Pre-Annexation Agreement — State of Iowa Department of Transportation, 9762 O'Rourke Drive Copyrighted
January 16, 2024
City of Dubuque Consent Items # 013.
City Council Meeting
ITEM TITLE: Pre-Annexation Agreement— State of Iowa Department of
Transportation, 9762 O'Rourke Drive
SUMMARY: City Manager recommending City Council approval of a pre-annexation
agreement with State of Iowa Department of Transportation, property
owner, 9762 O'Rourke Drive in Dubuque County, Iowa, according to the
recorded plat thereof 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 the Iowa Department of Transportation
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Preannexation Agreement Supporting Documentation
Vicinity Map Supporting Documentation
Dubuque
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre-annexation Agreement —9762 O'Rourke Drive, Iowa Department of
Transportation
DATE: January 9, 2024
Planning Services Director Wally Wernimont is recommending City Council approval of
a pre-annexation agreement with State of Iowa Department of Transportation, property
owner, 9762 O'Rourke Drive in Dubuque County, Iowa, according to the recorded plat
thereof and authorize the Mayor to sign the agreement on behalf of the City of
Dubuque.
The approximately 32-acre subject property is located at 9762 O'Rourke Drive in
Dubuque County, and as part of connecting to the City's water main and sanitary sewer,
a pre-annexation agreement must be signed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/ LVA4 k
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Director
Dubuque
THE CITY OF
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TO: Michael C. Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Director\
SUBJECT: Pre-annexation Agreement —9762 O'Rourke Drive, Iowa Department of
Transportation
DATE: January 8, 2024
INTRODUCTION
This memo transmits for City Council review and approval, a pre-annexation agreement
with, State of Iowa Department of Transportation, property owner, 9762 O'Rourke Drive
in Dubuque County, Iowa, according to the recorded plat thereof. The agreement,
resolution and related materials are attached.
DISCUSSION
The approximately 32-acre subject property is located at 9762 O'Rourke Drive in
Dubuque County, and as part of connecting to the City's water main and sanitary sewer,
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 Iowa Department of Transportation pre-
annexation agreement and authorize the Mayor to sign the agreement on behalf of the
City of Dubuque.
Attachments
cc: Crenna Brumwell, City Attorney
Jason Lehman, Assistant City Attorney
Gus Psihoyos, City Engineer
Christopher Lester, Water Department Director
Charlie Gau, Water Engineering Assistant
Carl Plumley, Water Distribution Supervisor
Rose Hoerner, Utility Billing Supervisor
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St (563) 589-4210
Return to: Wally Wernimont, City Planner Address: City Hall, 50 West 13th St (563) 589-4210
RESOLUTION NO. 10-24
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND THE STATE OF IOWA DEPARTMENT OF
TRANSPORTATION
Whereas, State of Iowa Department of Transportation (IDOT), the owner of the
following described property located at 9762 O'Rourke Drive in Dubuque County, Iowa
(the Property) has 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 O'Rourke Farms Addition, in Section 13, Township 88 North, Range
2 East of the 5tn P.M., in Dubuque County, Iowa according to the recorded plat
thereof
Whereas, IDOT 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, the Property does include any state property; and
Whereas, the Property does not include any 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 Iowa Department of
Transportation and the City of Dubuque is hereby approved.
Passed, approved and adopted this 16th day of January 2024.
By:
Br Cavanagh, Mayor
ATTEST:
By: W./1yr cZ24
Adrienne N. Breitfelder, City Clerk
Prepared by Barry Lindahl , 300 Main Street, Suite 330 Dubuque , IA 52001 563-589-4381
Return to City Clerk , 50 West 13th 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 2 day of January , 2024 , is made and entered into by and between the City of
Dubuque , Iowa ( " City") and the Department of Transportation , acting for the State of
Iowa ( " Owner") .
Whereas , Owner is the legal owner of real estate legally described as :
Lot 2 of O ' Rourke Farms Addition , in Section 13 , Township 88 North , Range 2
East of the 5th P . M . Dubuque County , Iowa
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
1
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 .
S OW THEREFORE , IN CONSIDERATION OF THE PROMISES AND THE MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED , IT IS HEREBY AGREED AS
FOLLOWS :
S ECTION 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 .
S ECTION 2 . TERM . The term of this Agreement is from the day of
, 2023 until the annexation of the Real Estate to City is final .
S ECTION 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 .
S ECTION 4 . ADMINISTRATIVE COSTS . City agrees to pay the administrative costs
associated with the annexation of the Real Estate , which includes filing and recording costs .
S ECTION 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 Subject to Paragraph 6 . 2 below , 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 As it pertains to that portion of the Real Estate shown as Lot 2 -2 of O ' Rourke Farms Addition on
the preliminary plat attached hereto and made a part hereof as Exhibit C , in event the Owner should sell
or transfer to a non- governmental entity ("New Private Owner") said lot and said lot is provided water
services from a rural water provider prior to annexation, the New Private Owner as well as its successors
and assigns must use City water services to provide water to Lot 2 -2 upon annexation . This paragraph
does not apply to Owner and Owner shall not be required to obtain City water services as it pertains to
said Lot 2 -2 , but Owner shall require its successors and assigns to agree to this Section 6 . 2 in any
agreement for the purchase of Lot 2 . 2 or any part thereof.
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 Subject to Iowa Code § § 307 . 45 and 384 . 56 , 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
3
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 As it pertains to that portion of the Real Estate shown as Lot 2 -2 of O ' Rourke Farms
Addition on the preliminary plat attached hereto and made a part hereof as Exhibit C , in event
the Owner should sell or transfer to a non -governmental entity (" New Private Owner' ) said lot ,
said lot shall connect to City sanitary sewer at the expense of the new private owner . There is
no sanitary sewer connection fee .
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 .
S ECTION 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 .
S ECTION 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 .
S ECTION 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 ) City may take any action , including legal , equitable or administrative action ,
which may appear necessary or desirable to enforce performance and
observance of any obligation , agreement , or covenant under this Agreement .
4
S ECTION 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 13th Street
Dubuque , Iowa 52001
If to Owner : State of Iowa
Attention : Director , Iowa DOT
800 Lincoln Way
Ames , IA 50010
S ECTION 12 . COUNCIL APPROVAL . This Agreement is subject to final approval of the City
Council of Dubuque , Iowa in its sole discretion .
CITY OF DUBUQUE , IOWA
ATTEST :
By : By :
Brad M . Cavanaugh , Mayor Adrienne Breitfelder , City Clerk
On this day of , 2023 , before me , a Notary Public in and for said
state , personally appeared Brad M . Cavanaugh and Adrienne Breitfelder 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 .
My Commission expires
N otary Public in the State of Iowa
OWNER
By :
Scott Marler , Direct r Iowa DOT
On this 2 day of January , 2024 , before me , a Notary Public in and for said state personally
appeared Scott Marler known to me to be the person ( s ) named in and who executed the
foregoing instrument and acknowledge that they executed the same as their voluntary act and
deed .
4o�,� t �� JIL OIL-AWE
a Commission Number 768412 No Public in the State of Iowa
My Commission ,ppires
°w ` June 15 , 20 aa
My Commission expires June 15 , 2026
5
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ATTACHMENTS
EXHIBIT A : Legal Description and Map of Area to be Annexed
EXHIBIT B : Petition for Annexation
EXHIBIT C : Subdivision Plat
6
Lot 2 of O ' Rourke Farms Addition , in Section 13 , Township 88 North , Range 2 East of the 5th
P . M . Dubuque County , Iowa
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�LT�! Dubuque County. It is understood that,while the City of
��g Dubuque and participating agencies utilized the mast current
N1 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 iable for any direct,indirect.incidental,consequential.
0 250 500 1,000 punitive,or special damages,whether foreseeable or 1:5,000
unforeseeable,arising out of the authorized or unauthorized
Feet use of This data or the inability to use Ibis darn or out of any
breach of warranty whatsoever.
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Doc ID: 011188630018 Type: GEN
Kind: AGREEMENT
Record
$92.00 Page I of IS
PM
Fee
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00000938
Prepared by Barry Lindahl, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to City Clerk, 50 West 131h 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 2 day of January, 2024, is made and entered into by and between the City of
Dubuque, Iowa ("City") and the Department of Transportation, acting for the State of
Iowa ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
Lot 2 of O'Rourke Farms Addition, in Section 13, Township 88 North, Range 2
East of the 5th P.M. Dubuque County, Iowa
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
c�Ci+y�41c�..�nni►-� 9 GZ00
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
COVENANTS AND AGREEMENTS HEREIN
FOLLOWS:
OF THE PROMISES AND THE MUTUAL
CONTAINED, IT IS HEREBY AGREED AS
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 16' day of
D'Anual, , 202$Nuntil 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%).
4
SECTION 6. CITY WATER SERVICES.
6.1 Subject to Paragraph 6.2 below, 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 As it pertains to that portion of the Real Estate shown as Lot 2-2 of O'Rourke Farms Addition on
the preliminary plat attached hereto and made a part hereof as Exhibit C, in event the Owner should sell
or transfer to a non -governmental entity ("New Private Owner") said lot and said lot is provided water
services from a rural water provider prior to annexation, the New Private Owner as well as its successors
and assigns must use City water services to provide water to Lot 2-2 upon annexation. This paragraph
does not apply to Owner and Owner shall not be required to obtain City water services as it pertains to
said Lot 2-2, but Owner shall require its successors and assigns to agree to this Section 6.2 in any
agreement for the purchase of Lot 2.2 or any part thereof.
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 Subject to Iowa Code §§ 307.45 and 384.56, 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
3
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 As it pertains to that portion of the Real Estate shown as Lot 2-2 of O'Rourke Farms
Addition on the preliminary plat attached hereto and made a part hereof as Exhibit C, in event
the Owner should sell or transfer to a non -governmental entity ("New Private Owner') said lot,
said lot shall connect to City sanitary sewer at the expense of the new private owner. There is
no sanitary sewer connection fee.
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) City may take any action, including legal, equitable or administrative action,
which may appear necessary or desirable to enforce performance and
observance of any obligation, agreement, or covenant under this Agreement.
4
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 13t" Street
Dubuque, Iowa 52001
If to Owner: State of Iowa
Attention: Director, Iowa DOT
800 Lincoln Way
Ames, IA 50010
SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City
Council of Dubuque, Iowa in its sole discretion.
CITY OF DUBUQUE, IOWA
rR. i'
P W - /
. •umb Mayor
ATTEST:
By:
Adrienne Breitfelder, City Clerk
a4
On this 31 day of �qr �
, �3, before me, a Notary Public in and for said
state, personally appeared Brad M. and Adrienne Breitfelder known to me to be
the person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed t e same as their voluntary act and deed.
JW My Commission expires 9 ad acit5
Notary Public in the State of Iowa
o.�" `•� TUSDEE LYNN OLUsQ
OWNER by
ommb•bn Nuakt�wrSM7Comm. E:P. J )Ja
By:
Scott Marler, Direct r Iowa DOT
On this 2 day of January, 2024, before me, a Notary Public in and for said state personally
appeared Scott Mader known to me to be the person(s) named in and who executed the
foregoing instrument and acknowledge that they executed the same as their voluntary act and
deed.
f JILL STRUVE
CORM WW Nun*w 7W412 Noty Public in the State of Iowa
My commission,-pires
June 15, 20 d io
My Commission expires June 15, 2026
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
EXHIBIT C: Subdivision Plat
Lot 2 of O'Rourke Farms Addition, in Section 13, Township 88 North, Range 2 East of the 5tn
P.M. Dubuque County, Iowa
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 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 , 20_
Telephone:
Subscribed and sworn before me this
Notary Public
Telephone:
day of , 20_
ATTACHMENTS:
EXHIBIT B-1: Legal Description and Map of Area to be Annexed
EXHIBIT B-2: Pre -Annexation Agreement
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
10
Lot 2 of O'Rourke Farms Addition, in Section 13, Township 88 North, Range 2 East of the Sth
P.M. Dubuque County, Iowa
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EXHIBIT B
PRE -ANNEXATION AGREEMENT
(Insert fully executed pre -annexation agreement here)
13
EXHIBIT C
SUBDIVISION PLAT
14
INDEX L=GEND _
LOCA-ICN: LOT 2 OF CROORKE FARMS ADO TON N SFC7104 13, 188N, R2F
OF THE FIFTH PRINCPAL MERZIAV, DUBUQUE C?JVTY, IOWA
PROPRIETORS: STATE CF 'OWA
REOUESCR STATE OF CWA
SURVEYOR: BRAD BURGER
SLRVEYOR :OWA DEPARTMEV- Or TRANSPORTATDN
AMPAN'�'
_._.
BRAD BLRCER, 14+17 ROUTE 136 NOR'H
RE'LRN 10: )YERSV. . A WAG 1 (563) 875-2375
PRF-ARED BY BRAG BURGER IOWA DEPAR'MEN- OF-RANSPORTA90N, '41•.7 RCJTE 136 NORT•1, )YERSMLLE, IOWA 52040 1563) 875 2375
FINAL LOT 1-2 AND LOT 2-2 OF O'ROURKE FARMS ADDITION
PLAT I A CIVS ON OF -OT 2 OF O'ROI,RKE FARMS AC?'1ON N SECTION '-RTEEN ;'3), TOWNSF-IP ]GHTY-c G-T
NORTH (-88N), RANGE TWO '-AS-, ',92E) OF T^E FIF-n �R'\CIPAL MER DIAV, DUBUOLE COUNTY, 'CWA
S,:MMARY 'ABLE . ALV A--7.---- - - - .. LIVE BEARING • DISTANCE
SW7/4 NBBN. SF.'%4 M1W /4 AWt/4 SW /4 NE1/4 SW'/4 ,t S 345319 'i 5 36'S3'M' E)48,33
SEC •3. TBBN. R2E SE '3, '88N RZE SEC 13, MEIN. R2E SEC, -3. TBBN. R2E 1 5 34'S3 t9 - (N 36'S3-� 55.3T _
70TAL ACRES • :RD. W. ACRES TO -AI ACRE5 R.O W AURf.S i TOTAL ACtFS ROW. ACRES TOT.4. ACRES R.0 W ACRES L3 S 35'42 04 E S 37 42 5D E) 199.3� 1
1- 2 3.12 J- 0.00 . '�8 39 / } 0 71 / 5.51 ./- 0 CO 14 8 •!- 0 38 «/- 1 ,4 5 b4'10 -'M s sz_�%1 9,
_....__�� -- -- -_ - L5 S_ 67'3039 W (S 65R935 220.66 '220.72,
( ?-?. I 0 00 I D CO 0. 61 / 0 12 /- 0.00 000 1 39 «/- 0.07+/-.......I 1_6 S 55.09 21 W (5 53W'2� 205 95 205.82')'
LEGEND L7 S 67.33`LB S 28 W 5 657231 W 2.54.03 254.15E
8- 9.235(5 /723 6 W ''0 w 128.88
L9 N 14.3357 ? (h 12-3359 E) 106.51 106.52
- ---rr- . __..
% L'0 N 41'32 29 E (N 39.3+'37 106 93 '06.87)
SET 5/8- RON ROD W/ L11 N 27.1702 E (N 25�T00- E) '26,30
ORANGE CAP /2028' 12 N SIS1 DO E N 55'2606' [) t48.23 (14672
?3 N 42'0359 E (v 40V332 E) 278.22 (276.1•'
�{ SET VAG NAI_ W/ 'wA511_R S 14 N 15'0032 E ;N 13'D7 03' E) 263.22 (265.20')
FD •/2• IRON ROD W/ 1.15 N 55''928 E (V 53.36'04 F 33.00
YE -LOW „AP /95C5 PROSE' \- ..........
c ARCEL \\ �L'6 N_72'33'9B' WNC _D. 1/2• IRON RDD 'W/ NO CA- N0. g6PC,C 17B \\ / N 13.1542 W 1-13.63\ 8 S fi5.47.49 w 358T'
a" 5. �2055- j OLDE DAVENPORT , J9 S 35'e2'04 E (v 37.4250 W)f'9069
'D 4AG RA.I N ROAD _.,_.-..._.,.
/ \
BOUNDARY LINE SL'RVEYEO
- - - SEC'ION JNE AND OR 1/4 OR
'/A 1/4 SE, -ON LNE 7 .` \ LOT 1
-- -- - R C.w, LINE/ / \ \ �s O'ROURKE FARMS ADDI-ION i �'' ��•,
4\pp�3� INST. 02018-00004533 /% \ \ \
c.%'STING EASEMEN- I NIRECORDED AS
`- xI57NG L-ILITY
=ASLVEN` PER •}'A'��D\\ ! \ �V` \
1 \ / MST. 413386 97 4. � \\ ,J* � 'sS• \ \
so
I2p13-00006•'. ^ ,� " APPRWOVA77 LOCA110N VD S.CAIF
Y 3F MAQUOKETA VA_LEY \\
ELECTRIC COOPERATiVF \ '
zASFMFN' PER OCLV4k:hTS \\ \
39TAPE3 FROM WEC A
hs Izc'7-0oto73D \\ LOT 2-2
2.0 •/- ACRES TOTAL
0.13 -1-ACRES .R.O.N
i.di .,-ACRES .NET
_x.STING PERMA`iENT ♦� f// /\
UTR11Y EA�MM�.- ,,�- - LOT 1-2 --� �' , - . ,\\ F:, , �>
INS 1. (1015- 30005;77 "%'STING PERVA%-N- / \ \ i \ !V'
'/ -Lr EASEMENT 31.2C •/-.ACRES i?�AL 1 S22?Sg \ P� 3 '-, 4> f
a FOR WA:ER MAN. ' 0 J -N\
SANI'ARV SEWER h '.'J9 •/-A!'RCS R. C.N I - .-
FlRFR OPTIC CA9..E ' 3'\ o\�• 'A
SWERLY L NG- I INS-. /2015- CA0004147 30.I) •/ ACRES NET APPR3xIMA;E LOCATION r4 J \
tG" 7 ( OROJRKE OF MACOONETA VA.LEY "as
IA.RMS AGC'rON Q. ELECTRIC C00FRA11VI, ?�•\ \
ASEMEN' PER DOCJMEN75
WF
/� ry y0• M7AD +t1GM MAC AND
NST 12017-50D10730 \ \
7 % \ SE LRf. Y CORNER
LOT 2 OF O'ROURKE r \,
\ FARMS ADDITION77ON \
e�.4 3 T, NE
N /
I'
iI � �• N� 3!/ � ' � J
VOTE: -N S °.A' IS SLB.+EC- -0
%_ASEVENTS OF RECORD AND NOT
RECORD \ Q a�RKE DRIVE
I aaaT 6e yy b4 �ROJEOT PAR'Ei. NO. '95A
y ..»rn daamt w
0 p,%. `4N6 X"V" ma the rWa WV" Poe M PPaMw 6Y nw 1 ACCUISITiON PLAT RECORDED IN
3, m a+ea "*" Paw" •.'a w' 6wt I - HIV I INS-RUMF.NT /: 20I5-00006176
BRAD J. ^ ' DATE OF SURVEY: 1212912021
BURGER�el ,fin` 2- 2�1j
d 20251 a 3RAD 4 anxl -Loan " we SCALE: 1' 200'
SY 1} M7 I_ rw $ dm A D1 *a A 20N
OWP
a7 a1i I1
we` 51,"M ?and )
SI'cET 1 01 7
0 200 400
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13"' St (563) 589-4210
Return to: Wally Wernimont, City Planner Address: City Hall, 50 West 13"' St (563) 589-4210
RESOLUTION NO. 10-24
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND THE STATE OF IOWA DEPARTMENT OF
TRANSPORTATION
Whereas, State of Iowa Department of Transportation (IDOT), the owner of the
following described property located at 9762 O'Rourke Drive in Dubuque County, Iowa
(the Property) has 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 O'Rourke Farms Addition, in Section 13, Township 88 North, Range
2 East of the 5th P.M., in Dubuque County, Iowa according to the recorded plat
thereof
Whereas, IDOT 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, the Property does include any state property; and
Whereas, the Property does not include any 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 Iowa Department of
Transportation and the City of Dubuque is hereby approved.
Passed, approved and adopted this 161h day of January 2024.
tol 0=11--
1�_jr o. AAF-
7avanagh,Mayor
ATTEST:
By: &�"
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.10-24 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 31 st day of January 2024.
Adrienne N. Breitfelder, City Clerk