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Pre-Annexation Agreement - Mines of SpainCity of Dubuque City Council Meeting Consent Items # 04. Copyrighted July 5, 2022 ITEM TITLE: Pre -Annexation Agreement- Mines of Spain SUMMARY: City Manager recommending City Council approve a pre -annexation agreement with State of Iowa (Mines of Spain), property owner, as required by a 28E Agreement between the City of Dubuque, Dubuque County Conservation Board, Iowa Department of Natural Resources, and the Friends of the Mines of Spain and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and State of Iowa (Mines of Spain) SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Pre -Annexation Agreement - Mines of Spain-MVM Memo Staff Memo Resolution Preannexation Agreement Vicinity Map City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pre -annexation Agreement — State of Iowa (Mines of Spain) DATE: June 29, 2022 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Planning Services Manager Wally Wernimont is recommending City Council approve a pre -annexation agreement with State of Iowa (Mines of Spain), property owner, as required by a 28E Agreement Between the City of Dubuque, Dubuque County Conservation Board, Iowa Department of Natural Resources, and the Friends of the Mines of Spain and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager Marie Ware, Leisure Services Manager THE CF DUt�B_ E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager *1 SUBJECT: Pre -annexation Agreement — State of Iowa (Mines of Spain) DATE: June 23, 2022 INTRODUCTION Dubuque All•Amaica M4 2007-2012,2013 2017*2019 This memo transmits for City Council review and approval, a pre -annexation agreement with State of Iowa (Mines of Spain), property owner, as required by a 28E Agreement Between the City of Dubuque, Dubuque County Conservation Board, Iowa Department of Natural Resources, and the Friends of the Mines of Spain. The pre -annexation agreement, resolution, and related materials are attached. DISCUSSION Leisure Services Manager Marie Ware has been working with the City of Dubuque, Dubuque County Conservation Board, Iowa Department of Natural Resources and the Friends of the Mines of Spain in a collaborative partnership for maintenance and operation of the Mines of Spain Recreation Area. This collaboration has resulted in a 28E Agreement. All parties have signed the agreement including the City Council. The City Council approved the agreement at their November 1, 2021 meeting. The approximately 1300-acre subject property known as the Mines of Spain is located within two miles of the city of Dubuque corporate limits, and as part a 28E Agreement, a pre -annexation agreement must be signed. The 28E Agreement notes the Iowa Department of Natural Resources will submit to the City pre -annexation documents committing the state-owned land comprising the Agreement Area to future annexation to City at some unknown future date, as determined by City. 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 10- year transition of the City share of property taxes as an incentive. Page 2 RECOMMENDATION I recommend that the City Council approve the State of Iowa (Mines of Spain) Pre - annexation Agreement in accordance with the approved 28E Agreement and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. Attachments cc: Crenna Brumwell, City Attorney Marie Ware, Leisure Services Manager Gus Psihoyos, City Engineer Chris Lester, Water Department Manager Rose Hoerner, Utility Billing Supervisor Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 1311 St (563) 589-4210 Return to: Wally Wernimont City Planner Address: City Hall 50 West 13"' St (563) 589-4210 RESOLUTION NO. 238-22 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND STATE OF IOWA (MINES OF SPAIN) Whereas, the State of Iowa, the owner of the following described property located 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: PIN LEGAL DESCRIPTION 1501232001 LOT 124A AND LOT 1-123A SHIPTON'S ADDITION, CITY OF DUBUQUE, IOWA 1606200007 LOT 1 OF LOT 5 OF GOVERNMENT LOT 1, AND; LOT 6 OF GOVERNMENT LOT 1, AND; LOT 1 OF THE SOUTH HALF OF THE NORTHEAST FRACTIONAL QUARTER; AND LOT 2 OF THE SOUTH HALF OF THE NORTHEAST FRACTIONAL QUARTER; AND LOTS 3 AND 4 OF THE NORTHWEST FRACTIONAL QUARTER OF THE NORTHEAST QUARTER; AND LOTS 3 AND 4 OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 4 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 1 OF LOT 3 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 1606326001 THE WEST 170 FEET OF LOT 1 OF THE SUBDIVISION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA, LOCATED TO THE NORTH OF LOT 2 IN SAID QUARTER 1608200004 LOT 1 OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; AND LOTS 