the respective signatories effective the date first above written. CITY OF DU UQUE, IOWA By: A 611 Roy D. Buol, ;' ayor ATTEST: OWNER c(-2, Mic cel B. Kinsella 4111.i 0 Juli insella On this f day of I 1 l , 2018, before me, a Notary Public in and for said state, personally appeared y D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary acts a'id deed. Alti Notary Public [nithe State of Iowa IVMy / Commission expires e' ,m PAMELA J. McCARRON Commission Number 772419 My Comm. Exp. 54.0 awn 1 V ✓"'— 1 On this day of /Ma. , 2018, before me, a Notary Public in and for said state personally appea -d Michael B. and Julie Kinsella known to me to be the person(s) named in and who executed the foregoing ins ment, and acknowledged that they executed the same as their voluntary act and deed. PAMELA J. McCARRON Commission Num er 772419 My Comm. Exp. 55&'Z 3 .4_ nil /,4 J -(2,^4/2,06.) Notary Public in thirlate of Iowa My Commission expires pires ^157-472,0 Doc ID: 010616530002 Type: GEN Kind: AFFIDAVITS Recorded: 11/12/2020 at 12:23:23 PM Fee Amt: $12.00 Pape 1 of 2 Dubuque County Iowa John Murphy Recorder Q Q (] File2020-0001%1 VVJ Prepared by Maureen A. Quann, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381 Return to Adrienne Breitfelder, 50 West 13tn Street, Dubuque, IA 52001 563-589-4120 SCRIVENER'S AFFIDAVIT Property Identification Number: 1508101004 Document Number to Correct: 2018-00005036 1, Maureen Quann, being first duly sworn upon my oath state: 1. 1 am the affiant and preparer of this Scrivener's Affidavit. 2. 1 am the drafting attorney of the above -referenced document number 2018-00005036. 3. Document number 2018-00005036 included the following mistake: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W % of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record which is hereby corrected as follows: Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W % of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record. 4. I, Maureen Quann, the affiant, do hereby swear to the above correction, and believe it to be the true and accurate intention of the parties who drafted, executed, and recorded the above -referenced document. of 1*�Ujz,• CI- rV5 ka"O 0 )�k The statements above as documented are true and accurate to the best of my knowledge. 1-11 &IIAAAAA- Maureen Quann, Assistant City Attorney Subscribed and sworn to before me by Maur en Quann, Assistant City Attorney, in the City of Dubuque, on this 10 day of t \ji 1MODCC , 2020. JENNIFER M. MESSERICH No ry Pub " Commission Nu er 3874 My Comm. Exp. �� Doc ID: 010616540002 Type: GEN Kind: AFFIDAVITS Recorded: 11/12/2020 at 12:23:46 PM Fee Amt: $12.00 Paqe 1 of 2 Dubuque County Iowa John Murphy Recorder File2020-0001 / 890 Prepared by Maureen A. Quann, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381 Return to Adrienne Breitfelder, 50 West 1311i Street, Dubuque, IA 52001 563-589-4120 SCRIVENER'S AFFIDAVIT Property Identification Number: 1508101004 Document Number to Correct: 2018-00005034 I, Maureen Quann, being first duly sworn upon my oath state: 1. I am the affiant and preparer of this Scrivener's Affidavit. 2. 1 am the drafting attorney of the above -referenced document number 2018-00005036. 3. Document number 2018-00005034 included the following mistake: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W % of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record which is hereby corrected as follows: Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W % of the NW'/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record. 4. I, Maureen Quann, the affiant, do hereby swear to the above correction, and believe it to be the true and accurate intention of the parties who drafted, executed, and recorded the above -referenced document. The statements above as documented are true and accurate to the best of my knowledge. L(.4ti� Maureen Quann, Ass' tant City Attorney Subscribed and sworn to before me by Maureen Quann, Assistant City Attorney, in the City of Dubuque, on this kZ day of NOV ILPA�OV , 2020. .%MAAt ),A M Mx b>ASW An JENNIFER M. MESSERICH 1 Nolflary Pub „ Commission Num er 7 38 4 �n,,. My Comm. Exp. Doc ID: 010616550002 Type: GEN Kind: AFFIDAVITS Recorded: 11/12/2020 at 12:24:05 PM Fee Amt: $12.00 Pape 1 of 2 Dubuque County Iowa John Murphy Recorder File2020-0001 / V J 1 Prepared by rGraureen A. Guann, 3UU "ain Street, Suite 330, Dubuque, fA 52001 563-589-4381 R,etura to Aildenne-Sveitfe{der; 541 West 13'h Street Dubuque, A 52004 563-684-41241 SCRIVENER'S AFFIDAVIT Property Identification Number: 1508101004 C1:mtmnent Iif =ber. to. Correct:.: 2048-00005035 I, Maureen Quann, being first duly sworn upon my oath state: 1. I am the affiant and preparer of this Scrivener's Affidavit. 2. 1 am the drafting attorney of the above -referenced document number 2018-00005036. 3. Document number 2018-00005035 included the following mistake: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W % of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record, which is hereby corrected as follows: Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the W '/2 of the NW 1/4 of Section 8 Township 88 North, Range 2 East of the 51h P.M., according to the United States Government Survey and the recorded plat thereof, subject to highway and easements of record. 4. I, Maureen Quann, the affiant, do hereby swear to the above correction, and believe it to be the true and accurate intention of the parties who drafted, executed. and recordedthe above -referenced document. C A-L� o -F b0z . Ct&V- s is,00 �k frie statements above as documented are true and accurate to the best of my knowledge. Maureen Quann, Ass tant City Attorney 'Subscribed and sworn to`betore me'by`Maureen Quann, Assistant City Attorney, inthe 'City ofDubuque, on`this U dayof J OUtyk{ ,`2020. _ ?E =a JENNIFER M. ME5SERICR ry Pub " ' Commission Num erf3874