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Kennedy Road Right-of-Way Acquisition (Brimeyer) Copyright 2014 City of Dubuque Consent Items # 22. ITEM TITLE: Kennedy Road Right-of-Way Acquisition (Brimeyer) SUMMARY: City Manager recommending approval of a resolution approving the agreement with Mrs. Brimeyer, accepting the Easement, and approving the Pre-Annexation Agreement. RESOLUTION Approving an Agreement by and Between the city of Dubuque, Iowa and Marlene L. Brimeyer Providing for the Annexation of Right-Of-Way Along Kennedy Road and the Intersection of Derby Grange Road, a Grant of Easement for Public Utilities for the Right-Of- Way Along Kennedy Road and the Intersection of Derby Grange Road, a Pre-Annexation Agreement for the Remainder of the Brimeyer Property; and Accepting the Grant of Easement and Approving the Pre-Annexation SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Brimeyer Easement-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Agreement Supporting Documentation Grant of Easement Supporting Documentation Pre-Annexation Agreement Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Brimeyer Easement DATE: February 2, 2017 On January 24, 2017, the City entered into an Agreement with Mrs. Marlene Brimeyer outlining the conditions and responsibilities of both Mrs. Brimeyer and the City of Dubuque which result in the following items: 1. Acquisition of an easement for right-of-way along Kennedy Road and intersection of Derby Grange Road for installation of utilities; 2. Annexation of the right-of-way along Kennedy Road and the intersection of Derby Grange Road; 3. Pre-Annexation Agreement for the remainder of the Brimeyer property; and 4. Creation of an urban renewal area to include the right-of-way along Kennedy Road and the intersection of Derby Grange Road. This is being done to facilitate the Rustic Point development at the intersection of Derby Grange and John F. Kennedy Road. City Attorney Crenna Brumwell recommends City Council approval of a resolution approving the agreement with Mrs. Brimeyer, accepting the Easement, and approving the Pre-Annexation Agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CU�_�abE DMEMORANDUM Masterpiece on the Mississippi CRENNA M . BRUMWELL , Q. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: February 1, 2017 RE: Brimeyer Easement On January 24, 2017, the City entered into an Agreement with Mrs. Marlene Brimeyer outlining the conditions and responsibilities of both Mrs. Brimeyer and the City of Dubuque which result in the following items: 1) Acquisition of an easement for right-of-way along Kennedy Road and the intersection of Derby Grange Road for installation of utilities 2) Annexation of the right-of-way along Kennedy Road and the intersection of Derby Grange Road 3) Pre-annexation agreement for the remainder of the Brimeyer property 4) Creation of an urban renewal area to include the right-of-way along Kennedy Road and the intersection of Derby Grange Road. Attached is a resolution approving the agreement with Mrs. Brimeyer, accepting the Easement, and approving the Pre-Annexation Agreement. I recommend that the resolution be submitted to the City Council for consideration and approval. Attachment cc: Gus Psihoyos, City Engineer Laura Carstens, Planning Services Manager Denise Ihrig, Water Department Manager Kyle Kritz, Associate Planner Nate Kieffer, City Surveyor Brant Schueller, Water Distribution Supervisor OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /FAx (563)583-1040/EMAIL cbrumwel@cityofdubuque.org RESOLUTION NO. 38-17 APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MARLENE L. BRIMEYER PROVIDING FOR THE ANNEXATION OF RIGHT-OF- WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A GRANT OF EASEMENT FOR PUBLIC UTILITIES FOR THE RIGHT-OF-WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A PRE -ANNEXATION AGREEMENT FOR THE REMAINDER OF THE BRIMEYER PROPERTY; AND ACCEPTING THE GRANT OF EASEMENT AND APPROVING THE PRE -ANNEXATION AGREEMENT Whereas, the City of Dubuque has been working to encourage development within city limits and the two-mile fringe area boundary; and Whereas, an unnamed developer has contacted the City about constructing a city development at the corner of Kennedy Road and Derby Grange Road; and Whereas, to facilitate this development the City must extend utilities into the area and have adjacency in compliance with state law for annexation; and Whereas, the City negotiated an agreement with Mrs. Marlene L. Brimeyer (Brimeyer), which is attached, to address adjacency, utilities, and other matters of concern to the parties; and Whereas, Brimeyer has granted to the City an easement for public utilities within theright-of-way abutting her property; and Whereas, Brimeyer has signed a Pre -annexation Agreement for the remainder of her property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Agreement with Brimeyer attached hereto is hereby accepted and approved. 2. The Grant of Easement for Public Utilities attached hereto is accepted. 3. The Pre -Annexation Agreement attached hereto is hereby accepted and approved. 4. The City Clerk's Office is authorized and directed to record this resolution and the Agreement, Grant of Easement for Public Utilities, and Pre -Annexation Agreement with the Dubuque County Recorder. Passed, approved and adopted this 6th day of February; 2017. Roy D. Buol, May Attest: Trish L. Gleason, Assistant City Clerk iiiaiii111111iii11111111111111111111loll 11E11 IlIIIIIi Doc ID' 008591940034 Type GEN Kind AGREEMENT Recorded: 02/09/2017 at 12:21:48 PM Fee Amt: $172.00 Page 1 of 34 Dubuque County Iowa John Murphy Recorrd�e(r� i % 1 Fi1e201%00001 / 12 Prepared by: Crenna Brumwell, 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 Return to: Kevin Firnstahl, 50 W. 13th St. Dubuque IA 52001 563-589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARLENE L. BRIMEYER y This Agreement, dated for reference purposes the (� day ofdYlt(T 2017, is made and entered by, between and among the City of Dubuque, Iowaity) and Marlene L. Brimeyer, widowed and not remarried (Developer). WHEREAS, Developer is the owner of the real property legally described as follows (the Property): and A part of Lot 2 of the Subdivision of Lot 1, SE 1/4 of the SW 1/4, Sec. 9, T89N, R2E of the 5th P.M. A part of Lot 1 of the Subdivision of Lot 1 of the SE '/ of the SW 1/4, Sec. 9, T89N, R2E of the 5th P.M. A part of Lot 1 of Lot 1 of Mineral Lot 459; And shown in Exhibit 1; WHEREAS, Developer intends to request City to annex the Property; and WHEREAS, as an incentive to Developer to voluntarily apply to City to annex the Property, 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: 11 C. .. C .uJL 1. This Agreement is subject to the approval of the Secretary of State, after the exhaustion of all appeals from the action of the Secretary of State or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the Secretary of State approves such annexation as to Tess than all the Property, this Agreement shall be null and void with respect to any of the Property not included by the Secretary of State. 