1 AND 2 OF THE SUBDIVISION OF THE EAST 32 ACRES OF LOT 1 OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 8, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 1609100001 GOVERNMENT LOT 1 (ALSO KNOWN AS LOT 1 OF SECTION 9); AND LOT 2 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 1 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF THE SOUTHWEST QUARTER; AND LOT 2 OF LOT 1 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 1 OF LOT 2 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 1 OF LOT 4 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 2 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 3 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOTS 1 AND 2 OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND LOTS 1 AND 2 GOVERNMENT LOT 3; AND GOVERNMENT LOT 2; AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 1 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 4 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER, ALL IN SECTION 9, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 1610300005 LOT 1 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF GOVERNMENT LOT 1; AND LOT 2 OF LOT 2 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; AND LOT 1 OF GOVERNMENT LOT 2; AND LOT 1 OF GOVERNMENT LOT 3; AND THE EAST 39 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 10, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 1604300001 LOT 1 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF GOVERNMENT LOT 1 (ALSO KNOWN AS LOT 2 OF THE SUBDIVISION OF THE SOUTHWEST FRACTIONAL QUARTER), ALL IN SECTION 4, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 1605400003 GOVERNMENT LOT 3; AND LOTS 1 AND 2 OF GOVERNMENT LOT 4; AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND LOTS 2, 3, 4, 5, 6, 7, 8, 9 AND 10 OF THE SUBDIVISION OF GOVERNMENT LOTS 1 AND 2, ALL IN SECTION 5, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA; AND ALL THAT PART OF THE VACATED COUNTY ROAD LYING WITHIN THE ABOVE DESCRIBED PARCELS Whereas, as part of a 28E Agreement, the State of Iowa has agreed to submit a Pre -annexation Agreement to the City of Dubuque; and Whereas, the State of Iowa has 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, 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 the State of Iowa and the City of Dubuque is hereby approved. Passed, approved and adopted this 5ch day of July 2022. Br._d,j_M:�Cava_nagh, Mayor ATTEST: Adrienne N. Breitfelder, City Clerk Doc ID: 010985150024 Type: GEN Kind: AGREEMENT Recorded: 07/07/2022 at 11:39:19 AM Fee Amt: $122.00 Page 1 of 24 Dubuque County Iowa John Murphy Recorder File2022_00008549 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to City Clerk, 50 West 13", Street, Dubuque, IA 52001 563-589-4120 PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND STATE OF IOWA This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes the 6 th day of J-u I y , 2022, is made and entered into by and between the City of Dubuque, low ("City") and State of Iowa ("Owner"). Whereas, Owner is the legal owner of real estate legally described as: PIN LEGAL DESCRIPTION 1501232001 LOT 124A AND LOT 1-123A SHIPTON'S ADDITION, CITY OF DUBUQUE, IOWA 1606200007 LOT 1 OF LOT 5 OF GOVERNMENT LOT 1, AND; LOT 6 OF GOVERNMENT LOT 1, AND; LOT 1 OF THE SOUTH HALF OF THE NORTHEAST FRACTIONAL QUARTER; AND LOT 2 OF THE SOUTH HALF OF THE NORTHEAST FRACTIONAL QUARTER; AND LOTS 3 AND 4 OF THE NORTHWEST FRACTIONAL QUARTER OF THE NORTHEAST QUARTER; AND LOTS 3 AND 4 OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 4 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 1 OF LOT 3 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA 1606326001 THE WEST 170 FEET OF LOT 1 OF THE SUBDIVISION OF THE NORTHEAST QUARTER OF THE WOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, LOCATED TO THE NORTH OF LOT 2 IN SAID QUARTER 1608200004 LOT 1 OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; AND LOTS 1 AND 2 OF THE SUBDIVISION OF THE EAST 32 ACRES OF LOT 1 OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 8, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA 1609100001 GOVERNMENT LOT 1 (ALSO KNOWN AS LOT 1 OF SECTION 9); AND LOT 2 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 1 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF THE SOUTHWEST QUARTER; AND LOT 2 OF LOT 1 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 1 OF LOT 2 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 1 OF LOT 4 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 2 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 3 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOTS 1 AND 2 OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND LOTS 1 AND 2 GOVERNMENT LOT 3; AND GOVERNMENT LOT 2; AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 1 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 4 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER, ALL IN SECTION 9, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA 1610300005 LOT 1 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF GOVERNMENT LOT 1; AND LOT 2 OF LOT 2 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; AND LOT 1 OF GOVERNMENT LOT 2; AND LOT 1 OF GOVERNMENT LOT 3; AND THE EAST 39 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 10, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA 1604300001 LOT 1 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF GOVERNMENT LOT 1 (ALSO KNOWN AS LOT 2 OF THE SUBDIVISION OF THE SOUTHWEST FRACTIONAL QUARTER), ALL IN SECTION 4, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA 2 1605400003 GOVERNMENT LOT 3; AND LOTS 1 AND 2 OF GOVERNMENT LOT 4; AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND LOTS 2, 3, 4, 5, 6, 7, 8, 9, AND 10 OF THE SUBDIVISION OF GOVERNMENT LOTS 1 AND 2, ALL IN SECTION 5, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA; AND ALL THAT PART OF THE VACATED COUNTY ROAD LYING WITHIN THE ABOVE DESCRIBED PARCELS 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 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 6 rn day of JU I 2022 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 maintains a limited right to withdraw or rescind the Petition, right to withdraw its consent to the Petition, and right to object to annexation, as set forth in Section 15. 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. 4 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%). 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 the regular City water 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. All connections supplied with City water from City water mains must be exclusively supplied with City water and cannot intermingle or connect with existing wells or private water systems, unless expressly approved by the City Manager in limited special circumstances. 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 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 6 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 the regular City sanitary sewer 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. 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: City of Dubuque City Clerk 50 West 131h Street Dubuque, Iowa 52001 If to Owner: Iowa Department of Natural Resources 502 E. 91h St. Des Moines, IA 50319 SECTION 13. COMPLIANCE WITH THE LAW. The parties shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, and orders when performing obligations under this Agreement. SECTION 14. STATE HUNTING & FURHARVESTING LAW. The parties acknowledge that State law governing hunting, trapping, and firearms use in the Real Estate preempt City ordinances governing the same, including but not limited to 571 Iowa Administrative Code 61.9. SECTION 15. TERMINATION & PETITION WITHDRAWAL, RESCISSION, CONSENT WITHDRAWAL, AND OBJECTION. The parties may terminate this Agreement by written mutual agreement. The State shall have the right to terminate this Agreement without penalty, withdraw the Petition, rescind the petition, withdraw its consent to the petition, or object to the petition by giving 30 days written notice to the City as a result of any of the following: (a) If the State's authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified; (b) If the State's duties, programs, or responsibilities are modified or materially altered or modified; or (c) If there is a decision of any court, administrative law judge, or an arbitration panel or any law, rule, regulation, or order is enacted, promulgated, or issued that materially or adversely affects the State's ability to fulfill any of its obligations under this Agreement. SECTION 16. GOVERNING LAW. The laws of the state of Iowa govern and determine all matters arising out of or in connection with this Agreement. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in Polk County District Court for the State of Iowa, Des Moines, Iowa, or in the United States District Court for the Southern District of Iowa, Central Division, Des Moines, Iowa wherever jurisdiction is appropriate. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or federal court, which may be available to the State. SECTION 17. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any part or provision of this Agreement. SECTION 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the State and the City with respect to the subject matter hereof, and the Parties respectively acknowledge that they are entering into the Agreement solely on the basis of the terms and conditions herein contained and not in reliance upon any representation, state, inducement or promise, whether oral or written, not contained herein. This Agreement supersedes all prior contracts and agreements between the State and the City with respect to the subject matter of this Agreement. SECTION 19. INSURANCE. Pursuant to Iowa Code chapter 669, the State is self - insured against all risks and hazards related to this Agreement. No separate fund has been established to provide self-insurance, and the State is not obligated to establish any such fund during the term of this Agreement. SECTION 20. COUNCIL APPROVAL. This Agreement is subject to final approval of the City Council of Dubuque, Iowa in its sole discretion. SECTION 21. COMMISSION APPROVAL. This Agreement is subject to final approval of the Natural Resources Commission of the State of Iowa. [signature page to follow] 9 CITY OF DUBUQUE, IOWA ATTEST: Q By: a Adrienne Breitfelder, City Clerk On this day of 2022, before me, a Notary Public in and for said state, personally appe ed and Adrienne Breitfelder known to me to be the person(s) named in who executed a foregoin instrument, and acknowledged that they executed the same as their of ntary aqt aid)deed. *Brad H. Cavanagh PAMELA J_ McCARRON NotaryPublic in a tate of Iowa . � Commission Number 772.419 My Comm. EXP. !L My Commission expires DEPARTMENT OF NATURAL RESOURCES, STATE OF IOWA By: 4�cw -4 \— Kayla Ly r On this t6iay of , 2022, before me, a Notary Public in and for said state personally appeare Kayla Lyon known to me to be the person(s) named in and who executed the foregoing instrument on behalf of the State by authority of the Natu al fResources Commission, which approved this action at its regular meeting held on ll 10/jail and that Kayla Lyon as the Direct acknowledged the execution of the instrbAnt to be the voluntary act and deed of the Department of Natural Resources on behalf of the State, by it and by him voluntarily executed. �.P Al , JENNIFER L. NELSON r Commission Number 835605 My Commission Expires 'ow$, November 10, 2024 10 ,A M�'M, No t PulTlic in t tate of Iowa My Commission expires IZA ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation II EXHIBIT A 1501232001 LOT 124A AND LOT 1-123A SHIPTON'S ADDITION 1606200007 GOVT LOT 06 T88N R3E LOTS 1-5 & 6 OF GOV LOT 1; LOTS 1-4 & 10103 NW NW; LOTS 3 & 4NE NW; LOTS 3 & 4 NW NE; LOTS 1 & 2 S'/z NE; SE NW - SEC 06 T88N R3E 1606326001 W 170' LOT 1 NE SW - SEC 06 T88N R3E 1608200004 LOT 1 NE SE; NE NE; LOTS 1 & 2 SUB E 32 AC OF LOT 1 SE NE - SEC 08 T88N R3E 1609100001 LOTS 2 & 2-1 & 1-1 NW NW; SW NW; SE NW; LOTS 1 & 2 SW; LOTS 1 & 2 NE SE; NW SE; LOTS 2-1-2 & 2-1 & 1-4 & 2-3 & 2-2 & 2-1-3 & 3-3 & 2-4 SUB S '/2 SE; GOV LOT 1; PT GOV LOT 2; LOTS 1 & 2 GOV LOT 1610300005 LOT 1-1 & 2 & 20201 OF GOV LOT 1; LOT 1 GOV LOT 2; LOT 1 OF GOV LOT 3; LOT 2 SW SW & E 39 AC SE SW -SEC 10. T88N R3E 1604300001 LOTS 2 & 1-1 & 2-1 OF GOV LOT 1 - SEC 04 T88N R3E 1605400003 LOTS 2, 3, 4, 5, 6, 7, 8, 9. & 10 OF SUB OF GOV LOTS 1 & 2; GOV LOT 3; LOTS 1 & 2 OF GOV LOT 4 & PT VAC CO RD; NE SW; SE SW; SW SE - SEC 05 T88N R3E 12 4 {`. 4 t p. r. 4 e 4 , WMT P :K si r Dubuque City Limits fit' EXHIBIT B PETITION FOR ANNEXATION DATE FILED 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 numbers 1501232001, 1606200007, 1606326001, 1608200004, 1609100001,1610300005,1604300001,1605400003. 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 maintain a limited right to withdraw or rescind this Petition, right to withdraw consent to this Petition, and right to object to annexation as provided in the Pre -Annexation Agreement executed by the Petitioners and the City on Signed on this day of , 2022 (::�Kca (4�_ Kayl on, DUctor Department of Natural Resources State of Iowa 14 Subscribed and sworn before me this day of 2022 Notary Public ATTACHMENTS: EXHIBIT B-1: Legal Description and Map of Area to be Annexed EXHIBIT B-2: Pre -Annexation Agreement 15 EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED 16 1501232001 LOT 124A AND LOT 1-123A SHIPTON'S ADDITION 1606200007 GOVT LOT 06 T88N R3E LOTS 1-5 & 6 OF GOV LOT 1; LOTS 1-4 & 10103 NW NW; LOTS 3 & 4NE NW; LOTS 3 & 4 NW NE; LOTS 1 & 2 S'/2 NE; SE NW - SEC 06 T88N RK 1606326001 W 170' LOT 1 NE SW- SEC 06 T88N R3E 1608200004 LOT 1 NE SE; NE NE; LOTS 1 & 2 SUB E 32 AC OF LOT 1 SE NE - SEC 08 T88N R3E 1609100001 LOTS 2 & 2-1 & 1-1 NW NW; SW NW; SE NW; LOTS 1 & 2 SW; LOTS 1 & 2 NE SE; NW SE; LOTS 2-1-2 & 2-1 & 1-4 & 2-3 & 2-2 & 2-1-3 & 3-3 & 2-4 SUB S '/2 SE; GOV LOT 1; PT GOV LOT 2; LOTS 1 & 2 GOV LOT 1610300005 LOT 1-1 & 2 & 20201 OF GOV LOT 1; LOT 1 GOV LOT 2; LOT 1 OF GOV LOT 3; LOT 2 SW SW & E 39 AC SE SW -SEC 10 T88N R3E 1604300001 LOTS 2 & 1-1 & 2-1 OF GOV LOT 1 - SEC 04 T88N R3E 1605400003 LOTS 2, 3, 4, 5, 6, 7, 8, 9. & 10 