Pre-Annexation Agreement with David and Randa Chesney and Kellhoff Properties, LLC located at 10684 Key West Dr.City of Dubuque
City Council Meeting
Consent Items # 015.
Copyrighted
August 5, 2024
ITEM TITLE: Pre -Annexation Agreement with David and Randa Chesney and Kellhoff
Properties, LLC Located at 10684 Key West Dr.
SUMMARY: City Manager recommending City Council approve a pre -annexation
agreement with David & Randa Chesney, and Kellhoff Properties, LLC
property owners, of 10684 Key West Drive, Lot 35, and the Northerly 35
Feet of Lot 34 in the City of Key West, Iowa, Dubuque, County, Iowa,
according to the recorded plat thereof and give authorization to 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 David and Randa Chesney and Kellhoff
Properties, LLC
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
Covenant Pertaining to Water Service Supporting Documentation
Covenant Assessment to Cost of I mprovements Supporting Documentation
Vicinity Map Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
heal
All -America City
111111
2007.2012.2013
2017*2019
SUBJECT: Pre -annexation Agreement — David & Randa Chesney and Kellhoff
Properties, LLC
DATE: July 31, 2024
Planning Services Director Wally Wernimont is recommending City Council approve a
pre -annexation agreement with David & Randa Chesney, and Kellhoff Properties, LLC
property owners, of 10684 Key West Drive, Lot 35, and the Northerly 35 Feet of Lot 34
in the City of Key West, Iowa, Dubuque, County, Iowa, according to the recorded plat
thereof and give authorization to 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.
briA44 kr4A/71.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Director
Gus Psihoyos, City Engineer
Chris Lester, Water Department Director
Rose Hoerner, Utility Billing Supervisor
Masterpiece on the Mississippi
Dubuque
bland
AII•America City
,1110.LQ41a badF
2007.2012.2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Director \I
SUBJECT: Pre -annexation Agreement — David & Randa Chesney and Kellhoff
Properties, LLC
DATE: July 30, 2024
INTRODUCTION
This memo transmits for City Council review and approval, a pre -annexation agreement
with David & Randa Chesney, and Kellhoff Properties, LLC property owners, of 10684 Key
West Drive, Lot 35, and the Northerly 35 Feet of Lot 34 in the City of Key West, Iowa,
Dubuque, County, Iowa, according to the recorded plat thereof. The agreement, resolution
and related materials are attached.
DISCUSSION
The City of Dubuque has acquired the water and sewer system that serves Twin Ridge
Subdivision. The subdivision is in the Key West area south of the existing city of Dubuque
corporate limits. As part of connecting to the City's water and sewer system, a pre -
annexation agreement must be signed to receive the utilities at standard City rates. Without
the pre -annexation agreement, the property owners would have to pay one and a half times
the standard City rates.
The approximately .32 acre (13,866 sf) subject property is located at 10684 Key West Drive
in Dubuque County. 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 David and Randa Chesney and Kellhoff
Properties, LLC pre -annexation agreement and authorize the Mayor to sign the agreement
on behalf of the City of Dubuque.
Attachments
cc: Crenna Brumwell, City Attorney
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. 13th St (563) 589-4210
Return to: Wally Wernimont, City Planner Address: City Hall, 50 West 13th St (563) 589-4210
RESOLUTION NO. 241-24
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND DAVID AND RANDA CHESNEY AND KELLHOFF
PROPERTIES, LLC
Whereas, DAVID AND RANDA CHESNEY AND KELLHOFF PROPERTIES,
LLC, the owners of the following described property located at 10684 Key West Drive 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 35, and the Northerly 35 Feet of Lot 34 in the City of Key West, Iowa,
according to the recorded plat thereof, subject to easements of record
Whereas, David And Randa Chesney And Kellhoff Properties 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 David and Randa Chesney and
Kellhoff Properties, LLC and the City of Dubuque is hereby approved.
Passed, approved and adopted this 5th day of August 2024.
By:
ATTEST:
By: (.9.VA Z
Adrienne N. Breitfelder, City Clerk
rad var 4h, Mayor
imoIIIIIIuwIIIIIIIIIIIIIIIIIIIIIIIIImmmIIIIImuu
Doc ID• 011252890017 Type GEN
Kind AGREEMENT
Recorded: 08/06/2024 at 04:05:56 PM
Fee Amt: $87.00 Pape 1 of 17
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00007236
Prepared by Jason Lehman, 300 Main Street, Suite 330 Dubuque, IA, 52001 563-589-4381
Retum to City Clerk, 50 West 13th Street, Dubuque, IA 52001, 563-589-4120
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DAVID AND RANDA CHESNEY
AND
KELLHOFF PROPERTIES LLC
This Pre -A nexatiop Agreement (the "Agreement"), dated for reference purposes
the J day of 39USU.S-1' , 2024, is made and entered into by and between the
City of Dubuque, Iowa ("City") and David and Randa Chesney and Kellhoff Properties
LLC ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
LOT 35, AND THE NORTHERLY 35 FEET OF LOT 34 IN THE CITY OF KEY WEST,
IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO
EASEMENTS OF RECORD
and shown in ExhibitA 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, City provides water service to the public street adjacent to the Real
Estate; and
Whereas, Owner desires to have the Real Estate annexed by City upon certain
terms and conditions as hereinafter set forth; and
1
P ckivivj E376
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.
S CTIOMry 2. TERM. The term of this Agreement is from the 5 day of
/u9uS1— , 2024 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%).
2
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 and executes this
Agreement, Owner will pay 1.5 times the regular City water rate paid by all other City
residents for such services until the time of annexation. Upon annexation, Owner will
pay the regular 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.
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, Own erwiII 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.
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.
4
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 Eventof Default has not been cured within sixty (60) days following such
notice, or if the Eventof 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
David and Randa Chesney
175 York Street
Dubuque, Iowa 52003
Kellhoff Properties LLC
500 Westover Dr #34567
Sanford, NC 27330
5
SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City Council of Dubuque, Iowa in its sole discretion.
6
CITY OF DUBUQUE, IOWA
ATTEST:
By:
gh, Mayor Adrienne Breitfelder, City Clerk
On this Co' day of CI u u , 2024, before me, a Notary Public in and for
said state, personally appeard Brad M. Cavanagh 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.
TUSDEE LYNN BLUM
Comsiiss4on Numbsr 64247S
My Comm. Exp. hci l
DEED HOLDER
Notary Public in the State of Iowa
My Commission expires A (A004,5
'
6
By:By: :n „ .Davi/6ed/1
. hesnay Rana , J. Ch s ey
On this 3 day of 19 , 2024, before me, a Notary Public in and for
said state personally appeared David J. Chesney and Randa J. Chesney 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.
Notary Public in the State of
My Commission expires 23
OFFICIAL SEAL.
A CHRISTOPHER HOMAN
NOTARY PUBLIC, STATE OF ILLINOIS
COMMISSION NO. 934066
MY COMMISSION EXPIRES JUNE 23, 2025
CONTRACT HOLDER
By: Y ram.\
Morgan Hoffmann,
A
m
r/Manager — Kellhoff Properties LLC
rtli•toi5
On this 2.L1 day of Take. , 2024, before me, a Notary Public in and for
said state personally appeared Morgan Hoffmann 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.
.a t.', RENEE LUANNE BLOSCH
Commission Number 793366
MCommission y
November
L„,6L
Notary Public in the State of Iowa / r
My Commission expires it / a
7
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
LOT 35, AND THE NORTHERLY 35 FEET OF LOT 34 IN THE CITY OF KEY WEST, IOWA,
ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO EASEMENTS OF RECORD
9
J
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 State 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 us 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: Telephone:
Subscribed and sworn before me this day of , 20
Notary Public
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
11
LOT 35, AND THE NORTHERLY 35 FEET OF LOT 34 IN THE CITY OF KEY WEST, IOWA,
ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO EASEMENTS OF RECORD
12
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/I g, „ 0
404, 01. 1.1 444; it it .H .f• „„i,, '04
EXHIBIT B
PRE -ANNEXATION AGREEMENT
(Insert fully executed pre -annexation agreement here)
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. 241-24
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND DAVID AND RANDA CHESNEY AND KELLHOFF
PROPERTIES, LLC
Whereas, DAVID AND RANDA CHESNEY AND KELLHOFF PROPERTIES,
LLC, the owners of the following described property located at 10684 Key West Drive 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 35, and the Northerly 35 Feet of Lot 34 in the City of Key West, Iowa,
according to the recorded plat thereof, subject to easements of record
Whereas, David And Randa Chesney And Kellhoff Properties 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 David and Randa Chesney and
Kellhoff Properties, LLC and the City of Dubuque is hereby approved.
Passed, approved and adopted this 5th day of August 2024.
By:
ATTEST:
By:
Adrienne N. Breitfelder, City Clerk
rad Ivh, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 241-24 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 6 day of August 2024.
Adrienne N. Breitfelder, City Clerk
1111111111111111111111111111111111111111111111111111111111111111111111111111111
Doc ID: 011252900003 Type GEN
Kind AGREEMENT
Recorded: 08/06/2024 at 04:06:12 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00007237
Prepared by Jason Lehman, 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
COVENANT PERTAINING TO WATER SERVICE
THI AGREEMENT, made and entered into effective the 5 day of
AUK s , 2024, between the City of Dubuque, Iowa (hereinafter called "City"),
and iravid and Randa Chesney and Kellhoff Properties LLC (hereinafter called
"Owners"), their heirs, successors and assigns,
WITNESSES:
WHEREAS, the aforesaid Owner owns an area of land described as follows ("the
Real Estate"):
LOT 35, AND THE NORTHERLY 35 FEET OF LOT 34 IN THE CITY OF KEY WEST,
IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO
EASEMENTS OF RECORD
WHEREAS, City provides water service to the public road adjacent to the Real
Estate; and,
WHEREAS, said land is within two (2) miles of the City; and,
WHEREAS, Owner may desire to receive rural water service, sanitary service, or
both services for the Real Estate.
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
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,
lien holders, 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 DUBUQUE, IOWA
By:
Brad M. CavanagPdlayor
ATTEST:
By:
Adrienne Breitfelder, City Clerk
On this (o day of Qll.1 us-i" , 2024, before me, a Notary Public in and for
said state, personally appear d Brad M. Cavanagh 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 aft and deed.
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4 ; commas .Numb r II4247!
,o„„ My Comm. Exp. (1 4
DEED HOLDER
2
Notary Public in the State of Iowa
My Commission expires 11 D l.5
By:
Davi. . Chesn
On this r`4day of
said state personally appeared
to be the person(s) named i
acknowledge that they executed the same as their voluntary act and deed.
By:011(AcIdtDi.,
Ran J. Che n y
OFFICIAL SEAL
A CHRISTOPHER HOMAN
NOTARY PUBLIC, STATE OF ILLINOIS
COMMISSION NO. 934066
MY COMMISSION EXPIRES JUNE 23, 2025
CONTRACT HOLDER
, 2024, before me, a Notary Public in and for
avid J. Chesney and Randa J. Chesney known to me
and who executed the foregoing instrument, and
' . l ,
Notary Public in the State of likiett.tiltnois
My Commission expires (i Z 3/ZS—
r/Manager— Kellhoff Properties LLC
On this Z`i day of 3-
0.4.2 , 2024, before me, a Notary Public in and for
said state personally appeared Morgan Hoffmann 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.
Notary Public in the State of Iowa
My Commission expires // /a/'/a l
3
II II
1111111111111111111111111111111111111111111111111111111111111111111111
Doc ID: 011252910004 Type GEN
Kind AGREEMENT
Recorded: 08/06/2024 at 04:06:33 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
Karol Kennedy Recorder
File2024-0000 / 238
Prepared by Jason Lehman, 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
COVENANT FOR ASSESSMENT OF COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT, made and entered into effective the Jr -
day of AU vtS4 , 2024, between the City of Dubuque, Iowa (hereinafter called
"City"), and Dvid and Randa Chesney and Kellhoff Properties LLC (hereinafter called
"Owner"), its heirs, successors and assigns.
WITNESSES:
WHEREAS, the aforesaid Owner owns an area of land described as follows ("the
Real Estate"):
LOT 35, AND THE NORTHERLY 35 FEET OF LOT 34 IN THE CITY OF KEY WEST,
IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO
EASEMENTS OF RECORD
WHEREAS, said land is within two (2) miles of the City; and,
WHEREAS, City provides water service to the public road adjacent to the Real
Estate.
NOW, THEREFORE, the parties hereto agree that:
1. In anticipation of the possibility upon or after annexation 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 Iowa Code Section 384.50, the provisions of Iowa
Code Section 384.38 notwithstanding.
2. It is understood and agreed that if and when the governing body of the City
conducts a hearing on a proposed resolution of 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 35, AND THE NORTHERLY 35 FEET OF LOT 34 IN THE CITY OF KEY WEST,
IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO
EASEMENTS OF RECORD
3. 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,
lien holders, 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.
4. 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.
5. 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.
6. 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 on any street, alley, right or
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
City, is required at the owner's expense to connect such facilities directly with the
property public sewer, in accordance with City standards. 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 of City, Owner, Owner's heirs, successors and assigns, including but not
limited to the future owners of the Real Estate will be required to connect to such sewer.
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. 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
2
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, 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.
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.
3
CITY OF DUBUQUE, IOWA
By:
Bra
ATTEST:
By:
Adrienne Breitfelder, Ci
Clerk
On this 6` day of Q us\ , 2024, before me, a Notary Public in and for
said state, personally appeared Brad M. Cavanagh 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.
leii, TU$DEE LYNN BLUR
f Commission Numbsr i W7r: my Comm. Ezp.,r
DEED HOLDER
By:
David J. Chesr'
ey,
Notary Public in the State of lowa
My Commission expires q f Dv :)b
By:
Rand J. Che iey
On this 3 day of fir,(} , 2024, before me, a Notary Public in and for
said state personally appeared David J. Chesney and Randa J. Chesney 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.
OFFICIAL SEAL
A CHRISTOPHER HOMAN
NOTARY PUBLIC, STATE OF ILLINOIS
COMMISSION NO. S34066
MY COMMISSION EXPIRES JUNE 23, 2025
CONTRACT HOLDER
By:
Morgan H ffmann, Mer/Manager— Kellhoff Properties LLC
On this 2'j day of JJAQ_ , 2024, before me, a Notary Public in and for
said state personally appeared Morgan Hoffmann 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.
No ary Public n the State of
My Commission expires
RENEE LUANNE • «
Commission Number 793366
;• My Commission Expires
ow November 24, 2024
Notary Public in the State of Iowa
My Commission expires M a q/caV.
4
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Masterpiece an the Mississippi
Dubuque
111111
2007.2012.2013
2017*2019
Pre -annexation Map
Applicant: David J. and Randa J. Chesney and
Kellhoff Properties LLC
Location: 10684 Key West Drive
Legal: Lot 35 and Northerly 35' of Lot 34 in the
City of Key West
Subject Property
Parcels
DISCLAIMER: This information nas compiled using tne
Dubuque Area Geographic Information System IDAGtS). which
includes data created by both the City of Dubuque and
Dubuque County. II is understood that. while the City of
Dubuque and participating agencies utilized he most current
and accurate information available. DAGIS and tts suppliers do
not warrant the accuracy or currency of the information or data
contained herein. The Ctty end 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 !his data or the inability to use this data or out of any
breach of warranty whatsoever.
:2,000