2. Upon the filing of Developer's application for voluntary annexation, City shall promptly consider the application and if the application is approved by the City Council, transmit the application to the Secretary of State, Dubuque County Board of Supervisors, each affected public utility, and the Iowa Department of Transportation as provided by law. Developers agree not to withdraw the application or any part thereof after its filing with City. 3. City agrees: a. To remediate drainage issues in the area shown in Exhibit 2 through the installation of curb and gutter on the west side of Kennedy Road (Brimeyer side) from the Grandview United Methodist Church property to Barony Drive in conjunction with the City utility project in the Kennedy Road corridor. Where the curb and gutter ends, at Barony Drive, the water will be drained/piped to prevent the relocation of drainage issues. Additional drains will be installed along Kennedy Road as necessary between the end of the curb and gutter at Barony Drive and the end of the drain connected to the current drainage way. At the discretion of the City Engineer, in consultation with Developer, there may be a need for additional measures to remedy drainage issues within the easement area as shown on Exhibit 3; this may include, but is not limited to, installation of storm sewer piping or tiling and any necessary and associated surface restoration. b. The City utility project must save and re -use topsoil from within the Easement area as shown on Exhibit 3 and cannot use topsoil or fill from the Brimeyer property outside of the Easement area shown in Exhibit 3. c. The City utility project must not go beyond the borders of the Easement area as shown on Exhibit 3 during construction and installation so as to not impact the farm rental of the adjoining property remaining in the county. d. Any necessary surface restoration related to the City utility project and remediation of drainage issues as shown on Exhibit 2 will be re -seeded with a mixture of grass and clover for the farm land and lawn grass for the residential lawn area. e. Driveway. 2 i. To refrain from disturbing Developer's driveway as shown on Exhibit 4 due to City activities allowed by Developer via the Easement attached as Exhibit 3, City will complete easement activities via directional boring or other similar methods. ii. . No heavy equipment (over 5 tons) will be used on Developer's driveway as party of City utility project. f. To repair or replace any drain tile or culverts between the driveways which are disturbed or damaged as part of the City utility project. g. To locate a fire hydrant within 35 feet of the south side of Developer's driveway. h. To refrain from requiring Developer to connect to City utilities for a period of twenty (20) years so long as the property remains in agricultural use, unless Developer chooses to do so. Upon a change in use, as determined by the City of Dubuque, a connection to City utilities may be required. i. To defend, indemnify, and hold harmless Developer and Developer's heirs, successors, and assigns from and against any and all claims, causes of action, liabilities, damages and costs arising out of or resulting from the construction and maintenance of the City utility project located with the easement area shown in Exhibit 3. To compensate Developer for the easement as outlined in Exhibit 3. 4. Developer agrees: a. To provide a public utility easement along Kennedy Road, attached as Exhibit 3. b. To sign a pre -annexation agreement for the remainder of Developer's property legally described as: All that part of Lot 1 of the SW 1/4 of the SW '/ Sec. 9, T89N, R2E of the 5th P.M. not annexed at this time AH that part of Lot 2 of the SW '/ of the SW '/ Sec. 9, T89N, R2E of the 5th P.M. not annexed at this time All that part of Lot 2 of the Subdivision of Lot 1, SE'/ of the SW 1/4, Sec. 9, T89N, R2E of the 5th P.M. not annexed at this time All that part of Lot 1 of the Subdivision of Lot 1 of the SE'/ of the SW I , Sec. 9, T89N, R2E of the 5th P.M. not annexed at this time 3 All that part of Lot 1 of Lot 1 of Mineral Lot 459 not annexed at this time c. To work with City at a future date to locate an easement in the general area shown on Exhibit 5 for further public utility installations. d. To consent to the inclusion of the portion of the Developer's property being annexed into the City of Dubuque in an urban renewal area by signing Exhibit 6. 5. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 6. 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 modified except by a written amendment executed by both parties. 7. Upon execution of this Agreement, City shall promptly record this Agreement with the Dubuque County Recorder. CITY OF D BUQUE, IOWA By: ki Roy D. Bu , Mayor Attest: By: Kevin S FirnstahL City ('.IPrk Trish L. Gleason, Assistant City Clerk STATE OF IOWA ss: DUBUQUE COUNTY On this day of _ bl 116)1 2017, before me, the undersigned, a Notary Public in and*fpr said County and Sta , personally appeared ROY D. BUOL and KEVIN S. FIRNSTAHL, toe_��p�errsonally known, who being by me duly sworn, did say that they are the Mayor and'Clfy 6terk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its City Council, as co twined in Resolution No. 3Qa- ►") passed by the City Council on the day of ii OW, 2017, and that ROY ** TRISH L. GLEASON J 4 D. BUOL and KEVIN S. FIRNSTAHL acknowledged the execution of the foregoing instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. PAMELA .7. McCAR11r,» Commission Nu ber 77?_419 My Comm. Exp. - J= OJT\ fln fY\CCOUL,)/13K) Notary Public in and f6.r id State 5 MARLENE L. BRIMEYER By: %Yj�--/Le.. Marlene L. Brimeyer STATE OF IOWA DUBUQUE COUNTY On this day of( J f) , 2017, before me, the undersigned, a Notary Public in and for said State, persor�appeared Marlene L. Brimeyer, to me personally known, acknowledged the execution of said instrument to be her voluntary act and deed and by her voluntarily executed. ss. ...�/bM�.�. I: il:�l ii ilii �.iaJn�., .i.l I, Qd* �, CRgKKA E�RUiiiiii !Anka . s Comlidesio» Kumbg 7 ► ary ' ublic in and for said State. owt- Illy Comm exp ! 1 t - MAT IR /•.1,11 4.00, 5S OLZ17-68S•699:1-Id 1,O� ZS Vrenbnqnp wet Isom 05 JegaN ateN ;Aa paledeAd lepapai io pettleSOZ4 co LEGAL DESCRIPTION A part of Lot 2 the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Sectio8' Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; more particularly described as foliows: Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 731.49 feet to the point of beginning; Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55 feeto the Northeast corner of said Lot 2; Thence Southeasterly along the East line of said Lot 2, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which bears South 06 Degrees 13 Minutes O7Seconds East, anarc length of1Q1.G3feet; Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of 258.07 feet to the Southeast corner of said Lot 2; . Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said Lot 2 a distance of 33.52 feeto a point on the West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way line a distance of 279.21 feet; Thence Northwesterly along said Wesright of way Une, being a circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees 57 Minutes 57 Seconds West, onarc length uf34.4Gfeet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to a point on the South right of way line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 SSeconds West a distance of 52.00 feet to the pont of beginning, containing 27,435 square feet, more or less, and is subject to easements, reservations, restrictioris and rights of way of record and not of record. Reserved for Recorder I Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 •sworcoscassGsk 730 n07E1 11433SURVEY IS LCCATED 90450 SW1/4 SECTION a THE NW 1/4 900909 1330399 REF (DuSUCSIE TOWNS/SP). OF THE SIN 14M 0951/4199 COUNTY, IOWA EiaTi2+- 24 .(199.149 P21.41/1... Immo sasrmas4(52 IPSGSVG WOKS, SAGGI. PART OF LOT 1 OF THE SUBDIVISION OF LOT 1 OF THE SE OF THE SW L SEC. 9, MN, R2E 05 796 5TH P.M. 29,337 SO. FT. (0.67 ACRES) • FOUND IRON ROD/PIPE AS SHOWN O SET 5/8" REBAR WITH YELLOW PLASTIC CAP #18128 R.O.W. RIGHT OF WAY (100.00) RECORDED DIMENSION S LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE (EXIST(NG) 420 5430033 020550300371 COOMISSG SSG,. GGSP SEIGIVGANGSESGISSGS o FOUND MAG NAIL/MASONRY NAIL Zart.t..1411.416 Targ SGSGSGAGGS NORTH 0 100' 200' 11= 100' FEET NeFaa 1. ALL MEASURELIENTS ARE IN FEET AND DECIMALS THEREOF, 2. PROPRIETOR OF 48090 DESCISSEO SOT; MARLENE L. 012130209 1. SURVEY REQUESTED En't are OF CUBUSIla ED W.1STH ST, DIJEKEla IOWA 4. TOTAL AREA OFFS/22\1E2ER SURVEYED IS 34,683 SQUARE PEET a MS RAT ISSUBJECTTO ALL EASMIENTS OF RECORD AND NOSOF RECORD. a 0915 05 SURVEY: 07.01.2016 PART OF LOT I OF LOT I OF MINERAL LOT 459 5,344 SQ. FT. (0.12 ACRES) Dubuque CITY OF DUBUQUE 'MANI "ENGINEERING DEPARTMENT piny HALL SG WEST 13m ATREET 050050150 Lk SGOGI-GSGO 540740 (550) 04.4270 743)4050)000.52504050)000.5250. Goo* MG LGGIDGIS, MG 4.005 *00005SfrOcc Ware VVIZLOY4STSIG' .1G"ThrtgGS9SMV OGG, NOGG, SUGGS& AGOSSIGS SSW M.o.. GoGGGesseGGsa.s.GOGGGssms, AG SSG P.a.mr...... GIS I.. i SVGS.. 1 4 2 . I I It! 2007 NOM AGG 0052045ost050wa200440031705200dgeGGS52 704200GG52250025*0074440GassGL00 GSSYGGSGSSIGGSIta GO eq. SWIG [AGSM.. "Cd4 11./ 07-11- 7016. GIGSGSIGst saGOG IGSGSS MS ass roGGGINio NorGarSIGGS sups or*Ganos.......S Annexation Area - PART OF LOT 1 OF LOT 1 OF SUB. OF SE 1/4 OF SW 1/4, SEC. 9, & PART OF LOT 1 OF LOT 1 OF MIN. LOT 459, SEC. 16, T89N, R2E OF 5T11 P.M. OWNER MARLENE L EiRtAlEYER 10 KV= GGSMAGGS GAGEOGAns 7504233 S. 1 LEGAL DESCRIPTION A part of Lot 1 of the Subdivision of Lot 1 of the Southeast % of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows: Beginning at the Northeast corner of Lot 1 of the Subdivision of Lot 1 of the Southeast'/ of the Southwest '/ of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence South 11 Degrees 58 Minutes 32 Seconds East along the East line of said Lot 1 a distance of 500.82 feet; Thence Southeasterly along a circular curve concave to the East, having a radius of 955.37 feet, a chord of 387.07 feet which bears South 23 Degrees 33 Minutes 34 Seconds East, an arc length of 389.77 feet to the Southeast corner of said Lot 1; Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a distance of 39.63 feet to a point on the Westerly right of way line of Kennedy Road; Thence Northwesterly along said Westerly right of way line being a circular curve concave to the East, having a radius of 988.37 feet, a chord of 378.50 feet which bears North 22 Degrees 54 Minutes 51 Seconds West, an arc length of 380.85 feet; Thence North 11 Degrees 58 Minutes 32 Seconds West along said Westerly right of way line a distance of 506.68 feet to a point on the North line of said Lot 1; Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a distance of 33.52 feet to the point of beginning, containing 29,837 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record, and; A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows: Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence Southeasterly along the Easterly line of said Lot 1 of Lot 1, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 145.47 feet which bears South 39 Degrees 36 Minutes 48 Seconds East, an arc length of 145.61 feet; Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly line a distance of 33.40 feet to a point on the Westerly right of way line of Kennedy Road; Thence Northwesterly along said Westerly right of way line, being a circular curve concave to the East, having a radius of 988.37 feet, a chord of 177.98 feet which bears North 39 Degrees 07 Minutes 07 Seconds West, an arc length of 178.22 feet to a point on the North line of said Lot 1 of Lot 1, Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line a distance of 39.63 feet to the point of beginning, containing 5,344 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. 2 of 2 11 : : z 7 : � 4 �� < » } � ' � � 7 ; - / � ° « /\ �y ^ \ A/ : � � �\*�� �� ` & �7 / ► 2 °�� � � ° � � } _ � <�\ a �\ . , � � ` z �\ % � ~ . /) - - � �/\ �^~ �^ ^ � ^ ` . \ \ /) \ , � � % . ` , - � � !h - � � �7 Z \ «ƒ 2 . . . - . . � m « %� � « � ,, � � � �2 a w. .� - . , , , \ � ^�� � � \� � \ � « \ © « m\\/\ ! = 2 » ^ . �� s ,�;��\ . . \ ) * . * �_ � a � \ /\ y , y / �� ::�. ! ! ! HIP . , -gig \ \ � k ` 2+ - \ � / 2 . § E! � 97 . goo E2 A6 P , a ep W Z+U) N 3 ti s 0 N $ 11 ` L U C_ Z � � $ WM i d' OQW OO� Q WIZ } QK(d0 llm�m) EOM" 3 Al Prepared bv: Crenna Brumwell. City Attorney's Office 300 Main St. Suite 330. Dubuaue. Iowa 52001 (563) 589-4381 Return to: Crenna Brumwell, City Attorney's Office 300 Main St, Suite 330, Dubuque, Iowa 52001 (563) 589-4381 GRANT OF EASEMENT FOR PUBLIC UTILITIES For and in consideration of the sum of Twenty -Four Thousand Nine Hundred Fifty -Five Dollars and No Cents ($24,955.00) and other good and valuable consideration, Marlene L. Brimeyer, widowed and not remarried. ("Grantor") does hereby grant to the City of Dubuque, Iowa ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right- of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit as shown on Exhibits A and B Said easement shall be as shown on the attached Exhibits A and B and is for the purpose of constructing, installing, maintaining, operating, and repairing public utilities, including, but not limited to underground sewer, water, electric, fiber optic cable, traffic signals and other appurtenances in accordance with the Plans and Specifications approved by the office of the City Engineer, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Additionally, prior to performing any work permitted hereunder, Grantee shall provide Grantor with no less than seven (7) days advanced written notice that Grantee intends to perform said work. It is understood and agreed that the Grantee herein shall restore the area disturbed by the construction, maintenance or repair of said public utilities to the condition existing as of the mutual execution this agreement. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. It is understood and agreed that Grantee shall not disturb the main driveway to the residential property at 12679 Kennedy Road and shall conduct any installations by methods which do not require disturbance or interrupt use. Grantor shall not materially and adversely change the grade, elevation, and contour or perform any construction or excavation thatwill materially and adversely diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer (said consent not to be unreasonably withheld, conditioned or delayed) Grantee shall indemnify and hold harmless Grantor from any and all claims, demands, and causes of action, whether in law or in equity, costs and expenses, liability, loss or damage arising, directly or indirectly, from Grantee's or its employees, contractors, agents, invitees, etc. actions or inaction in connection with this easement, or with Grantee's duties in regard to the easement, or with the exercise, use or enjoyment of the rights herein granted to Grantee. Additionally, Grantee and/or its authorized agent(s), contractor(s), employee(s), etc., shall not materially interfere with the Grantor's tenants, invitees or the business upon the Grantor's property. 18 To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said storm sewer thereon or therein. Dated this day of , 2017 Marlene L. Brimeyer ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA ) DUBUQUE COUNTY ) On this day of , 2017, before me, the undersigned, personally appeared Marlene L. Brimeyer, who acknowledged the execution of said instrument which signature appears hereon to be the voluntary act and deed of the owner and voluntarily executed. (Notary Seal) Notary Public in and for State of Iowa 19 (Signature) (Print/Type Name) s?,t, 6 0 0 cel LLI < w )Z — aE 0 cT, E5 w o < >- z <0 o w < s 0 F-2 0 Z 410 ±0°1 • < (.7 LL3 LU -J • a. or [C 1-1 • 0 d cs >- z 0 cn 0 0 0<z Z taat OZZIT-699-£99d LOUIS Vrenbricina risr 41EL IsanA O.141>leteN pandwd Japon)j.101panlasam LEGAL DESCRIPTION A part of Lot 2 the Subdivision of Lot 1 of the Southeast Y. of the Southwest 1/4 of Section 9, . Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows: Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision of Lot 1 of the Southeast Y. of the Southwest 1/. of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 731.49 feet to the point of beginning; Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot 2; Thence Southeasterly along the East line of said Lot 2, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet; Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of 258.07 feet to the Southeast corner of said Lot 2; Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said Lot 2 a distance of 33.52 feet to a point on the West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32 Seconds West along said West right of way fine a distance of 279.21 feet; Thence Northwesterly along said West right of way line, being a circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to a point on the South right of way line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to the point of beginning, containing 27,435 square feet, more or less, and is subject to easernents, reservations, restrictions and rights of way of record and not of record. 2 of 2 21 1 Exhibit B Reserved or Recorder Prepared lSy Nate Kioffer 50 West 129 St. Dubuque,IA 52001 Ph563-589-4270 IR.. • ZaliFWVAZar. MKS StAVI`VIS SJOVATEZ P1,4 THE SW MAI SESITCY.9.„ 41rIte 114. SECTM i& TWA EWE aseastaarevasten CIFIVEIIIIP.1041)1.0,4£80E. COMM", KMA os, VAAC :ATI-7ra tr.,41."2 EASEMENT - PART OF LOT 1 OF THE SUBDIVISION OF LOT 107 THE SE OF THE SW SEC. 9, TION, R2E OF THE STK P.M, 29,337 SQ. FT. (0,67 ACRES} • FOUND IRON ROENPIPE AS SHOWN o SET 5J85 REAR WITH YELLOW PLASTIC CAP it18128 RIGHT OF WAY (100.00') RECORDED OIMENS(ON .5,,,WgrAr 0 LINE BREAK " 55.554.50.55t .51T ADJACENT PROPERTY LINE — — — — RIGHT OF WAY LINE (EXIST(NG) W,V4441:V.91: oTrtalm"-gr "" • FOUND MAG NAIL/MASONRY NAIL ow CTI OF DUBUQUE *--- ovor EN4:34P.IEEFIEN.G DEPARTAitenrr CY, HAti. 50 WEST 155, 9115MT bus [sue ...$ rdaT5V5757MartraraFtENr5W5-5,41."' to(5,5055( ( 2 - tow000rowrooweow USA. CSIV1/5. P.119.4,00426 <55 QV. 5.55r5555 ximor 555514-(51.1.215,15=5 crooro aro. 51555 5.661556.052-5.55.55( EASEMEIVT - PART OF 6.04, LOT1 OF LOT 1 pyry /-OF IONERAI. LOT 450 5,34/ SO. FT. (0.12 ACRES) INENNE5 imonommo O7 10E7 SCALE 1" =13(7 t 11. ALL WEASWIEWENIS 7I4 fear A.140.113C-02.0ALSMOREC.F. 2. 020,IE7COOF ANNE PESC51520 5. Wit VIARI.ENELASISIKEVER 55a9EY REWESIVOIM OF MIST, CPUEODUE„ .5.50555. 5105005510557051. *AMMO. JIS SC...ftt SOARS re.er A. ore PtAlOS Sterttet TO ALL EASVMENTV CAVRZ.VCIRES.AND NCTOF KEW., s. wear SetererSt7414098 loweg,catarj.t.ott.ormol 5.55.5.5.85.55114515 5 (5.555.15.51 5.(5555.5501 55555 C11555.5.5( 23' 117 07-M-7,g/b gar 54 556 55. 55-555 EXHIBIT 13 Filmic UTILITY EASEMENT ACROSS PART OF LOT 1 OF LOT/ OF SUB. OF SE 1/4 OF SW 1/4, SEC. 9 & PART OF LOT 1 OF LOT 1 OF MIN. LOT 459, SEC. 16, T89N, R2E OF 5TH P.M. OVINF* MARLEFIV BRAL579R 22 LEGAL DESCRIPTION A part of Lot 1 of the Subdivision of Lot 1 of the Southeast 'A of the Southwest 114 of Section 9, Township 89 North, Range 2 East of the sth Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows: Beginning atthe Northeast comer of Lot 1 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest Y4 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; • Thence South 11 Degrees 58 Minutes 32 Seconds East along the East line of said Lot 1 a distance of 500.82 feet; Thence Southeasterly along a circular Curve concave to the East, having a radius of 955.37 feet, a chord of 357.07 feet which bears South 23 Degrees 33 Minutes 34 Seconds East, an arc length of 389.77 feet to the Southeast corner of said Lot 1; Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a distance of 39.63 feet to a point on the Westerly right of way line of Kennedy Road; Thence Northwesterly along said Westerly right of way line being e circular curve concave to the East, having a radius of 988.37 feet, a chord of 378.50 feet which bears North 22 Degrees 54 Minutes 51 Seconds West, an arc length of 380.85 feet; Thence North 11 Degrees 58 Minutes 32 Seconds West along, said Westerly right of way line a distance of 506.68 feet to a point on the North line of said Lot 1; Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a distance of 33.52 feet to the point of. beginning, centalnIng 29,337 square feet, more or less, and Is subject to easements, reservations, restrictions and rights of w -ay of record and not of record, and; A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, In the County of Dubuque, Iowa, more particularly described as follows: Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Section 16, Township 89'Nortte Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence Southeasterly along the Easterly line of said Lot 1 of Lot 1, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 145.47 feet which bears South 39 Degrees 36 Minutes 48 Seconds East, an arc length of 145.61 feet; Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly line a distance of 33.40 feet to a point on the Westerly right of way line of Kennedy Road; Thence Northwesterly along said Westerly right of way line. being a circular curve concave to the East, having a radius of 988.37 feet, a chord of 177,98feet whieh bears North 39 Degrees 07 Minutes 07 Seconds West, an arc length of 178.22 feet to a point on the North line of said Lot 1 of Lot 1; Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line a distance of 39.63 feet to the point of beginning, containing 5,344 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. 2 of 2 23 Exhibit 4 24 SSS- �o�m h N N a 1!. a �+ ni` Z�tA mw N N M W � $ O N $ 11 L U C r � $ NOO z3zw - gW w � mY w tQ Exhibit 5 Future Easement Area Zo�ns y o OW�aq., og Z soa -.W` Vy Z. • 0 o .... Z •-m, w 0 • w w = < z 0 0o -� o Wa w • LL LU O O F u. K 00 O w 0� - • K w H d F ,000Ztr M.1Z.9P,ZN .001.tr RAS.BS.45 h Qw a r os'm z CO a_ K w 10 U Z co ~ sn Q w • 4 0 3 w =w Fv, W CO WI au W X Lu O H CCQ = 1- Z 0 W Z 00 LL11tat < 0 o a • a t- C9 Z ill i= CC J Z ZO } W U1 r cQ I Lu w z w z LLI >_O } Q CC z OwW LI0 w O 2 w (5wz o C7 o¢ o:c Q u_z 0"gc)-I • & o .00'6££ sg \\\\ \• \ \ \\ \\\ \\\ \\\ �y Exhibit 5, Page 1 S LL to O W L� UJ W O W UJ >-• ~ w F- O rn Q co 4 LU w• cC cc) a Q • 0 0 cn < CO a: E L. BRIMEYER 0 0 OLZ17-689-E99:4d LOOM Vrenbnqno 7S tits!, Isom 05 ia4a'N OWN :d8 pa(0daJd JapJoaab J01 panaasa),{ } 1 � N LU s ^h( R S � { IION 29 Exhibit 6 AGREEMENT TO INCLUDE AGRICULTURAL LAND IN AN URBAN RENEWAL AREA This Agreement is made and entered into by and between the City of Dubuque, Iowa (hereinafter called "City"), and the undersigned property owners (hereinafter called "Property Owners") in the proposed expansion of the urban renewal area for the Derby Grange Road Housing Urban Renewal Area. WITNESSETH: WHEREAS, the City proposes to adopt an Urban Renewal Plan under Iowa Code Chapter 403 and proceed with activities authorized under that Chapter in the area described as the Derby Grange Road Housing Urban Renewal Area, including but not limited to the division of revenue under Iowa Code Section 403.19; and WHEREAS, a description or map of the property to be included within the proposed Derby Grange Road Housing Urban Renewal Area is attached hereto as Exhibit A and made a part hereof; and WHEREAS, the undersigned Property Owner(s) own "agricultural land" within said proposed urban renewal area, as that term is defined in Iowa Code Section 403.17(3). NOW, THEREFORE, be it agreed among the parties hereto as follows: 1. The undersigned Property Owners agree that the City may include real property owned by the undersigned Property Owners identified in the attached Exhibit A, in the proposed Derby Grange Road Housing Urban Renewal Area, including any portions which may be defined as "agricultural land" under the provisions of Iowa Code 403.17(3). 2. The undersigned Property Owners further authorize the City Council of the City to pass any resolution or ordinance necessary to designate said property as an urban renewal area under Iowa Code Chapter 403. Dated this day of Attest: Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA Roy D. Buol, Mayor 1 30 Exhibit 6 Address: 12679 Kennedy Road, Dubuaue, IA 52002 Parcel Number(s): 1009351002, 1009376001, 1009376002. 1009351001, 1 01 61 01 001 Owner's Name: By: Date: Witness: Marlene L. Brimever RESOLUTION NO. 38-17 APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MARLENE L. BRIMEYER PROVIDING FOR THE ANNEXATION OF RIGHT-OF- WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A GRANT OF EASEMENT FOR PUBLIC UTILITIES FOR THE RIGHT-OF-WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A PRE -ANNEXATION AGREEMENT FOR THE REMAINDER OF THE BRIMEYER PROPERTY; AND ACCEPTING THE GRANT OF EASEMENT AND APPROVING THE PRE -ANNEXATION AGREEMENT Whereas, the City of Dubuque has been working to encourage development within city limits and the two-mile fringe area boundary; and Whereas, an unnamed developer has contacted the City about constructing a city development at the corner of Kennedy Road and Derby Grange Road; and Whereas, to facilitate this development the City must extend utilities into the area and have adjacency in compliance with state law for annexation; and Whereas, the City negotiated an agreement with Mrs. Marlene L. Brimeyer (Brimeyer), which is attached, to address adjacency, utilities, and other matters of concern to the parties; and Whereas, Brimeyer has granted to the City an easement for public utilities within the right-of-way abutting her property; and Whereas, Brimeyer has signed a Pre -annexation Agreement for the remainder of her property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Agreement with Brimeyer attached hereto is hereby accepted and approved. 2. The Grant of Easement for Public Utilities attached hereto is accepted. 3. The Pre -Annexation Agreement attached hereto is hereby accepted and approved. 4. The City Clerk's Office is authorized and directed to record this resolution and the Agreement, Grant of Easement for Public Utilities, and Pre -Annexation Agreement with the Dubuque County Recorder. Passed, approved and adopted this 6th day of February, 2017. Roy D. Buol, `May 7 Attest: Trish L. Gleason, Assistant City Clerk 0 L STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 38-17 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of February, 2017. Trish . Gleason, Assistant City Clerk 11 11 11 111 11 11 11 11 Doc ID 008591950009 Type: GEN Kind: EASEMENT Recorded: 02/09/2017 at 12:22:21 PM Fee Amt: $47.00 Page 1 of 9 Dubuque County Iowa John Murphy Recorder Fi1e201 / —000017 13 Prepared by: Crenna Brumwell, City Attorney's Office 300 Main St, Suite 330, Dubuque, Iowa 52001 (563) 589-4381 Return to: Crenna Brumwell, City Attorney's Office 300 Main St, Suite 330, Dubuque, Iowa 52001 (563) 589-4381 GRANT OF EASEMENT FOR PUBLIC UTILITIES For and in consideration of the sum of Twenty -Four Thousand Nine Hundred Fifty -Five Dollars and No Cents ($24,955.00) and other good and valuable consideration, Marlene L. Brimeyer, widowed and not remarried. ("Grantor") does hereby grant to the City of Dubuque, Iowa ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit as shown on Exhibits A and B Said easement shall be as shown on the attached Exhibits A and B and is for the purpose of constructing, installing, maintaining, operating, and repairing public utilities, including, but not limited to underground sewer, water, electric, fiber optic cable, traffic signals and other appurtenances in accordance with the Plans and Specifications approved by the office of the City Engineer, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Additionally, prior to performing any work permitted hereunder, Grantee shall provide Grantor with no Tess than seven (7) days advanced written notice that Grantee intends to perform said work. It is understood and agreed that the Grantee herein shall restore the area disturbed by the construction, maintenance or repair of said public utilities to the condition existing as of the mutual execution this agreement. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. It is understood and agreed that Grantee shall not disturb the main driveway to the residential property at 12679 Kennedy Road and shall conduct any installations by methods which do not require disturbance or interrupt use. Grantor shall not materially and adversely change the grade, elevation, and contour or perform any construction or excavation that will materially and adversely diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer (said consent not to be unreasonably withheld, conditioned or delayed) Grantee shall indemnify and hold harmless Grantor from any and all claims, demands, and causes of action, whether in law or in equity, costs and expenses, liability, loss or damage arising, directly or indirectly, from Grantee's or its employees, contractors, agents, invitees, etc. actions or inaction in connection with this easement, or with Grantee's duties in regard to the easement, or with the exercise, use or enjoyment of the rights herein granted to Grantee. Additionally, Grantee and/or its authorized agent(s), contractor(s), employee(s), etc., shall not materially interfere with the Grantor's tenants,, invitees or the business upon the Grantor's property. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said storm sewer thereon or therein. Dated this 2 L% day of Vna/a_.-„, Marlene L. Brimeyer STATE OF IOWA DUBUQUE COUNTY On thisa(1' day of i.i'`ti`- , 2017, before me, the undersigned, personally appeared Maene L. dime er, who acknowledged the execution of said p Y pp Y g instrument which signature appears hereon to be the voluntary act and deed of the owner and voluntarily executed. 2017 ALL PURPOSE ACKNOWLEDGMENT (Notary Seal) testas nefbis mo=�....�......... I (Signature) RAM rurn vv -e l 1 So( n (Print/Type Name) Notary Public in and for State of Iowa EXHIBIT A z69S(G5:Lid Los yr ga 7+&oJ A a&A p a JapJ000 LEGAL DESCRIPTION A part of Lot 2 the Subdivision of Lot 1 of thoSouthost% of the Southwest 'A of Secton 9, Townshp 89 North, Range 2 Eastof the 5 Principal Meridn, in the County of Dubuque, Iowa, more particularly described as folIows Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision of Lot 1 of theSou1heeatHoftheSouth*aat%ofSoc1ion0.Tmwnuhip8ANorth.Range2Eastof the 5th Principal Meddian, in the County of Dubuque, Iowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a dstance of 73149 feet to the point of begnnng; Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot 2; Thence Southeasterfy along the East line of said Lot 2, being a circular curve concave to the East, having a radius of 955.37 fee . a chord of 191,31 feet which bears South 06 Degrees 13 Minutes O7Seconds East, anarc length nf101.O3feet; Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of 258.07 feet to the Southeast corner of said Lot 2; . Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said Lot 2 a distance of 33.52 feet to a point en the West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way line a distance of 279.21 feet; Thence Northwesterly along said West right of way line, being a circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees 57 Minutes 57 Seconds West, anarc length n[34.40feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to a point on the South right of way line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to the point of beginning, containing 27,435 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. Exhibit B Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 so, op scv., NOTE: -mils SURVEY 10 4.004900 IN THE SE/ 1/4 SECTLON 9. &Th0 099 9/4 SECTION I4.T8911, 1920 :DUBUQUE TOWNSHIP, OF THE 02-1014,. OUSUQUE 09402, 1040, l01.1014.9 or,. we ....... :10.1.1101E Or LOY:, soom000eoo OVA PIA12.00,27PME 100 Vann? w210,4 91199I99420A0 400 InAt EASEMENT - PART OF LOT 1 OF THE SUBDIVISION OF LOT 1 OF THE SE OF THE SW SEC. 9, T9$t4, R2E OF THE 5TH P.M. 29,337 SO. FT. (0.67 ACRES) :Or loto. ot.e.rry.tux, .nolAt (.0x. u FOUND IRON ROD/PIPE AS SHOWN 0 SET 5/8" REBAR WITH YELLOW PLASTIC CAP #18128 R.O.W. RIGHT OF WAY (100.00) RECORDED DIMENSION 11, LINE BREAK r pppavot. ARC 14.4.11.8r (61.30) WORD rt2,8. ne.60 eg-NTRALANGLE22,1,42 ADJACENT PROPERTY LINE — RIGHT OF WAY LINE (EXISTING) FOUND MAG NAIUMASONRY NAIL un. P,901480977P um:m=4m sum .742 NORTH' 0 50' 100' 200' SCALE 1" = 100' FEET RASE Or DRY:t 19a0 NOTES: 1, SU MEASUREMENTS 360 99 9077 A190 DECIMALS THEREOF. 2. PROMETOR OF 613090 DESCRIBED LOT: MARLENE L. BEIMEYER 3. SURVEY ReauesTeo SY: orrY 00 Dusuaus, 50 W. ISM Sr, 0000009, IOWA 4. TOTAL AREA OF PERIMETER SURVEYED 10 34,581 501JARE F977 4. THIS PLAT IS SUBJECT TO AU. E5SE149765 OF RECORD AND NOT OF RSCORE. 0. DRTE OF SURVEY: 07-09.9.010 EASEMENT - PART OF LOT 1 OF LOT 1 OF MINERAL LOT 439 5,344 SQ. FT. (0,12 ACRES) Dubuque CITY OF DUBUQUE ENCRINEETEING EMPARTR/IENT *012 060,; 50 WEST 156, artRomy 4tateli OVOLIFRJR... 84 52001-408A 800158 19842 098 301941099 34 060 *1465 1 2007 0*E00L0:bcr,grgie0U6.0.1'9.-.10,3t1*49.t80 1 ,1 2 10091008084048015040150480060086*69864 toe I 993889481010*484 SM 44899 tar.V11..31. For' 09 01V OD... 4R014190,29 09934.31'199861 SHOED 049.000141 17146. CENT00L58121£19•19 44sor nem, mosuar (44.17). 00000960'8049'0 14.? L.TIV41,1401..£ 00,2, 7a4 M,/LJ09-14- z0/6 Me. AL .Polia R.161. EMA atle 1.03..ef R... oft. 85,660149 9284800010,6 EXHIBIT B PUBLIC UTILITY EASEMENT ACROSS PART OF LOT 1 OF LOT 1 OF SUB. OF SE 1/4 OF SW 1/4, SEC, 9, & PART OF LOT 1 OF LOT 1 OF MIN. LOT 459, SEC. 16, T89N, R2E OF 5TH P.M. OWNER MARLENE L. BRIMEYER 18' 990199 33,1, Un'an.1-.1 LEGAL DESCRIPTION A part of Lot 1 of the Subdivision of Lot 1 of the Southeast'/ of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows: Beginning at the Northeast corner of Lot 1 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence South 11 Degrees 58 Minutes 32 Seconds East along the East line of said Lot 1 a distance of 500.82 feet; Thence Southeasterly along a circular curve concave to the East, having a radius of 955.37 feet, a chord of 387.07 feet which bears South 23 Degrees 33 Minutes 34 Seconds East, an arc length of 389.77 feet to the Southeast corner of said Lot 1; Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a distance of 39.63 feet to a point on the Westerly right of way line of Kennedy Road; Thence Northwesterly along said Westerly right of way line being a circular curve concave to the East, having a radius of 988.37 feet, a chord of 378.50 feet which bears North 22 Degrees 54 Minutes 51 Seconds West, an arc length of 380.85 feet; Thence North 11 Degrees 58 Minutes 32 Seconds West along said Westerly right of way line a distance of 506.68 feet to a point on the North line of said Lot 1; Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a distance of 33.52 feet to the point of beginning, containing 29,337 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record, and; A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows: Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence Southeasterly along the Easterly line of said Lot 1 of Lot 1, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 145.47 feet which bears South 39 Degrees 36 Minutes 48 Seconds East, an arc length of 145.61 feet; Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly line a distance of 33.40 feet to a point on the Westerly right of way line of Kennedy Road; Thence Northwesterly along said Westerly right of way line, being a circular curve concave to the East, having a radius of 988.37 feet, a chord of 177.98 feet which bears North 39 Degrees 07 Minutes 07 Seconds West, an arc length of 178.22 feet to a point on the North line of said Lot 1 of Lot 1; Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line a distance of 39.63 feet to the point of beginning, containing 5,344 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. 2 of 2 RESOLUTION NO. 38-17 APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MARLENE L. BRIMEYER PROVIDING FOR THE ANNEXATION OF RIGHT-OF- WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A GRANT OF EASEMENT FOR PUBLIC UTILITIES FOR THE RIGHT-OF-WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A PRE -ANNEXATION AGREEMENT FOR THE REMAINDER OF THE BRIMEYER PROPERTY; AND ACCEPTING THE GRANT OF EASEMENT AND APPROVING THE PRE -ANNEXATION AGREEMENT Whereas, the City of Dubuque has been working to encourage development within city limits and the two-mile fringe area boundary; and Whereas, an unnamed developer has contacted the City about constructing a city development at the corner of Kennedy Road and Derby Grange Road; and Whereas, to facilitate this development the City must extend utilities into the area and have adjacency in compliance with state law for annexation; and Whereas, the City negotiated an agreement with Mrs. Marlene L. Brimeyer (Brimeyer), which is attached, to address adjacency, utilities, and other matters of concern to the parties; and Whereas, Brimeyer has granted to the City an easement for public utilities within the right-of-way abutting her property; and Whereas, Brimeyer has signed a Pre -annexation Agreement for the remainder of her property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Agreement with Brimeyer attached hereto is hereby accepted and approved. 2. The Grant of Easement for Public Utilities attached hereto is accepted. 3. The Pre -Annexation Agreement attached hereto is hereby accepted and approved. 4. The City Clerk's Office is authorized and directed to record this resolution and the Agreement, Grant of Easement for Public Utilities, and Pre -Annexation Agreement with the Dubuque County Recorder. Passed, approved and adopted this 6th day of February; 2017. Roy D. Buol, Mayff Attest: „„as, Trish L. Gleason, Assistant City Clerk k„,/ CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 38-17 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of February, 2017. Trish L. Gleason, Assistant City Clerk 11 11 u 11 11 i 11 11 11 Doc ID 008591960018 Type GEN Kind: AGREEMENT Recorded: 02/09/2017 at 12:23:13 PM Fee Amt: $92.00 Page 1 of 18 Dubuque County Iowa John Murphy Recorder File2017_00001714 Prepared by Crenna M. Brumwell, 300 Main Street Suite 330 Dubuque, IA 52001, 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street Dubuque, IA 52001, 563-589-4120 PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARLENE L. BRIMEYER This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes the oiLl day of M,(,(( , 2017, is made and entered into by and between the City of Dubuque,�.lowa ("Ci' ) and Marlene L. Brimeyer ("Owner"). Whereas, Owner is the legal owner of real estate legally described as: Lot One (1) of Lot One (1) of Mineral Lot Four Hundred Fifty-nine (459), Section 16; Lot One (1) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 9; Lot One (1) of Lot One (1) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 9; all in Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township. Dubuque County, Iowa, according to the recorded plats and easements of record. AND Lot 2 of Lot 1 of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4); Lot 2 of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4); all in Section 9, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, subject