OF SUB OF GOV LOTS 1 & 2; GOV LOT 3; LOTS 1 & 2 OF GOV LOT 4 & PT VAC CO RD; NE SW; SE SW; SW SE - SEC 05 T88N R3E 17 EXHIBIT B PRE -ANNEXATION AGREEMENT (Insert fully executed pre -annexation agreement here) 19 Prepared by: Wally Wernimont, City Planner Address: City Halt, 50 W. 131h St (563) 589-4210 Return to: Wally Wernimont, City Planner Address: City Hall, 50 West 131h St (563) 589-4210 RESOLUTION NO. 238-22 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND STATE OF IOWA (MINES OF SPAIN) Whereas, the State of Iowa, the owner of the following described property located 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: PIN LEGAL DESCRIPTION 1501232001 LOT 124A AND LOT 1-123A SHIPTON'S ADDITION, CITY OF DUBUQUE, IOWA 1606200007 LOT 1 OF LOT 5 OF GOVERNMENT LOT 1, AND; LOT 6 OF GOVERNMENT LOT 1, AND; LOT 1 OF THE SOUTH HALF OF THE NORTHEAST FRACTIONAL QUARTER; AND LOT 2 OF THE SOUTH HALF OF THE NORTHEAST FRACTIONAL QUARTER; AND LOTS 3 AND 4 OF THE NORTHWEST FRACTIONAL QUARTER OF THE NORTHEAST QUARTER; AND LOTS 3 AND 4 OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 4 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 1 OF LOT 3 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 1606326001 THE WEST 170 FEET OF LOT 1 OF THE SUBDIVISION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA, LOCATED TO THE NORTH OF LOT 2 IN SAID QUARTER 1608200004 LOT 1 OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; AND LOTS 1 AND 2 OF THE SUBDIVISION OF THE EAST 32 ACRES OF LOT 1 OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 8, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 1609100001 GOVERNMENT LOT 1 (ALSO KNOWN AS LOT 1 OF SECTION 9); AND LOT 2 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 1 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF THE SOUTHWEST QUARTER; AND LOT 2 OF LOT 1 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 1 OF LOT 2 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 1 OF LOT 4 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 2 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 3 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOTS 1 AND 2 OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND LOTS 1 AND 2 GOVERNMENT LOT 3; AND GOVERNMENT LOT 2; AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 1 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 3 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 4 OF THE SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER, ALL IN SECTION 9, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 1610300005 LOT 1 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF GOVERNMENT LOT 1; AND LOT 2 OF LOT 2 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; AND LOT 1 OF GOVERNMENT LOT 2; AND LOT 1 OF GOVERNMENT LOT 3; AND THE EAST 39 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 10, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA 1604300001 LOT 1 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF GOVERNMENT LOT 1 (ALSO KNOWN AS LOT 2 OF THE SUBDIVISION OF THE SOUTHWEST FRACTIONAL QUARTER), ALL IN SECTION 4, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA 1605400003 GOVERNMENT LOT 3; AND LOTS 1 AND 2 OF GOVERNMENT LOT 4; AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND LOTS 2, 3, 4, 5, 6, 7, 8, 9 AND 10 OF THE SUBDIVISION OF GOVERNMENT LOTS 1 AND 2, ALL IN SECTION 5, TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA; AND ALL THAT PART OF THE VACATED COUNTY ROAD LYING WITHIN THE ABOVE DESCRIBED PARCELS Whereas, as part of a 28E Agreement, the State of Iowa has agreed to submit a Pre -annexation Agreement to the City of Dubuque; and Whereas, the State of Iowa has 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, 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 the State of Iowa and the City of Dubuque is hereby approved. Passed, approved and adopted this 5t" day of July 2022. Brad,y;-tav_anagh, Mayor ATTEST: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 238-22 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 6tr' day of July, 2022. a&'&� A XWO4, Adrienne N. Breitfelder, City Clerk Ak 151 " 61 a J Q vY' 0 p 61 Fs 151 LG Fy rs SETTLERS LN v m N --I O Z Z OLDE MASSEY RD O Ny 0 �� Za � 70 Nt� CRYSTAL LAKE CAVE DR Of D �a Y 52 0 N �O 9i m� KANE I I Py � y�P,( 0 0 0.5 1 2 � Miles 1:40,000 A —7*** Dubuque THE CITY OF l All -America City DUB_@QUE '1111.1 2007-2012*2013 Masterpiece on the Mississippi 2017*2019 Pre -annexation Map A\A1 Applicant: State of Iowa Location: Mines of Spain State Recreation Area PIN: 1501232001, 1606200007, 1606326001, 1608200004,1609100001,1610300005, 1604300001,1605400003 QSubject Property Parcels ® City Limits DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever.