Annexation of Property_Voluntary WestsideTHE CITY OF DUBUQUE
Mastepiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: West Side Voluntary Annexation
DATE: September 11, 2008
Planning Services Manager Laura Carstens is recommending the approval of pre-
annexation agreements for the West Side Voluntary Annexation and that a public
hearing be set on the West Side Annexation Proposal for November 3, 2008.
Recently some property owners west of Dubuque approached the City about a
voluntary annexation. Subsequently, City staff had discussions with several property
owners, and two large farms and two residential lots signed voluntary annexation
requests by August 28, 2008. With these properties, the boundaries of the annexation
area were not uniform. In addition, there was an "island" of unincorporated land
between the Asbury City limits and the future City limits of Dubuque. The City's
Annexation attorney, Frank Smith, advised City staff to consider annexing additional
properties, without the property owner's consent, if necessary, to create more uniform
boundaries and to avoid creating an "island" between Dubuque and Asbury. City staff
personally contacted and provided pre-annexation agreements to all potential non-
consenting property owners.
Seventeen owners, holding title to 97% of the 643-acre voluntary annexation territory,
have signed pre-annexation agreements and filed requests for voluntary annexation.
Ten property owners in the Sandwedge Subdivision, an island between Asbury and
Dubuque, and three property owners west of the current Dubuque City limits and south
of Middle Road, did not sign pre-annexation agreements. They are included as non-
consenting property owners in accordance with state law. The non-consenting owners
represent 22 acres, or 3% of the total land area.
City staff has advised the residents of the Sandwedge Subdivision that the City of
Dubuque's position is, if they choose to annex to Asbury prior to the completion of this
process, the City will not contest that choice.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: West Side Voluntary Annexation
DATE: September 11, 2008
INTRODUCTION
The purpose of this memorandum is to transmit to you the west side voluntary
annexation requests and pre-annexation agreements. I am recommending that the City
Council be requested to approve pre-annexation agreements with property owners in
the approximately 643-acre annexation territory (not including road right-of-way) and to
set the voluntary annexation requests for a public hearing on November 3, 2008. A
resolution approving the agreements and setting a public hearing is enclosed.
BACKGROUND
In 2006, the City of Dubuque completed an Annexation Analysis of 23 future growth
areas. The 23 areas included in the original study are shown on the enclosed map.
In late July 2008, the City of Dubuque received verbal inquiries for voluntary annexation
of subdivisions west of the City of Asbury and the Meadows Golf Course. Additional
properties were identified by the developers of these subdivisions as being needed to
form contiguity with the City of Dubuque for annexation. Contacts were made by the
developers with the owners of two large farms that would provide contiguity. Several
meetings with City staff were held. As a result, the owners of the two large farms
expressed interest in annexing to Dubuque.
These subdivisions and farms were not in the study areas of the City's 2006 Annexation
Analysis. To accommodate these voluntary annexation requests, the City Council
approved updating the 2006 Annexation Study by the City's consultant, Veenstra &
Kimm, Inc., on September 2, 2008. This updated study analyzed the extension of City
services to Area Q-1, which includes 900 acres. Approximately 656 acres of land
(including road right-of-way) in Area Q-1 is the west side voluntary annexation area.
The Area Q-1 updated study includes analyses of City water and sanitary sewer
extensions, as provided for the other study areas in the 2006 Study. The Area Q-1
amendment shows possible water and sewer extension routes, sizes, and costs. Both
the 2006 and the 2008 revenue and expense projections show an annual gain for the
City based on full development of Area Q-1. The Area Q-1 updated study is enclosed.
West Side Voluntary Annexation
Page 2
DISCUSSION
Enclosed is a map that shows property ownership in the west side voluntary annexation
area. The west side voluntary annexation proposal is termed an "80/20" voluntary
annexation. It involves pre-annexation agreements with property owners who have filed
requests for voluntary annexation, as well as owners who have been included without
their consent in accordance with state law. An explanation of the 80/20 voluntary
annexation process and the pre-annexation agreements follows.
A pre-annexation agreement is a negotiated document between property owners and
the City. The agreement allows the property owners to address issues they may identify
related to annexation to the City. All consenting owners in the west side voluntary
annexation area have signed agreements. The enclosed agreements must be approved
by the City Council. A list of consenting and non-consenting owners is enclosed.
Voluntary Annexation Process
State law allows a city to include up to 20% of the total land area in a voluntary
annexation territory without the consent of the owner to avoid creating an island or to
create more uniform boundaries. These actions are called "80/20" voluntary
annexations because at least 80% of the land is annexed voluntarily, and up to 20% can
be annexed without the owner's consent. The City Development Board is the State
Board in Des Moines that rules on 80/20 voluntary annexation requests.
The owners of the two large farms, Merkes and Grady/Pothoff, and two residential lots
signed voluntary annexation requests by August 28, 2008. With these two farms, the
boundaries of the annexation area were not uniform. In addition, there was an "island"
of unincorporated land between the Asbury city limits and the future city limits of
Dubuque. Our annexation attorney, Frank Smith, advised City staff to consider
annexing additional properties, without the property owners' consent if necessary, to: 1)
create more uniform boundaries along Middle Road for provision of City services, and 2)
avoid creating an "island" between Dubuque and Asbury.
Map 1 shows the status of voluntary annexation requests as of August 28, 2008. The
voluntary requests (shown in blue) represent 555.5 acres, or 86% of the total land area.
The non-consenting owners (shown in green) were identified for consideration for
annexation by Frank Smith. They represent 88.0 acres, or 14% of the total land area.
City staff personally contacted and provided pre-annexation agreements to all of the
potential non-consenting property owners in the west side annexation area. For those
properties in the "island", the City of Dubuque's stated position has been and continues
to be that we will not contest these property owners requesting annexation by Asbury if
they choose to do so.
A commitment to the owners of the two large farms, Merkes and Grady/Pothoff, to
submit this annexation proposal to the City Development Board by December 1, 2008
necessitated a deadline for signed pre-annexation agreements of September 9, 2008.
West Side Voluntary Annexation
Page 3
As of September 9, 2008, the 17 owners holding title to 97% of the 643-acre voluntary
annexation territory had signed pre-annexation agreements and filed requests for
voluntary annexation. Ten property owners in Sandwedge Subdivision, an island
between Asbury and Dubuque, and 3 property owners west of the Dubuque city limits
and south of Middle Road (collectively owning 3% of the land in the annexation territory)
did not sign pre-annexation agreements. They are included as non-consenting owners
in accordance with state law.
In the west side annexation area, Middle Road is a county (public) road. All other
roads-Dreamway Drive, Sandwedge Drive, and Sandwedge Court-are private. State
law requires the City to annex to the centerline of the abutting county roadway of Middle
Road. The 3 private road ROWs are included to avoid creation of islands.
Map 2 shows the status of signed agreements as of September 9, 2008. The voluntary
requests (shown in blue) represent 621.35 acres, or 97% of the total land area. The
non-consenting owners (shown in green) represent 22.22 acres, or 3% of the total land
area. Map 2 also depicts the locations of 12.65 acres in public and private rights-of-way
(ROW) included in the west side annexation area.
In accordance with state law, the City Council must hold a public hearing on the west
side annexation prior to voting on the proposal. Notices of the date, time and location of
the public hearing are mailed to affected property owners, public utilities, and other
parties as required by law. Consultation with the Dubuque County Board of Supervisors
and the township trustees must be also held prior to the public hearing. A timeline for
the voluntary annexation process is enclosed.
If the City Council approves the west side annexation requests, then the annexation
requests are filed with the City Development Board. The Board then will schedule a
public hearing in Dubuque for all the affected property owners and the County. The
Board must approve an 80/20 annexation request by a 4/5ths vote of the members.
Pre-Annexation Agreements
All the pre-annexation agreements for the west side annexation area provide two main
incentives: 1) City property tax exemption, and 2) City financing of septic system and/or
sanitary sewer. The terms of these agreements are summarized below.
City Property Tax Exemption
Iowa law allows cities to provide a partial exemption of the City's portion of property
taxes over aten-year period after annexation according to a specific schedule: 75% for
years 1 and 2, 60% for years 3 and 4, 45% for years 5 and 6, 30 % for years 7 and 8,
and 15% for years 9 and 10. Iowa law requires that if one property owner in an
annexation area receives the City Property Tax exemption, all property owners must
receive this same exemption.
Septic System/Sanitary Sewer
The City will finance the costs to repair or replace an existing septic system or
connection to a future sanitary sewer. The property owner is assessed by the City for
West Side Voluntary Annexation
Page 4
such costs but the assessment is deferred without interest until the property owner
disposes by sale or otherwise of the property, at which time such assessment (without
interest) becomes due.
Additional Incentives
The pre-annexation agreements with the owners of the two large farms, AI and Theresa
Merkes (parcel 1) and the Grady Family Trust/Betty Pothoff (parcel 2), and Kerry
Bowman (parcel 7) have incentives for sanitary sewer and water extensions. These are
described below and reference the enclosed map of City utility extensions.
Sanitary Sewer
Upon the City Council's approval of a final subdivision plat for all or a part of the Merkes
Farm, Grady/Pothoff Farm, or Bowman property, and the commencement of
construction of the public improvements required by the resolution approving such plat,
within 12 months after the commencement of such construction the City will extend a
sanitary sewer collector line to the property at the City's sole expense. Any cost to
extend a collector line beyond this point is not the subject of the agreements. A property
owner who connects to the collector line must pay the City's intercept connection
charge of $500 per acre.
Water
Upon the City Council's approval of a final subdivision plat for all or a part of the Merkes
Farm, Grady/Pothoff Farm, or Bowman property, and the commencement of
construction of the public improvements required by the resolution approving such plat,
within 12 months after the commencement of such construction the City will extend a
water main to the property at the City's sole expense. Any cost to extend the water main
beyond this point is not the subject of the agreements. A property owner who connects
to the water main must pay the City's water connection charge of $11 per lineal foot of
property frontage on Middle Road.
RROD Zoning
For the Merkes and Grady/Pothoff Farms and the Bowman property, at the time of
annexation, the City will place the properties in a new Rural Residential Overlay District
(RROD). (The City Council has a public hearing on September 15, 2008 to add this new
overlay district to the Zoning Ordinance.) In the RROD, the underlying zoning will
remain AG Agricultural, but the property owner may later elect to use some or all of the
property for single family residential use by platting that portion of the property as
subdivision lots in accordance with the City subdivision regulations. Until the property is
subdivided, the property remains zoned for agricultural uses. This process can be used
as often as the property owner chooses, but once elected for a portion of the property it
cannot be reversed for that portion of the property without City Council action.
Storm Water Utility Fee
For the Merkes and Grady/Pothoff Farms, the City will provide a 75% subsidy of the
storm water fee for these properties so long as they are classified by the City Assessor
as a Class B Farm.
West Side Voluntary Annexation
Page 5
Solid Waste Collection
The Merkes Farm is 390 acres. It is split into two family farms north and south of Middle
Road. Both farming operations include row crops and cattle. With annexation to
Dubuque, the farm operations present some challenges and opportunities for solid
waste collection and recycling. As a result, the City will provide refuse collection at the
monthly base rate to the residences with their farm operations located on the Merkes
Farm. The City will accept collection of all normal generation volumes of trash and non
recyclable materials in tipper carts. These materials would include farm operation paper
bags, composite paper/plastic feed/seed bags, and thick silage plastic bags/wraps tear-
offs. In consideration for City provision of solid waste collection under these terms, the
property owners executed a Hold Harmless and Indemnification Agreement with the
City because Public Works vehicles will access the Merkes Farm on gravel drives/lanes.
Curb Cuts
For the Merkes Farm and the Bowman property, the City will approve a curb cut to
Middle Road for lots specified in the agreements, in accordance with City standards.
Lot Split
For the Merkes Farm and the Bowman property, the City will approve a lot split for a
specific lot identified in the agreement, in accordance with City subdivision regulations.
Sidewalk Assessment
For the Bowman property, if the City for any reason requires the property owner to
install sidewalk along Middle Road, the City will pay all costs of installing such sidewalk.
The property owner will be assessed by the City for such costs but the assessment will
be deferred until the property owner disposes by sale or otherwise of the property on
which such residence is located, at which time such assessment (without interest)
becomes due.
City Services
Below is a discussion of City services to be provided to the west side annexation area.
Fire, Police and Emergency Services
The City of Dubuque's predicted response times for fire, police and emergency services
will be comparable to or better than the response times of the County and volunteer
services that currently are provided in the west side annexation area.
The City has a full-time Fire Department, which provides fire prevention, fire
suppression, hazardous materials, ambulance, paramedic and emergency first
responder services. The City recently completed a comprehensive municipal fire and
emergency service response and deployment study. The study evaluated alternatives
to optimize the response of fire and emergency service personnel throughout the City of
Dubuque. It included a detailed evaluation of the response times and optimization of
response times for the current and future corporate limits of the City of Dubuque. The
scope of the study included much of the area included in the 2006 Annexation Study.
West Side Voluntary Annexation
Page 6
The Fire Department will respond from fire station on John F. Kennedy Road.
Ambulance response will be from the University Avenue station until an ambulance is
added to the JFK station. The City is purchasing a site for a new fire station in the
Dubuque Industrial Center at Chavenelle Road and the Northwest Arterial. This new
station will serve the west side annexation area.
The City has afull-time Police Department. The Police Department will incorporate
future growth areas into its existing beat territories upon annexation. As the areas
develop, the Police Department will evaluate whether restructuring existing beat
territories or addition of a new beat territory will best serve the areas based on an
analysis of response times. The Police Department is adding officers to serve the
annexation areas analyzed in the 2006 Annexation Study.
Streets
In the county, subdivisions generally have private streets maintained by a property
owners association. The City does not provide snow and ice control services on private
streets. The City of Dubuque and Dubuque County have a mutual aid agreement to
control snow and ice on the public roads in the fringe areas adjoining the city limits, and
that agreement will be evaluated for public roads in the west side annexation area.
For a private street to become a public street maintained by the City, generally it has to
be brought up to the City's public street standards at the property owners' expense.
The City standards for a public street are higher than the standards for private streets,
and are designed to accommodate the City's large vehicles used for snow and ice
control, street maintenance, and collection of trash and recyclables.
The City of Dubuque has afive-year capital improvement program (CIP) that includes a
street program for improvements to public streets. Annually, the City evaluates public
streets, and based on pavement condition and traffic counts, the streets are scheduled
in the CIP for improvements. The City has two major types of street maintenance
programs to improve the condition of the public streets. The first, an asphalt overlay, is
funded by the City and does not involve street assessments. The second, street
reconstruction, does involve street assessments. Private streets would continue to be
maintained by the property owners as they are now in the County.
Three jurisdictions have responsibility for Middle Road: the City of Asbury, the City of
Dubuque and Dubuque County. The City of Dubuque's five-year capital improvement
budget does not include improvements to Middle Road in the annexation area. The City
of Dubuque in August 2008 completed an asphalt overlay of Middle Road from Radford
Road to Seippel Road, including the portions of the right-of-way in the City of Asbury.
Water
The City of Dubuque has reviewed the cost to extend water mains to provide fire
support and water service to the west side annexation area. Cost estimates vary with
each property because they are based on street frontage. The City of Dubuque does
not require connection to City water unless the property owner desires service. The
current connection charge for a water main is $11.00 per lineal foot of street frontage.
West Side Voluntary Annexation
Page 7
The property owner is also responsible for the cost and the installation of the private
service connector from the City main to the home or building. The projected average
residential water bill is $17.63 per month, or $211.56 per year.
Sanitary Sewer
The City of Dubuque has reviewed the cost to extend sanitary sewers to the west side
annexation area. Cost estimates and time frames vary with ,each property because each
area is unique. The projected average residential wastewater bill is $18.08 per month,
or $216.96 per year.
The City Code requires that the owner of any property within 200 feet of a public
sanitary sewer has to connect to the sewer within 365 days. This connection can be
delayed up to 15 years from the date that the septic system was installed, if the septic
system was properly designed and maintained.
If a property is required to connect to the City's sanitary sewer system, the City of
Dubuque will extend the service to the property and connect the private system to the
City sanitary sewer. The City will bear all initial costs associated with this connection
and will levy the cost as an assessment to the property owner. This cost varies by
property, but $12,000 to $15,000 is a typical cost. This cost typically includes the
following: 1) interceptor extension fee of $500 per acre; 2) sanitary sewer assessment,
which is the prorated share to construct the sewer; and 3) private lateral construction,
which is the cost to construct the sewer lateral from the house or building to the City
sewer. There is no additional connection charge for sanitary sewer, because there are
no existing City sanitary sewer lines in the west side annexation area.
According to the current sanitary sewer connection policy, a sewer connection may be
considered impracticable if: a) The property where the private disposal system is
located is zoned Agricultural or R-1 with one single family dwelling constructed prior to
September 2, 2003; b) The distance is greater than 500 feet between the dwelling
served by the private disposal system and the public sanitary sewer; and c) A private
sewage disposal system can be installed on the property in compliance with state
administrative code requirements if the private system fails or is non-compliant.
Storm Water
The storm water utility fee is $4.00 per month, or $48.00 per year, for the average
single-family home. The average single-family home in Dubuque has 2,917 square feet
of hard surface (impervious) area and is charged for one SFU. Single-Family Unit (SFU)
means the average impervious (non-absorbent) area of asingle-family residential
property located within the City of Dubuque. So, one SFU = 2,917 square feet of
impervious area.
Charges for large residential and nonresidential property are based on the square feet
of impervious property. Hard (impervious) surfaces are those that do not absorb water,
or retard the natural infiltration of rain such as roofs, driveways, walks and parking lots.
Gravel does not absorb rain like natural soils or grasses that naturally existed on a
property, so it is considered impervious.
West Side Voluntary Annexation
Page 8
For non-residential properties and farms, impervious area is directly measured and the
fee is based on the proportion of impervious area on the property to the impervious area
of the average single family home (2,917 square feet). For every 2,917 square feet of
impervious area, one billing unit (or SFU) is charged.
Refuse Collection
The refuse monthly base rate is $10.35 per single family dwelling, or $124.20 annually.
The maximum weight for the base fee container and contents is 40 pounds. The
maximum size of the base fee container is 35 gallons. The base monthly fee of $10.35
covers the cost of the weekly collection of one 35-gallon rigid container or one 35-gallon
trash bag and all recycling bins. Single and multi-family households and small
businesses voluntarily participate in separating recyclables from normal refuse.
Recycling bins are provided free.
Zoning
Generally, land that is annexed is zoned AG Agricultural upon annexation. Existing
farms, farms and subdivisions in the west annexation area will be agriculturally zoned
upon annexation. Property owners can also request a specific City zoning district that
fits their future development plans for their property concurrent with annexation. The
Merkes and Grady/Pothoff Farms and the Bowman property requested rezoning to the
Rural Residential Overlay District (RROD). The owner of parcel 3, Elaine Kelly, has
requested rezoning to CR Commercial Recreational District.
Additional City Services
Upon annexation, property owners in the west annexation area also will be able to
access other City services, including but not limited to: building services, leisure
services (park and recreation programs and facilities), public library, housing and
community development, economic development, human rights, and health services.
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution approving the
enclosed pre-annexation agreements and setting the public hearing on the west side
annexation requests for November 3, 2008.
Enclosures
cc: Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Dan Brown, Fire Chief
Kim Wadding, Police Chief
Don Vogt, Public Works Director
West Side Annexation Properties
List of Consenting and Non-consenting Property Owners
Consenting Property Owners
1. Aloysius P. and Theresa Margaret Merkes
2. Grady Family Trust and Betty J. Pothoff
3. Elaine M. Kelly
7. Kerry S. Bowman
9. Gary L. and Carol Jean Thompson
10. Joshua D. and April S. Hagerty
11. Estate of Merlin J. and Wilma Houselog (James P. Houselog, Executor)
12. Robert M. and Gertrude Houselog
13. Mack Patterson
14. Mary Maxine Harris
15. Verne R. and Linda M. Wilson
16. Michael T. and Tammy Lynn Merkes
17. Thomas R. and Sherry L. Steinback
18. Charles L. and Linda D. Westphal
19. John W. and Louise T. McAllister
20. Marie E. Gerhard
Non-Consenting Property Owners
4. Thomas D. and Karen K. Gerhard
5. Craig R. and Lisa A. Doerr
6. Richard A. and Judith Ann Henkel
8. Sandwedge Subdivision
Parcel 8A: Gary P. & Beth E. Brown
Parcel 8B: Christian R. and Kris A. Strohmeyer
Parcel 8C: Gregory J. & Nancy A. Adams
Parcel 8D: Gerald G. & Deborah L. Adams
Parcel 8E: Paul M. & Martha R. Schmidt
Parcel 8F: Thomas J. & Jacqueline L. Thiltgen
Parcel 8G: John E. & Kristine A. Richey
Parcel 8H: David M. & Linda K. Munn
Parcel 81: Gary L. & Barbara J. Weber
Parcel 8J: Trevor C. & Heather A. Pool
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address City Hall-50 W. 13th St Telephone: 589-4121
RESOLUTION NO. 326-08
APPROVING PRE-ANNEXATION AGREEMENTS BETWEEN THE CITY OF DUBUQUE,
IOWA AND OWNERS OF PROPERTY IN DUBUQUE, COUNTY, IOWA AND SETTING A
PUBLIC HEARING ON THE VOLUNTARY OF CERTAIN TERRITORY IN
DUBUQUE COUNTY, IOWA
Whereas, the owners of property in Dubuque County, Iowa have submitted written
applications for the voluntary annexation of approximately 621.35 acres by the City of
Dubuque, Iowa; and
Whereas, in order to avoid the creating of islands and/or to provide more uniform
boundaries, it is necessary and in the public interest and required by Iowa law that
approximately 22.22 acres of additional land whose owners have not consented to the
voluntary annexation of said land to be included as part of the annexation territory; and
Whereas, the annexation territory includes approximately 3.28 acres of public right-
of-way for adjoining private streets; and
Whereas, the annexation territory includes approximately 9.85 acres of Dubuque
County public right-of-way for Middle Road, an adjoining secondary road; and
Whereas, Iowa Code Section 368.5 allows the inclusion of county right-of-way for
adjoining secondary roads; and
Whereas, the annexation territory is not subject to an existing annexation
moratorium agreement; and
Whereas, the annexation territory does not include any state or railroad property;
and
Resolution No. _____-08
Page 2
Whereas, Iowa Code Section 368-7 (1) authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification and public hearing;
and
Whereas, this annexation 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 promite the efficient and cost effective extension of municipal services, and
Whereas, the City of Dubuque had the capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the pre-annexation agreements with the property owners
requesting voluntary annexation of approximately 621.35 acres of territory lying outside of
the corporate limits of the City of Dubuque, Iowa, as shown on Exhibits A and B and legally
described as shown in Exhibit C, are hereby approved and the City Manager be and it
hereby directed to sign said agreements on behalf of the City of Dubuque, Iowa.
Section 2. That a public hearing will be held on the 3rd day of November 2008 at
6:30 p.m. in the Historic Federal Building Council Chambers at which time interested
persons may appear and be heard for or against the proposed annexation of approximately
656.22 acres of territory lying outside of the corporate limits of the City of Dubuque, Iowa,
as shown on Exhibits A and B, and legally described as shown in Exhibit C, and the City
Clerk be and is hereby directed to cause the notice of the time and place of such hearing to
be published in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than ten (10) business days prior to the date of such
hearing. At the hearing, any interested person may appear and file comments for or
against the proposed annexation.
Passed, approved and adopted this 15th day of September, 2008.
Kevin J Lynch, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC
City Clerk
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THE CITY OF DUBUQUE
Masterpiece on the Mississippi
West Side Annexation Area
Property Owners
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
West Side Annexation Map 1
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
West Side Annexation Map 2
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Aloysius P. and Theresa Margaret Merkes
16071 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, Aloysius P. and Theresa Margaret Merkes, owners of approximately 387.11
acres of property along Middle Road in Dubuque County, Iowa, legally described as Alta
Jane Blades Place -Lot 2 of Section 25 T89N R1 E; NE'/ NW'/4 of Section 25 T89N
R1 E; Lot 1 NW'/4 SW'/ and Lot 2 NW'/4 SW'/4 of Section 25 T89N R1 E; SE'/4 NW'/4
of Section 25 T89N R1 E; NE'/4 SE'/ of Section 25 T89N R1 E; Middle Fork Addition -
Lot 4 of Section 23 T89N R1 E; Middle Fork Addition -Lot 5 of Section 23 T89N R1 E;
NW'/4 SE'/4 of Section 23 T89N R1 E; Lot 1-1 W'/Z NW'/, Lot 2-1 W'/ NW'/4, and Lot
2-1 W % NW'/ of Section 25 T89N R1 E; NE'/4 NE'/4 of Section 26 T89N R1 E; Middle
Fork Addition -Lot 3 of Section 23 T89N R1 E (Parcel IDs: 09.25.351.001,
09.25.100.002, 09.25.301.001, 09.25.100.003, 09.23.451.001, 09.23.476.001,
09.23.400.001, 09.25.100.001, 09.26.226.001, 09.23.451.002) and as shown on Exhibit
A, request annexation of this property to the City of Dubuque, Iowa and concurrent with
the enclosed application for rezoning of our property as AG Agricultural with a RROD
Rural Residential Overlay District.
Sincerely,
Aloy us P. Merkes
l~~
Theresa Margaret erkes
Dated this 1 day of August, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
ALOYSIUS P. AND THERESA MARGARET MERKES
This Agreement is made and entered into this day of 2008 by,
between and among the City of Dubuque,. Iowa (City) and certain owner of property
situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property Owners) of
the real property shown on the attached Exhibit A:
Aloysius P. and Theresa Margaret Merkes
LEGAL DESCRIPTIONS:
Alta Jane Blades Place -Lot 2 of Section 25 T89N R1 E; NE '/4 NW'/4 of Section
25 T89N R1 E; Lot 1 NW '/ SW '/ and Lot 2 NW '/ SW '/4 of Section 25 T89N
R1 E; SE '/4 NW '/4 of Section 25 T89N R1 E; NE '/4 SE '/ of Section 25 T89N
R1 E; Middle Fork Addition -Lot 4 of Section 23 T89N R1 E; Middle Fork Addition
- Lot 5 of Section 23 T89N R1 E; NW'/4 SE'/4 of Section 23 T89N R1 E; Lot 1-1 W
'/ NW '/4, Lot 2-1 W '/ NW '/, and Lot 2-1 W '/s NW '/a of Section 25 T89N R1 E;
NE '/ NE '/4 of Section 26 T89N R1 E; Middle Fork Addition -Lot 3 of Section 23
T89N R1 E
Parcel IDs: 09.25.351.001, 09.25.100.002, 09.25.301.001, 09.25.100.003,
09.23.451.001, 09.23.476.001, 09.23.400.001, 09.25.100.001, 09.26.226.001,
09.23.451.002 (the Property Owner's Property); and
WHEREAS, the Property Owners are interested in annexation to the City of
Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to the
City of Dubuque, City is willing to enter into this Agreement, but only upon the terms and
conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to final approval and execution by the Property
Owners by not later than August 28, 2008. In the event that the Property Owners do not
approve, execute, and deliver this Agreement to City's City Manager by such date, the
City in its sole discretion may determine whether or not to proceed with this Agreement.
If the City determines not to proceed, then this Agreement shall be null and void.
Page 1
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by such
date, it shall be null and void.
3. This Agreement is subject to a final order of 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. In the absence of a final order
of the City Development Board approving the voluntary annexation of the property
shown on Exhibit A, this Agreement shall be null and void.
4. By not later than August 28, 2008, the Property Owners shall file with the City
an application for the voluntary annexation of the Property Owners' Property. The
Property Owners agree not to withdraw the application or any part thereof after its filing
with the City Council. If the Property Owners fail to file an application by such date, this
Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary annexation,
the City shall promptly consider the application and if the application is approved by the
City Council, transmit the application to the City Development Board as provided by law.
6. City agrees that if the application is approved, the resolution approving the
application shall provide for the transition for the imposition of City taxes against the
Property Owners' Property. The Property Owners' Property shall be entitled to the
following partial exemption from taxation for City taxes for a period of ten years following
the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. City agrees that upon final approval of a final subdivision plat by the City
Council of the City of Dubuque for the Property Owners' Property south of Middle Road
as shown on Exhibit A and the commencement of construction of the public
improvements required by the resolution approving such plat, City shall not later than
twelve months after the commencement of such construction at City's sole expense
extend City's Sanitary Sewer Collector Line A as shown on Exhibit B. The Property
Owners shall be compensated for permanent and temporary construction easements
across the Property Owners' Property for construction and maintenance of City's
Sanitary Sewer Collector Line A. Said compensation shall be based on fair market value
of the easements as determined by an independent appraisal in accordance with Iowa
Page 2
law. Any cost to extend Collector Line A beyond the point shown on Exhibit B is not the
subject of this Agreement. Any property owner who connects to Collector Line A shall
prior to connection pay the intercept connection charge established by the City in the
amount of $500.00 per acre for each acre or portion of an acre connected at the time of
connection to the City sanitary sewer system.
8. City agrees that upon final approval of a final subdivision plat by the City
Council of the City of Dubuque for the Property Owners' Property north of Middle Road
as shown on Exhibit A and the commencement of construction of the public
improvements required by the resolution approving such plat, City shall not later. than
twelve months after the commencement of such construction at City's sole expense
extend City's Sanitary Sewer Collector Line B as shown on Exhibit B. The Property
Owners shall be compensated for permanent and temporary construction easements
across the Property Owners' Property for construction and maintenance of City's
Sanitary Sewer Collector Line B. Said compensation shall be based on fair market value
of the easements as determined by an independent appraisal in accordance with Iowa
law. Any cost to extend Collector Line B beyond the point shown on Exhibit B is not the
subject of this Agreement. Any property owner who connects to Collector Line B shall
prior to connection pay the intercept connection charge established by the City in the
amount of $500.00 per acre for each acre or portion of an acre connected at the time of
connection to the City sanitary sewer system.
9. City agrees that upon final approval of a final subdivision plat by the City
Council of the City of Dubuque' for the Property Owners' Property and the
commencement of construction of the public improvements required by the resolution
approving such plat, City shall not later than twelve months after the commencement of
such construction at City's sole expense extend City's Water Main A as shown on
Exhibit B. The Property Owners shall provide approximately one (1) acre, more or less,
for a pump station site commensurate with the construction- of Water Main A. The
Property Owners shall be compensated for said site based on fair market value of the
site as determined by an independent appraisal in accordance with Iowa law. Any cost
to extend Water Main A beyond the point shown on Exhibit B is not the subject of this
Agreement. Any property owner who connects to Water Main A shall pay prior to
connection the connection charge established by the City in the amount of $11 per
lineal foot of property frontage on Middle Road.
10. If, following annexation of the Property Owners' Property, City for any reason
requires the Property Owners to connect the Property Owner's existing residence
located on the Property Owners' Property as of the date of this Agreement to City's
sanitary sewer system, City shall pay all costs of connecting such residence to the
sanitary sewer system. The Property Owners shall be assessed by City for such costs
but the.assessment shall be deferred without interest until the Property Owners dispose
by sale or otherwise of the Property Owners' Property on which such residence is
located, at which time such assessment (without interest) shall become due. If at the
time the assessment becomes due the Property Owners elects to defer payment as
Page 3
provided by Iowa Code ch. 384, interest shall accrue as provided in ch. 384 from the
date the assessment became due.
11. At the time of annexation, the City of Dubuque Zoning Ordinance will be
amended to create a new Rural Residential Overlay District and the annexed
agricultural property will be placed in the Rural Residential Overlay District if the
Property Owners choose to do so. In the Rural Residential Overlay District areas, the
underlying zoning will remain AG Agricultural, but the Property Owners may later elect
to use some or all of the property for single family residential use by platting that portion
of the property as subdivision lots in accordance with the City of Dubuque Subdivision
Ordinance. Until the property is subdivided, the property remains zoned for agricultural
uses. This process can be used as often as the Property Owners choose, but once
elected for a portion of the property it cannot be reversed for that portion of the property
without City Council action.
12. City will provide refuse collection at the monthly base rate to the
residences with their farm operations located on the Property Owners' Property. City will
accept collection of all normal generation volumes of trash and non recyclable materials
in tipper carts. These materials would include farm operation paper bags, composite
paper/plastic feed/seed bags, and thick silage plastic bags/wraps tear-offs. In
consideration for City provision of solid waste collection under these terms, the Property
Owners shall execute a Hold Harmless and Indemnification Agreement with the City
included as Exhibit C.
13. City will provide a 75% subsidy of the storm water fee for the Property
Owners' Property so long as the Property is classified by the City of Dubuque City
Assessor as a Class B farm.
14. City agrees to review and approve a curb cut permit along Middle Road for
Middle Fork Addition -Lot 3 in Section 23 T89N R1 E (Parcel ID: 09.23.451.002), in
accordance with City standards.
15. City agrees to review and approve a plat of survey for Middle Fork Addition -
Lot 3 in Section 23 T89N R1 E (Parcel ID: 09.23.451.002), in accordance with City
Subdivision Regulations.
16. City agrees that streets approved in accordance with a final subdivision plat
approved by Dubuque County for which the commencement of construction of the street
improvements required by the resolution approving such plat is underway prior to
annexation, City shall accept dedication of all streets platted and constructed to City of
Asbury standards and specifications.
17. City agrees that streets approved in accordance with a final subdivision plat
approved by Dubuque County for which the commencement of construction of the street
improvements required by the resolution approving such plat has not begun prior to
Page 4
annexation, City shall accept dedication of all streets platted and constructed to City of
Dubuque standards and specifications.
18. This Agreement shall apply to and bind the successors in interest of the
parties.
19. The parties agree that all understandings and agreements, if any, previously
made between the parties hereto are merged in this Agreement, which alone fully and
completely expresses their understanding with respect to the subject of this Agreement.
This Agreement may not be changed or terminated orally, but only by an instrument in
writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
Aloysus P. Merkes
BY
Theresa Margar to Merkes
Page 5
Exhibit A
Exhibit B
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Public Works Department
925 Kerper Court
Dubuque, IA 52001-240.5
(563) 589-4250 office
(563) 589-4252 fax
(563) 589-4193 TDD
publicworks@cityofdubuque.org
EXHIBIT C
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
In consideration for the City of Dubuque Public Works Department providing solid
waste collection services to the undersigned's private property identified below, the
undersigned property owner hereby releases the City of Dubuque, Iowa and its officers,
agents and employees from any claim for damage or injury to the property which is the result
of such solid waste collection services, other than injuries or damages to the property which
arise out of the sole negligence or intentional acts of the City of Dubuque or its employees.
The undersigned further agrees to indemnify and hold harmless the City of Dubuque,
Iowa and its officers, agents and employees from and against any and all claims or causes of
action arising from City of Dubuque solid waste collection services and the presence of City
of Dubuque equipment and employees on the property identified below, except for claims or
causes of action arising out of the sole negligence or intentional acts of the City of Dubuque
or its employees.
The undersigned further agrees, upon receipt of notice from the City of Dubuque, to
defend at its own expense the City of Dubuque and its officers, agents and employees from
any action or proceeding regarding such claims or causes of action. A judgment obtained in
any such action or proceeding is conclusive evidence in any action by the City against the
undersigned when so notified as to the existence of such claim or cause of action against the
City, as to the liability of the City to the Plaintiff in the first named action, and as to the amount
of damage. The City of Dubuque may maintain an action against the undersigned to recover
the amount of such judgment, together with all expenses incurred by the City in the action.
This agreement may be terminated by the City of Dubuque at any time upon written
notice mailed to the undersigned at the address shown below. Unless terminated by the City,
this agreement shall remain in effect until the undersigned's written notice of cancellation is
received by the Public Works Department.
This agreement shall be binding upon the undersigned's successors and assigns.
Dated this $~°~~~'~`~ day of August, 2008.
By:
Alo ius P. ~Mje~rkeps, Property Owner
Theresa M. Merkes, Property Owner
16071 and 15876 Middle Road
Address
2
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, Janet Grady, Grady Family Trust and Betty J. Pothoff, owners of
approximately 158.23 acres of property along Middle Road in Dubuque County, Iowa,
legally described as Lot 1 SW'/ SW'/4 of Section 23 T89N R1 E; W'h SE'/4 SW'/4 of
Section 23 T89N R1 E; SE'/4 SE'/ Lot 1-1-1 of Section 22 T89N R1 E; NW'/ SW'/4 of
Section 23 T89N R1 E; NE'/4 SW'/4 of Section 23 T89N R1E (Parcel IDs:
09.23.353.001, 09.23.376.001, 09.22.476.001, 09.23.301.001, 09.23.326.001) and as
shown on Exhibit A, request annexation of this property to the City of Dubuque, Iowa
and concurrent with the enclosed application for rezoning of our property as AG
Agricultural with a RROD Rural Residential Overlay District.
Sincerely,
Janet Grady, Grady Family Trust
Betty J. o hoff
Dated this day of , 2008
Enclosure
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
JANET GRADY, GRADY FAMILY TRUST AND BETTY J. POTHOFF
This Agreement is made and entered into this day of , 2008 by,
between and among the City of Dubuque, Iowa (City) and certain owner of
property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Janet Grady, Grady Family Trust and Betty J. Pothoff
LEGAL DESCRIPTIONS:
Lot 1 SW '/4 SW '/4 of Section 23 T89N R1 E; W '/ SE '/4 SW '/4 of Section
23 T89N R1 E; SE '/ SE '/ Lot 1-1-1 of Section 22 T89N R1 E; NW'/ SW
'/4 of Section 23 T89N R1 E; NE'/4 SW'/4 of Section 23 T89N R1 E
Parcel IDs: 09.23.353.001, 09.23.376.001, 09.22.476.001, 09.23.301.001,
09.23.326.001 (the Property Owner's Property}; and
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than August 28, 2008. In the event that the Property
Owners do not approve, execute, and deliver this Agreement to City's City
Manager by such date, the City in its sole discretion may determine whether or
not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
Page 1
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
4. By not later than August 28, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for the Property Owners' Property and the
commencement of construction of the public improvements required by the
resolution approving such plat, City shall not later than twelve months after the
commencement of such construction at City's sole expense extend City's
Sanitary Sewer Collector Line C as shown on Exhibit B. The Properly Owners
shall be compensated for permanent and temporary construction easements
across the Properly Owners' Property for construction and maintenance of City's
Sanitary Sewer Collector Line C. Said compensation shall be based on fair
market value of the easements as determined by an independent appraisal in
accordance with Iowa law. Any cost to extend Collector Line C beyond the point
shown on Exhibit B is not the subject of this Agreement. Any property owner who
Page 2
connects to Collector Line C shall prior to connection pay the intercept
connection charge established by the City in the amount of $500.00 per acre for
each acre or portion of an acre connected at the time of connection to the City
sanitary sewer system.
8. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for the Property Owners' Property and the
commencement of construction of the public improvements required by the
resolution approving such plat, City shall not later than twelve months after the
commencement of such construction at City's sole expense extend City's Water
Main B as shown on Exhibit B. Any cost to extend Water Main B beyond the
point shown on Exhibit B is not the subject of this Agreement. Any property
owner who connects to Water Main B shall pay prior to connection the
connection charge established by the City in the amount of $11 per lineal foot of
property frontage on Middle Road.
9. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owner's existing
residence located on the Property, Owners' Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elects to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
10. At the time of annexation, the City of Dubuque Zoning Ordinance will
be amended to create a new Rural Residential Overlay District and the annexed
agricultural property will be placed in the Rural Residential Overlay District if the
Property Owners choose to do so. In the Rural Residential Overlay District areas,
the underlying zoning will remain AG Agricultural, but the Property Owners may
later elect to use some or all of the property for single family residential use by
platting that portion of the property as subdivision lots in accordance with the City
of Dubuque Subdivision Ordinance. Until the property is subdivided, the property
remains zoned for agricultural uses. This process can be used as often as the
Property Owners choose, but once elected for a portion of the property it cannot
be reversed for that portion of the property without City Council action.
11. City will provide a 75% subsidy of the stormwater fee for the Property
Owners' Property so long as the Property is classified by the City of Dubuque
City Assessor as a Class B farm.
Page 3
12. This Agreement shall apply to and bind the successors in interest of
the parties.
13. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
Exhibit A
Exhibit B
3
Elaine M. Kelly
13910 Whistlewind Lane
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
I, Elaine M. Kelly, owner of approximately 18.67 acres of property at 13910
Whistlewind Lane in Dubuque County, Iowa, legally described as Lot 1-2-1 W'/2 NE'/4
and Lot 1-2-1-1-1 W'/Z NE'/4 in Section 25 T89N R1E (Parcel IDs: 09.25.201.004 and
09.25.202.001) and as shown on Exhibit A, request annexation of this property to the
City of Dubuque, Iowa and concurrent with the enclosed application for rezoning of this
property as CR Commercial Recreational District.
Sincerely,
Elaine M: Kelly
Dated this ~ day of September, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
ELAINE M. KELLY
This Agreement is made and entered into this day of << .~
2008 by, between and among the City of Dubuque, Iowa (City) and ~CrTain owner
of property situated in Dubuque County, Iowa.
WHEREAS, the following is the owner (referred to as the Property
Owner) of the real property shown on the attached Exhibit A:
Elaine M. Kelly
LEGAL DESCRIPTION: Lot 1-2-1 W'/ NE'/ and Lot 1-2-1-1-1 W'/2 NE
'/ in Section 25 T89N R1 E
Parcel IDs: 09.25.201.004 and 09.25.202.001
(the Property Owner's Property); and
WHEREAS, the Property Owner is interested in annexation to the City of
Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owner to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owner by not later than September 9, 2008. In the event that the
Property Owner does not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
Page 1
voluntary annexation of the properly shown on Exhibit A, this Agreement shall be
null and void.
4. By not later than September 9, 2008, the Property Owner shall file with
the City an application for the voluntary annexation of the Property Owner's
Property. The. Property Owner agrees not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owner fails to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owner's application for ~ voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owner's Property. The Property Owner's Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third anal fourth year, sixty percent.
3. For the fifth and sixth year, foray-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owner's Property, City for any
reason requires the Property Owner to connect the Property Owner's existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owner shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owner disposes by sale or otherwise of the Property
Owner's Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Properly Owner elects to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
Page 2
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY/IJWNER
Elaine M. Kelly
Page 3
Exhibit A
7
Kerry S. Bowman
15615 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
I, Kerry S. Bowman, owner of 9.600 acres of property at 15615 Middle Road in
Dubuque County, Iowa, legally described as Lot 1 SE '/ SW '/ of Section 24 T89N R1 E
(Parcel ID: 09.24.376.003) and as shown on Exhibit A, request annexation of this
property to the City of Dubuque, Iowa and concurrent with the enclosed application for
rezoning of my property as AG Agricultural with a RROD Rural Residential Overlay
District.
Sincerely,
Kerry S. owman
Dated this 9th day of September, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
KERRY S. BOWMAN
This Agreement is made and entered into this day o.
2008 by, between and among the City of Dubuque, Iowa City) and certain owner
of property situated in Dubuque County, Iowa.
WHEREAS, the following is the owner (referred to as the Property
Owner) of the real property shown on the attached Exhibit A:
Kerry S. Bowman
LEGAL DESCRIPTION: Lot 1 SE'/4 SW'/4 of Section 24 T89N R1E
Parcel ID: 09.24.376.003 (the Property Owner's Property); and
WHEREAS, the Property Owner is interested in annexation to the City of
Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owner to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owner by not later than September 9, 2008. In the event that the
Property Owner does not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
Page 1
4. By not later than September 9, 2008, the Property Owner shall file with
the City an application for the voluntary annexation of the Properly Owner's
Property. The Property Owner agrees not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owner fails to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owner's application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owner's Property. The Property Owner's Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for the Property Owner's' Property and the
commencement of construction of the public improvements required by the
resolution approving such plat, City shall not later than twelve months after the
commencement of such construction at City's sole expense extend City's
Sanitary Sewer Collector Line B as shown on Exhibit B. Any cost to extend
Collector Line B beyond the point shown on Exhibit B is not the subject of this
Agreement. Any property owner who connects to Collector Line B shall prior to
connection pay the intercept connection charge established by the City in the
amount of $500.00 per acre for each acre or portion of an acre connected at the
time of connection to the City sanitary sewer system.
8. City agrees that upon final approval of a final subdivision plat by the
City Council of the City of Dubuque for the Property Owner's Property and the
commencement of construction of the public improvements required by the
resolution approving such plat, City shall not later than twelve months after the
commencement of such construction at City's sole expense extend City's Water
Main A as shown on Exhibit B. Any cost to extend Water Main A beyond the
point shown on Exhibit B is not the subject of this Agreement. Any property
Page 2
owner who connects to Water Main A shall pay prior to connection the
connection charge established by the City in the amount of $11 per lineal foot of
property frontage on Middle Road.
9. If, following annexation of the Property Owner's Property, City for any
reason requires the Property Owner to connect the Property Owner's existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owner shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owner disposes by sale or otherwise of the Property
Owner's Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owner elects to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
10. If, following annexation of the Property Owner's Property, City for any
reason requires the Property Owner to install sidewalk along the Property
Owner's street frontage, City shall pay all costs of installing such sidewalk. The
Property Owner shall be assessed by City for such. costs but the assessment
shall be deferred without interest until the Property Owner disposes by sale or
otherwise of the Property Owner's Property on which such residence is located,
at which time such assessment (without interest) shall become due. If at the time
the assessment becomes due the Property Owner elects to .defer payment as
provided by Iowa Code ch. 384, interest shall accrue as provided in ch. 384 from
the date the assessment became due.
11. At the time of annexation, the City of Dubuque Zoning Ordinance will
be amended to create a new Rural Residential Overlay District and the annexed
agricultural property will be placed in the Rural Residential Overlay District if the
Property Owner chooses to do so. In the Rural Residential Overlay District areas,
the underlying zoning will remain AG Agricultural, but the Property Owner may
later elect to use some or all of the property for single family residential use by
platting that portion of the property as subdivision lots in accordance with the City
of Dubuque Subdivision Ordinance. Until the property is subdivided, the property
remains zoned for agricultural uses. This process can be used as often as the
Property Owner chooses, but once elected for a portion of the property it cannot
be reversed for that portion of the property without City Council action.
12. City agrees to review and approve a second curb cut permit at the
location previously approved by Dubuque County Engineer approximately 640
feet east of the current driveway location for the Property .Owner's existing
residence along Middle Road, in accordance with City standards.
Page 3
13. This Agreement shall apply to and bind the successors in interest of
the parties.
14. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in, writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNER
By
Kerry
Page 4
Exhibit A
Gary L. and Carol Jean Thompson
15813 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, Gary L. and Carol Jean Thompson, owner of approximately 1 acre of
property at 15813 Middle Road in Dubuque County, Iowa, legally described as Lot 2-1-
1-1-1-1-1-1-1 SW'/ SW'/ in Section 24 T89N R1E (Parcel ID: 09.24.352.003) and as
shown on Exhibit A, request annexation of this property to the City of Dubuque, Iowa.
Sincerely,
By
Gary L. Thompson
By. Carol Jean Thompson
Dates this 9 day of Sept. 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
GARY L. AND CAROL JEAN THOMPSON
This Agreement is made and entered into this day of ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Gary L. and Carol Jean Thompson
LEGAL DESCRIPTION: Lot 2-1-1-1-1-1-1-1-1 SW '/ SW '/ in Section 24
T89N R1 E
Parcel ID: 09.24.352.003 (the Property Owners' Property); and
WHEREAS,. the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later. than September 9, 2008. In the event that the
Property Owners do not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
Page 1
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
4. By not later than September 9, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
Page 2
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or termiriated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
By ~..
Gary . Thompso
By a~
Carol Jean ompson
Page 3
Proposed Annexation
Exhibit A
to
Joshua D. and April S. Hagerty
15857 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We ,Joshua D. and April S. Hagerty, owner of approximately 1 acre of property at
15857 Middle Road in Dubuque County, Iowa, legally described as Lot 2-1-1-1-1-1 SW
'/ SW '/ in Section 24 T89N R1E (Parcel ID: 09.24.352.002) and as shown on Exhibit
A, request annexation of this property to the City of Dubuque, Iowa.
Sincerely,
By
Joshua D. Hagerty
By
April .Hagerty
Dated this 9 day of , 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
JOSHUA D. AND APRILS. HAGERTY
This Agreement is made and entered into this day of ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Joshua D. and April S. Hagerty
LEGAL DESCRIPTION: Lot 2-1-1-1-1-1 SW'/4 SW'/4 in Section 24 T89N
R1 E
Parcel ID: 09.24.352.002 (the Property Owners' Property); and
WHEREAS, the Property Owners are interested in annexation to the City
• of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than September 9, 2008. In the event that the
Property Owners do not approve, execute, and deliver this Agreement to City's'
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
Page 1
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
4. By not later than September 9, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Properly, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Properly Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Properly Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' .Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
Page 2
.9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
BY
shua D. Hagert
By .
April .Hagerty
Page 3
Exhibit A
Proposed Annexation
11
James P. Houselog
5193 Sun Valley Drive
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
I, James P. Houselog, Executor of Estate of Merlin J. and Wilma Houselog
consisting of approximately 1.68 acres of property at 15905 Middle Road in Dubuque
County, Iowa, legally described as Lot 2-1 SW'/4 SW'/4; Lot 2-1-1 SW'/4 SW'/; Lot 2-
1-1-1-1-1-1-1 SW'/4 SW'/ in Section ?4 T89N R1 E (Parcel ID: 09.24.351.003) and as
shown on Exhibit A, request annexation of this property to the City of Dubuque, Iowa
Sincerely,
lay
Japes P. Houselog
Executor of Estate of Merlin J. ~d Wilma Houselog
Dated this day of September, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
JAMES P. HOUSELOG, EXECUTOR OF ESTATE OF MERLIN J. AND WILMA
HOUSELOG
This Agreement is made and entered into this day of ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following is the owner (referred to as the Property
Owner) of the real property shown on the attached Exhibit A:
James P. Houselog, Executor of Estate of Merlin J. and Wilma Houselog
LEGAL DESCRIPTION: Lot 2-1 SW'/4 SW'/4; Lot 2-1-1 SW '/ SW'/4; Lot
2-1-1-1-1-1-1-1 SW '/ SW'/4 in Section 24 T89N R1E
Parcel ID: 09.24.351.003 (the Property Owners' Property); and
WHEREAS, the Property Owner is interested in annexation to the City of
Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owner to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owner by not later than September 9, 2008. In the event that the
Property Owner do not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
Page 1
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
4. By not later than September 9, 2008, the Property Owner shall file with
the City an application for the voluntary annexation of the Property Owner's
Property. The Property Owner agrees not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owner fails to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owner's application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owner's Property. The Property Owner's Property shall be
entitled to the following partial_ ~xen~. ion from taxation for Ci taxes for a period
of ten years following the final order°of-tl~e~~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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owner's Property, City for any
reason requires the Property Owner to connect the existing residence located on
the Property Owner's Property as of the date of this Agreement to City's sanitary
sewer system, City shall pay all costs of connecting such residence to the
sanita_ ry_sewer s~stem.~ The Prope~wne~~~`-r s-fialT~be assessed by City for such
costs but`tiie assessment shall be deferred without interest until the Property
Owner disposes by sale or otherwise of the~Property owners Property on which
such residence is located, at which time such assessment (without interest) shall
become due. If at the time the assessment becomes due the Property Owner
elect to defer payment as provided by Iowa Code ch. 384, interest shall accrue
as provided in ch. 384 from the date the assessment became due. After two (2)
years from the date of a final order of the City Development Board as set forth in
section 3, this section 7 shall be null and void.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
Page 2
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNER
By
James P. Houselog
Executor of Estate of Merlin J. and Wilma Houselog
Page 3
Exhibit A
Propsed Annexatoin
12
Robert M. and Gertrude Houselog
15921 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, Robert M. and Gertrude Houselog, owners of approximately 1.55 acres of
property at 15921 Middle Road in Dubuque County, Iowa, legally described as Lot 2 SW
'/ SW '/ Lot 1-2-1-1-1 SW'/4 SW'/4 Lot 1-2-1-1-1-1-1-1 SW'/4 SW'/4 in Section 24
T89N R1 E (Parcel ID: 09.24.351.002) and as shown on Exhibit A, request annexation of
this property to the City of Dubuque, Iowa.
Sincerely,
By X17
Ro ert M. Houselog
By
Gertrude Houselo
Dated this 9th day of September, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
ROBERT M. AND GERTRUDE HOUSELOG
This Agreement is made and entered into this day of ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Robert M. and Gertrude Houseloa
LEGAL DESCRIPTION: Lot 2 SW '/4 SW '/ Lot 1-2-1-1-1 SW '/4 SW '/4
Lot 1-2-1-1-1-1-1-1 SW'/4 SW '/ in Section 24 T89N R1E
Parcel ID: 09.24.351.002 (the Property Owners' Property); and
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than September 9, 2008. In the event that the
Property Owners do not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
Page 1
4. By not later than September 9, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
Page 2
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
By
BY . ,
Gertrude Houselog
Page 3
Exhibit A
Propsed Annexation
13
Mack Patterson
15957 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
RE: Application for ~/oluntary Annexation
Dear Mayor and City Council Members:
I, Mack Patterson, owner of approximately 1.76 acres of property at 15957
Middle Road in Dubuque County, Iowa, legally described as Lot 2-1-1-1-1 SW'/4 SW '/
Lot 2-2-1-1-1-1-1-1 SW %4 SW '/4 Lot 2-2-1-1-1 SW '/a SW '/a Section 24 T89N R1 E
- {Parcel ID 09.24.351.001) and as shown on Exhibit A, request
annexation of this property to the City of Dubuque, Iowa.
Sincerely,
By , ~ ~ _
Mack Patterson
Dated this ~, day of September, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
MACK PATTERSON
This Agreement is made and entered into this _ day of ,
2008 by, between and among the City of Dubuque, Iowa (City) ana certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Mack Patterson
LEGAL DESCRIPTION: Lot 2-1-1-1-1 SW'/4 SW '/4 Lot 2-2-1-1-1-1-1-1
SW'/ SW'/4 Lot 2-2-1-1-1 SW'/4 SW'/4 Section 24 T89N R1 E
Parcel ID: 09.24.351.001 (the Property Owners' Property); and
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than September 9, 2008. In the event that the
Property Owners do not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
Page 1
4. By not later than September 9, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property .Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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 Exhibif A:
1. For the first and second year, seventy-five percent.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
Page 2
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
By
Mark Patterson
Exhibit A
Proposed Annexation
14
Mary Maxine Harris
16039 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
I, Mary Maxine Harris, owner of 0.450 acre of property at 16039 Middle Road in
Dubuque County, Iowa, legally described as Lot 2 of SE'/ of SE 1/4 of Section 23
T89N R1 E (Parcel ID: 09.23.400.007) and as shown on Exhibit A, request annexation of
this property to the City of Dubuque, Iowa.
Sincerely,
Mary Maxine Harris
Dated this day of August, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
MARY MAXINE HARRIS
This Agreement is made and entered into this day of ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain owner
of property situated in Dubuque County, Iowa.
WHEREAS, the following is the owner (referred to as the Property
Owner) of the real property shown on the attached Exhibit A:
Marv Maxine Harris
LEGAL DESCRIPTION: Lot 2 of SE'/4 of SE 1/4 of Section 23 T89N R1E
Parcel ID: 09.23.400.007 (the Property Owner's Property); and
WHEREAS, the Property Owner is interested in annexation to the City of
Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owner to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owner by not later than August 28, 2008. In the event that the Property
Owner does not approve, execute, and deliver this Agreement to City's .City
Manager by such date, the City in its sole discretion may determine whether or
not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement. is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
Page 1
4. By not later than August 28, 2008, the Property Owner shall file with the
City an application for the voluntary annexation of the Property Owner's Property.
The Property Owner agrees not to withdraw the application or any part thereof
after its filing with the City Council. If the Property Owner fails to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owner's application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owner's Property. The Property Owner's Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owner's Property, City for any
reason requires the Property Owner to connect the Property Owner's existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owner shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owner disposes by sale or otherwise of the Property
Owner's Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owner elects to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
Page 2
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNER
By
Mary xine arris
Page 3
Exhibit A
15
Verne R. and Linda M. Wilson
14023 Dreamway Drive
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, Verne R. and Linda M. Wilson, owners of 1.200 acres of property at 14023
Dreamway Drive along Middle Road in Dubuque County, Iowa, legally described as
Middle Fork Addition -Lot 1 of Section 23 T89N R1 E (Parcel ID: 09.23.476.003) and as
shown on Exhibit A, request annexation of this property to the City of Dubuque, Iowa.
Sincerely,
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
VERNE R. AND LINDA M. WILSON
This Agreement is made and entered into this __ day of
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Verne R. and Linda M. Wilson
LEGAL DESCRIPTION: Middle Fork Addition -Lot 1 of Section 23 T89N
R1E
Parcel ID: 09.23.476.003 (the Property Owners' Property); and
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than September 9, 2008. In the event that the
Property Owners do not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to~proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
Page 1
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
4. By not later than September 9, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Property Owners' Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. City agrees that streets approved in accordance with a final subdivision
plat approved by Dubuque County for which the commencement of construction
of the street improvements required by the resolution approving such plat is
Page 2
underway prior to annexation, City shall accept dedication of all streets platted
and constructed to City of Asbury standards and specifications.
9. City agrees that streets approved in accordance with a final subdivision
plat approved by Dubuque County for which the commencement of construction
of the street improvements required by the resolution approving such plat has not
begun prior to annexation, City shall accept dedication of all streets platted and
constructed to City of Dubuque standards and specifications.
10. This Agreement shall apply to and bind the successors in interest of
the parties.
11. The parties agree that all understandings and agreements, if any,
previotasly made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
By
Verne R. Wilson
By
Linda M Wilson
Exhibit A
16
Michael T. and Tammy Lynn Merkes
14065 Dreamway Drive
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, Michael T. and Tammy Lynn Merkes, owners of 1.440 acres of property at
14065 Dreamway Drive along Middle Road in Dubuque County, Iowa, legally described
as Middle Fork Addition -Lot 2 of Section 23 T89N R1 E (Parcel ID: 09.23.476.002) and
as shown on Exhibit A, request annexation of this property to the City of Dubuque, Iowa.
Sincerely,
Tamm yn Merkes
Dated this 26th day of August, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
MICHAEL T. AND TAMMY LYNN MERKES
This Agreement is made and entered into this __ day of _ _ ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Michael T. and Tammy Lynn Merkes
LEGAL DESCRIPTION: Middle Fork Addition -Lot 2 of Section 23 T89N
R1E
Parcel ID: 09.23.476.002 (the Property Owners' Property); and
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than August 28, 2008. In the event that the Property
Owners do not approve, execute, and deliver this Agreement to City's City
Manager by such date, the City in its sole discretion may determine whether or
not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
Page 1
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
4. By not later than August 28, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Properly Owner's Properly as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
.assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer paymenf as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. City agrees that streets approved in accordance with a final subdivision
plat approved by Dubuque County for which the commencement of construction
of the street improvements required by the resolution approving such plat is
Page 2
underway prior to annexation, City shall accept dedication of all streets platted
and constructed to City of Asbury standards and specifications.
9. City agrees that streets approved in accordance with a final subdivision
plat approved by Dubuque County for which the commencement of construction
of the street improvements required by the resolution approving such plat has not
begun prior to annexation, City shall accept dedication of all streets platted and
constructed to City of Dubuque standards and specifications.
10. This Agreement shall apply to and bind the successors in interest of
the parties.
11. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
By
Michael T. M rke
By
ammy L nn erkes
Page 3
Exhibit A
17
Thomas R. and Sherry L. Steinback
16303 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, Thomas R. and Sherry L. Steinback, owners of approximately 1.98 acres of
property at 16303 Middle Road in Dubuque County, Iowa, legally described as
Westphal Place -Lot 2 in Section 23 T89N R1 E (Parcel ID: 09.23.400.009) and as
shown on Exhibit A, request annexation of this property to the City of Dubuque, Iowa.
By
Sherry L. ein ack
Dated this day of ' - , 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
THOMAS R. AND SHERRY L. STEINBACK
This Agreement is made and entered into this day of _ ,
2008 by, ,between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Thomas R. and Sherry L. Steinback
LEGAL DESCRIPTION: Westphal Place -Lot 2 in Section 23 T89N R1 E
Parcel ID: 09.23.400.009 (the Property Owners' Property); and
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than September 9, 2008. In the event that the
Property Owners do not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
Page 1
4. By not later than September 9, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application. shall provide for the transition for the imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
Page 2
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY
By
Sherry L. Sterinback
Page 3
Exhibit A
Proposed Annexation
18
Charles L. and Linda D. Westphal
16343 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, Charles L. and Linda D. Westphal, owners of approximately 1.97 acres of
property at 16343 Middle Road in Dubuque County, Iowa, legally described as
Westphal Place -Lot 1 in Section 23 T89N R1 E (Parcel ID: 09.23.400.008) and as
shown on Exhibit A, request annexation of this property to the City of Dubuque, Iowa.
Sincere) ,~
By 1
Charles L. Westphal
B
' a .Westphal
Dated this g day of ~ " , 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND_AMONG
THE CITY OF DUBUQUE, IOWA
AND
CHARLES L. AND LINDA D. WESTPHAL
This Agreement is made and entered into this day of ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
Charles L. and Linda D. Westphal
LEGAL DESCRIPTION: Westphal Place -Lot 1 in Section 23 T89N R1 E
Parcel ID: 09.23.400.008 (the Property Owners'. Property); and
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than September 9, 2008. In the event that the
Property Owners do not approve, execute, and deliver this Agreement to City's
City Manager by such. date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
Page 1
4. By not later than September 9, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City -taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
Page 2
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPER S
By
C ar es L. Westphal
B
da .Westphal
Page 3
Exhibit A
Proposed Annexation
]. 9
John W. and Louise T. McAllister
16373 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
We, John W. and Louise T. McAllister, owners of approximately 4.95 acres of
properly at 16373 Middle Road in Dubuque County, Iowa, legally described as Lot 2 SW
'/ SE'/4 Lot 2-1 SW '/ SE'/4 in Section 23 T89N R1E (Parcel ID: 09.23.400.004) and as
shown on Exhibit A, request annexation of this property to the City of Dubuque, Iowa.
Sincerely,
John W. McAllister
Louise T. McAllister
Dated this 5th day of September, 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
JOHN W. AND LOUISE T. MCALLISTER
This Agreement is made and entered into this day of ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following are the owners (referred to as the Property
Owners) of the real property shown on the attached Exhibit A:
John W. and Louise T. McAllister
LEGAL DESCRIPTION: Lot 2 SW'/ SE'/ Lot 2-1 SW '/ SE'/ in Section
23 T89N R1 E
Parcel ID: 09.23.400.004 (the Property Owners' Property); and
WHEREAS, the Property Owners are interested in annexation to the City
of Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owners to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owners by not later than September 9, 2008. In the event that the
Property Owners do not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
Page 1
4. By not later than September 9, 2008, the Property Owners shall file with
the City an application for the voluntary annexation of the Property Owners'
Property. The Property Owners agree not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owners fail to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owners' application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the. imposition of City taxes
against the Property Owners' Property. The Property Owners' Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owners' Property, City for any
reason requires the Property Owners to connect the Property Owners' existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City. shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owners shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owners dispose by sale or otherwise of the Property
Owners' Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owners elect to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. This Agreement shall apply to and bind the successors in interest of the
parties.
9. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
Page 2
subject of this Agreement. This Agrement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Manager
PROPERTY OWNERS
John W. McAllister
Louise T. McAllister
Exhibit A
Proposed Annexation
20
Marie E. Gerhard
16497 Middle Road
Dubuque IA 52002
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
RE: Application for Voluntary Annexation
Dear Mayor and City Council Members:
I, Marie E. Gerhard, owner of approximately 20 acres of property at 16497 Middle
Road in Dubuque County, Iowa, legally described as E % SE'/4 SW'/ in Section 23
T89N R1 E (Parcel ID: 09.23.376.002) and as shown on Exhibit A, request annexation of
this property to the City of Dubuque, Iowa.
Sincerely,
Marie E. Gerhard
Dated this 09 day of 09 2008
PRE-ANNEXATION AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA
AND
MARIE E. GERHARD
This Agreement is made and entered into this day of ,
2008 by, between and among the City of Dubuque, Iowa (City) and certain
owners of property situated in Dubuque County, Iowa.
WHEREAS, the following is the owner (referred to as the Property
Owner) of the real property shown on the attached Exhibit A:
Marie E. Gerhard
LEGAL DESCRIPTION: E'h SE'/4 SW'/4 in Section 23 T89N R1 E
Parcel ID: 09.23.376.002 (the Property Owner's Property); and
WHEREAS, the Property Owner is interested in annexation to the City of
Dubuque, Iowa; and
WHEREAS, as an incentive to the Property Owner to voluntarily annex to
the City of Dubuque, City is willing to enter into this Agreement, but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. This Agreement is subject to final approval and execution by the
Property Owner by not later than September 9, 2008. In the event that the
Property Owner does not approve, execute, and deliver this Agreement to City's
City Manager by such date, the City in its sole discretion may determine whether
or not to proceed with this Agreement. If the City determines not to proceed, then
this Agreement shall be null and void.
2. This Agreement is subject to final approval by the City of Dubuque City
Council by not later than December 1, 2008. If this Agreement is not approved by
such date, it shall be null and void.
3. This Agreement is subject to a final order of 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.
In the absence of a final order of the City Development Board approving the
voluntary annexation of the property shown on Exhibit A, this Agreement shall be
null and void.
Page 1
4. By not later than September 9, 2008, the Property Owner shall file with
the City an application for the voluntary annexation of the Property Owner's
Property. The Property Owner agrees not to withdraw the application or any part
thereof after its filing with the City Council. If the Property Owner fails to file an
application by such date, this Agreement shall be null and void.
5. Upon the filing of the Property Owner's application for voluntary
annexation, the City shall promptly consider the application and if the application
is approved by the City Council, transmit the application to the City Development
Board as provided by law.
6. City agrees that if the application is approved, the resolution approving
the application shall provide for the transition for the imposition of City taxes
against the Property Owner's Property. The Property Owner's Property shall be
entitled to the following partial exemption from taxation for City taxes for a period
of ten years following the final order of 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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty-five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
7. If, following annexation of the Property Owner's Property, City for any
reason requires the Property Owner to connect the Property Owner's existing
residence located on the Property Owner's Property as of the date of this
Agreement to City's sanitary sewer system, City shall pay all costs of connecting
such residence to the sanitary sewer system. The Property Owner shall be
assessed by City for such costs but the assessment shall be deferred without
interest until the Property Owner disposes by sale or otherwise of the Property
Owner's Property on which such residence is located, at which time such
assessment (without interest) shall become due. If at the time the assessment
becomes due the Property Owner elects to defer payment as provided by Iowa
Code ch. 384, interest shall accrue as provided in ch. 384 from the date the
assessment became due.
8. The City Manager is authorized to exempt the Property Owner from the
requirement of connection to the City sanitary sewer if the City Manager
determines that such connection would be impracticable or exact an undue
hardship because of the conditions pertaining to the property in question.
According to the current City policy, a sewer connection may be considered
impracticable if: a. The property where the private disposal system is located is
zoned Agricultural or R-1 with one single family dwelling constructed prior to
Page 2
September 2, 2003; b. The distance is greater than 500 feet between the
dwelling served by the private disposal system and the public sanitary sewer;
and c. A private sewage disposal system can be installed on the property in
compliance with I.A.C. Chapter 69 if the private system fails or is non-compliant.
9. This Agreement shall apply to and bind the successors in interest of the
parties.
10. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their understanding with respect to the
subject of this Agreement. This Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by the parties hereto.
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
PROPERTY OWNER
Marie G. Gerhard
Exhibit A
Propsed Annexation
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Exhibit A
N
THE CIYV OF
DuB E
Mnsterpiere ou the Mississippi
Vountaty
Non-consenting
West Side Annexation Area
® 1. AI & Theresa Merkes ®9. Gary 8 Carol Thompson
® 2. Grady Family TrustlBetty Pothoff ®10. Joshua & April Hagerty
® 3. Elaine Kelly ®11. Estate of Merlin & Wilma Houselog
4. Thomas & Keren Gerhard ®12. Robert 8 Gertrude Houselog
5. Craig & Lisa Doerc ®13. Mack Patterson
6. Richard & Judith Henkel ®14. Mary Maxine Harcis
® 7. Kerry Bowman ®15. Verne 8 Linda Wilson
i0 8. Sandwedge Subdivision ® 18. Mike & Tammy Lynn Merkes
0 8A. Gery & Beth Brown ®17. Tom & Sherry Stefnback ,
86: Christian 8 Kris Strohmeyer ®18. Chadas & Linda Westphal
~.'~'~''.®'..~''~~' 8C. Gregory & Nancy Adams ®19. John & Louise McAllister
8D. Gerald 8 Deborah Adams ®20. Marie Gerhard
SE. Paul 8 Martha Schmidt City Limits
BF. Thomas & Jacqueline Thiltgen ®Dubuque
8G. John & Kristine Richey OAsbury
BH. David & unda Munn ~ Middle Road Right of Way
el. Gary & Barbara weber ~,~, Dreamway & Sandwedge Right of Way
ti.l. Trevor & Heather Pool
Planning ServiceslMnexationllExhibit BWsst Side Annexation 09_11 OB
.~
~~P
The Meadows ~
,.
Fi ~ I E ~'
.. ~R ~ ~ -
C~~\~~ F ~ r3
_ _.y$~ ~,
~,
"i ~',.'LiSu
2: :.:;Yi ^iii
1
j ~ ~~_~~~
.:~:FC
Base Map Furnished by Dubuque County GI;
EXHIBIT C
West Side Annexation Properties
Legal Descriptions
Consenting Property Owners
1. Aloysius P. and Theresa Margaret Merkes
Alta Jane Blades Place -Lot 2 of Section 25 T89N R1 E; NE'/4 NW'/4 of Section 25
T89N R1 E; Lot 1 NW'/4 SW'/4 and Lot 2 NW'/4 SW'/4 of Section 25 T89N R1 E; SE'/4
NW'/4 of Section 25 T89N R1 E; NE'/4 SE'/4 of Section 25 T89N R1 E; Middle Fork
Addition -Lot 4 of Section 23 T89N R1 E; Middle Fork Addition -Lot 5 of Section 23
T89N R1 E; NW'/4 SE'/4 of Section 23 T89N R1 E; Lot 1-1 W'/2 NW'/4, Lot 2-1 W %2 NW
'/4, and Lot 2-1 W'/2 NW'/4 of Section 25 T89N R1 E; NE'/ NE'/4 of Section 26 T89N
R1 E; Middle Fork Addition -Lot 3 of Section 23 T89N R1 E (Parcel IDs: 09.25.351.001,
09.25.100.002, 09.25.301.001, 09.25.100.003, 09.23.451.001, 09.23.476.001,
09.23.400.001, 09.25.100.001, 09.26.226.001, 09.23.451.002)
2. Grady Family Trust and Betty J. Pothoff
Lot 1 SW'/4 SW'/4 of Section 23 T89N R1 E; W'/ SE'/ SW'/o of Section 23 T89N R1 E;
SE'/4 SE'/4 Lot 1-1-1 of Section 22 T89N R1E; NW'/4 SW'/4 of Section 23 T89N R1 E;
NE'/ SW'/4 of Section 23 T89N R1E (Parcel IDs: 09.23.353.001, 09.23.376.001,
09.22.476.001, 09.23.301.001, 09.23.326.001)
3. Elaine M. Kelly
Lot 1-2-1 W'/z NE'/4 and Lot 1-2-1-1-1 W %z NE'/4 in Section 25 T89N R1E (Parcel IDs:
09.25.201.004 and 09.25.202.001
7. Kerry S. Bowman
Lot 1 SE'/ SW'/4 of Section 24 T89N R1 E (Parcel ID: 09.24.376.003)
9. Gary L. and Carol Jean Thompson
Lot 2-1-1-1-1-1-1-1-1 SW '/ SW'/4 in Section 24 T89N R1 E (Parcel ID: 09.24.352.003)
10. Joshua D. and April S. Hagerty
Lot 2-1-1-1-1-1 SW'/ SW'/4 in Section 24 T89N R1 E (Parcel ID: 09.24.352.002)
11. Estate of Merlin J. and Wilma Houselog (James P. Houselog, Executor)
Lot 2-1 SW'/4 SW'/4; Lot 2-1-1 SW '/ SW'/; Lot 2-1-1-1-1-1-1-1 SW'/ SW'/4 in
Section 24 T89N R1E (Parcel ID: 09.24.351.003)
12. Robert M. and Gertrude Houselog
Lot 2 SW'/ SW '/ Lot 1-2-1-1-1 SW'/4 SW'/4 Lot 1-2-1-1-1-1-1-1 SW'/4 SW'/4 in
Section 24 T89N R1 E (Parcel ID: 09.24.351.002)
13. Mack Patterson
Lot 2-1-1-1-1 SW'/4 SW'/4 Lot 2-2-1-1-1-1-1-1 SW'/4 SW '/ Lot 2-2-1-1-1 SW'/ SW'/4
Section 24 T89N R1E (Parcel ID 09.24.351.001)
EXHIBIT C
West Side Annexation Properties
Legal Descriptions
14. Marv Maxine Harris
Lot 2 of SE'/4 of SE 1/4 of Section 23 T89N R1E (Parcel ID: 09.23.400.007)
15. Verne R. and Linda M. Wilson
Middle Fork Addition -Lot 1 of Section 23 T89N R1 E (Parcel ID: 09.23.476.003)
16. Michael T. and Tammy Lynn Merkes
Middle Fork Addition -Lot 2 of Section 23 T89N R1 E (Parcel ID: 09.23.476.002)
17. Thomas R. and Sherry L. Steinback
Westphal Place -Lot 2 in Section 23 T89N R1 E (Parcel ID: 09.23.400.009)
18. Charles L. and Linda D. Westphal
Westphal Place -Lot 1 in Section 23 T89N R1 E (Parcel ID: 09.23.400.008)
19. John W. and Louise T. McAllister
Lot 2 SW'/ SE'/ Lot 2-1 SW'/4 SE'/4 in Section 23 T89N R1 E (Parcel ID:
09.23.400.004)
20. Marie E. Gerhard
E % SE'/4 SW'/ in Section 23 T89N R1E (Parcel ID: 09.23.376.002)
2
EXHIBIT C
West Side Annexation Properties
Legal Descriptions
Non-Consenting Property Owners
4. Thomas D. and Karen K. Gerhard
Thomas Gerhard Place -Lot 2 and Thomas Gerhard Place -Lot 1 in Section 25 T89N
R1 E (Parcel IDs: 09.25.202.002 and 09.25.202.003)
5. Craig R. and Lisa A. Doerr
Lot 2 W'/ NE'/ in Section 25 T89N R1 E (Parcel ID: 09.25.201.002)
6. Richard A. and Judith Ann Henkel
Lot 2-2-1 W'/ NE'/ in Section 25 T89N R1 E (Parcel ID: 09.25.201.003)
Lot 2-1-1 W'/2 NE'/4 in Section 25 T89N R1 E (Parcel ID: 09.25.201.001)
8. Sandwedge Subdivision
Parcel 8A:
Gary P. & Beth E. Brown
Legal Description: Dan Adams Sub -Lot 1 in Section 24 T89N R1 E
Parcel I D: 09.24.352.004
Parcel 8B:
Christian R. and Kris A. Strohmeyer
Legal Description: Dan Adams Sub -Lot 2 in Section 24 T89N R1 E
Parcel I D: 09.24.353.002
Parcel 8C:
Gregory J. & Nancy A. Adams
Legal Description: Dan Adams Sub -Lot 5 in Section 24 T89N R1 E Parcel ID:
09.24.376.007
Parcel 8D:
Gerald G. & Deborah L. Adams
Legal Description: Dan Adams Sub -Lot 6 in Section 24 T89N R1 E Parcel ID:
09.24.376.008
Parcel 8E:
Paul M. & Martha R. Schmidt
Legal Description: Dan Adams Sub -Lot 7 in Section 24 T89N R1 E Parcel ID:
09.24.376.011
Parcel 8F:
Thomas J. & Jacqueline L. Thiltgen
Legal Description: Dan Adams Sub -Lot 8 in Section 24 T89N R1 E Parcel ID:
09.24.376.010
3
EXHIBIT C
West Side Annexation Properties
Legal Descriptions
Parcel 8G:
John E. & Kristine A. Richey
Legal Description: Dan Adams Sub -Lot 9 in Section 24 T89N R1 E Parcel ID:
09.24.376.009
Parcel 8H:
David M. & Linda K. Munn
Legal Description: Dan Adams Sub -Lot 10 in Section 24 T89N R1E Parcel ID:
09.24.354.001
Parcel 81:
Gary L. & Barbara J. Weber
Legal Description: Dan Adams Sub -Lot 3 in Section 24 T89N R1 E Parcel ID:
09.24.353.003
Parcel 8J:
Trevor C. & Heather A. Pool
Legal Description: Dan Adams Sub -Lot 4 in Section 24 T89N R1 E Parcel ID:
09.24.376.006
Rights-of-Way
Dubuque County right-of-way to the centerline of Middle Road adjoining the annexation
territory and lying outside a city.
Right-of-way of Sandwedge Drive adjoining the annexation territory and lying outside a
city.
Right-of-way of Sandwedge Court adjoining the annexation territory and lying outside a
city.
Right-of-way of Dreamway Drive adjoining the annexation territory and lying outside a
city.
F:\USERS\LCARSTEN\WP\Annex\2008 West Side Annexation\Parcel Information\EXHIBIT C West Side Annex Legal
Descriptions.doc
4
The sewer improvements identified for and allocated Area Q-1 include:
Trunk Sewer
23,000 Li=
The estimated cost for water main and sanitary sewer improvements on a total cost and
equivalent annual debt service cost are:
Improvement Total Cost
Water Main $ 995,000
Sanitary Sewer 2,491,000
Net Cost Annual Cost
$ 907,000 $ 84,454
1,494,600 139,168
A projection of the annual expenditures to service Area Q-1 includes cost for police, fire,
parks and operations. The expenditures include the cost for providing water and sewer
utility service and the equivalent annual cost for financing the water and sewer
improvements necessary to serve the area.
A summary of the expenditures to serve Area Q-1 at full development are:
Police $ 444,555
Fire 354,645
Parks 99,900
Public Works Operations 127 800
Water 253,206
Sanitary Sewer 302 130
Water Debt Service 84,454
Sewer Debt Service 139.168
Total Annual Expenditure (full development} $1,805,858
Comparison of the revenues and expenditures at full development in Area Q-1 are:
Total Annual Revenue $4,166,114
Total Annual Expenses 1,805,858
Annual Gain or Loss 2,360,265
Ratio of Revenue to Expenses 2.31
2008 Revenue and Expense Projection
A projection of the anticipated revenues generated from property taxes enterprise fund
revenue and road use tax for Area Q-1 updated to 2008 property tax rates and average
revenue from enterprise funds is as follows:
Q-1 - 5
Water
Land Use Property Tax Revenue Wastewater Storm Road Use Loss Total
Single Family $1,783,205 $285,606 $292,896 $64,800 $284,513 $185,625 $2,896,644
Multi-Family 855,938 190,404 195,264 43,200 136,56b 89,100 1,510,472
Commercial 0 0 0 0 0 0 0
Industrial 0 0 0 0 0 0 0
Total $2,639,143 $476,010 $48x,160 $108,000 $421,079 $274,725 $4,407,117
A projection of the annual expenditures to service Area Q-1 includes costs for police, fire,
parks and public works operations. The expenditures include the costs for providing water
and sewer utility service and the equivalent annual cost for financing water and sewer
improvements necessary to serve the area. The projection of expenses updated to 2008 is
based on the 200b estimate of expenditures updated by an inflationary cost factor.
Expenditures for operations were estimated to increase at 4°!o per year over the 2 year
period from 2006 to 2008.
The equivalent cost far capital improvements was based on updated estimates of cost for
construction. The debt service was calculated based an the updated estimate of cost.
A summary of the expenditures to Service Area Q-1 at fu(I development based on the
adjusted 2008 expenditures are:
Police $ 480,17 9
Fire 383,017
Parks 107,892
Public Works OAerations 138,024
Water 2 73,462
Sanitary Sewer 32b,300
Water Debt Service 91,210
Sewer Debt Service 150.301
Total Annual Expenditure (full development) $1,950,327
A comparison of the revenues and expenditures at full development in Area Q-1 based on
the update of expenditures to 2008 is:
Total Annual Revenue $4,407,117
Total Annual Expenses 1,950,327
Annual Gain or Loss 2,456,790
Ratio of Revenue to €xpenses 2.26
Q-1 _ 6
WEST SIDE 80/20 VOLUNTARY ANNEXATION TIMELINE
Process Step Date
1. Deadline for all applications & agreements to be filed with City 09/09/08
2. Supplemental agenda packets delivered to City Council 09/11/08
3. Verify legal descriptions & ownership with County Auditor (response due within 14 days) IAC 263-
7.2(2) d. 09/12/08
4. City Council sets the annexation request for public hearing on 11/03/08 at regular meeting 09/15/08
5. Written Notice sent to County Board and Township Trustees Ch. 368.7 1.b. 09/16/08
6. Consultation held with County Board and Township Trustees (at least 14 business days prior to
mailing notices) Ch. 368.71.b. 09/22/08
7. County Board and Township Trustees may make written recommendations for modification to the
proposed annexation (no later than 7 business days after consultation) Ch. 368.7 1.b. 10/01/08
8. Notices mailed by certified mail (at least 14 business days prior to hearing) to non-consenting
property owners and public utilities Ch. 368.71. c. 10/10/08
9. Notices mailed by regular mail (at least 14 business days prior to hearing) to County Board, public
utilities, non-consenting property owners and owners of property that adjoins the annexation
territory (unless in another city) Ch. 368.71. d. 10/10/08
10. Notices are mailed by regular mail to Attorney General if application includes state territory and to
County Attorney if application includes county road ROW Ch. 368.5 10/10/08
11. Notices mailed by certified mail (at least 14 business days prior to hearing) to cities within 2 miles
of the annexation territory, County Board, public utilities, regional planning agency Ch. 368.7 1. f.3. 10/10/08
WEST SIDE 80/20 VOLUNTARY ANNEXATION TIMELINE
Process Step Date
12. Draft Annexation Plan to City Manager and Attorneys for review and comment within 7 days 10/14/08
13. Final Annexation Plan to City Manager for inclusion in City Council packets 10/28/08
14. Notice published in local newspaper 368.7 1.d (at least 10 business days prior to hearing) Ch. 368.
7 1.f.3. 10/19/08
15. County Board files resolution whether or not it supports the application or whether it takes no
position (within 30 days of consultation) Ch. 368.7 1.b.(optional) 10/22/08
16. City Council holds public hearing on 80/20 voluntary annexation request 11/03/08
17. City Council files annexation request with the City Development Board in Des Moines 11/07/08
18. City Development Board staff review of filing completed and notice of receipt and request for
additional information, if needed, is submitted to the City within 2 weeks of receipt date 11/14/08
19. City Development Board meeting (first meeting 30 days following receipt of request) -- accepted
and public hearing date set 12/10/08
20. City Development Board public hearing in Dubuque TBD
21. City Development Board decision meeting (optional) TBD
22. CDB staff submits final documents and submits to the parties TBD
23. CDB staff files final documents with County Recorder (after expiration of 30-day appeal period) TBD