to highways, and according to the Plat thereof, as recorded in Book of Plats #29, page 109, records of Dubuque County, Iowa. -� G±9 CzrlL and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"); and Whereas, as of the date of this Agreement, the Real Estate is contiguous to the corporate city limits of the city of Dubuque and is located within two (2) miles of the corporate limits of the city of Dubuque and constitutes territory which may be annexed by City as provided in Iowa Code Chapter 368; and Whereas, Owner desires to have the Real Estate annexed by City upon certain terms and conditions as hereinafter set forth; and Whereas, notice of the proposed annexation shall be given to the parties legally required to be notified pursuant to Chapter 368 of the Iowa Code at the time the Real Estate becomes contiguous to City; and Whereas, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by City on the terms and conditions hereinafter set forth would further the growth of City, would enable City to control the development of the area and would serve the best interests of City. NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This Agreement is made pursuant to and in accordance with the provisions of Iowa Code Chapter 368. The foregoing preambles and recitations are made a part of this Agreement. ECTION 2. TERM. The term of this Agreement is from the qday of , 2017 until the annexation of the Real Estate to City is final. SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this Agreement, will submit to the City Clerk a Petition for Annexation of the Real Estate by City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to the City Council for consideration at such time and under such circumstances as the City Council deems appropriate, and comply with the requirements of Iowa Code Chapter 368. Pursuant to Iowa Code §368.7(e), upon execution of this Agreement, Owner hereby waives the right to withdraw or rescind the Petition and hereby waives the right to withdraw its consent to the Petition and waives its right to object to annexation. SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs associated with the annexation of the Real Estate, which includes filing and recording costs. 2 SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees that the resolution approving the annexation application shall provide for the transition for the imposition of City taxes against the Real Estate. The Real Estate shall be entitled to the following partial exemption from taxation for City taxes for a period of ten (10) years following the final order of the City Development Board, if such annexation requires approval by the City Development Board, after the exhaustion of any and all appeals from the action of the Board by any person or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the property shown on Exhibit A: 1. For the first and second year, seventy-five percent (75%). 2. For the third and fourth year, sixty percent (60%). 3. For the fifth and sixth year, forty-five percent (45%). 4. For the seventh and eighth year, thirty percent (30%). 5. For the ninth and tenth year, fifteen percent (15%). SECTION 6. CITY WATER SERVICES. 6.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will obtain City water services to the Real Estate. 6.2 If Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, obtain water services from a rural water provider prior to annexation, Owner must use City water services to provide water to the property upon annexation. For provision of such future City water services to the Real Estate, the Owner, the Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, shall be fully bound, jointly and severally, to pay City the sum of any and all amounts City is required to pay as compensation to the rural water service provider for losses resulting from annexation of all or any part of the Real Estate by City and such amounts as City may be required or reasonably agrees to pay the rural water service provider as a settlement for resolution of any claims, disputes, objections, protests or litigation related to or arising out of City providing water service to all or any part of the Real Estate, following annexation of the Real Estate to City. 6.3 If Owner obtains City water services prior to annexation, Owner will pay 1.5 times the regular City water rate paid by all other City residents for such services. Upon annexation, Owner will pay the regular rate paid by all other City residents for such services. 6.4 If Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate own, operate, and maintain a private well or water system to supply water to the Real Estate, Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate will be allowed to keep, maintain, and replace such well or water system indefinitely upon annexation, if Owner, Owner's heirs, successors and assigns, including but not limited to the future 3 owners of the Real Estate choose to do so. However, such a pre-existing well will be allowed for non -potable water only. Potable water will be provided by City water services. SECTION 7. OTHER CITY SERVICES. 7.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will for provision of future construction of street paving, curbs and guttering, storm sewers, water mains, sanitary sewer mains, bicycle paths, sidewalks, or any other improvement authorized by state law by means of City awarded contracts to be paid by special assessments to be levied against the Real Estate, Owner agrees that by execution of this Agreement, Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate, and each of them, shall pay and are bound to pay City, the costs of the aforesaid improvements assessed to the Real Estate, by action of the City Council, after notice of hearing as provided by Iowa Code Section 384.50, the provisions of Iowa Code Section 384.38 notwithstanding. 7.2 It is City's current policy that Owner may elect, at the time of annexation, to dedicate any streets on the Real Estate to the City, or to maintain any streets on the Real Estate as private streets. If Owner maintains as private streets, City will not make or require improvements to bring private streets to City standards. If Owner wishes to dedicate streets to the City, streets must be brought to City standards at Owner's expense. Such policy is subject to change and may no longer be in effect at the time of annexation. 7.3 Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states that the owner of any house, building, or property used for occupancy, employment, recreation, or other purposes situated in City and abutting any street, alley, right of way, or easement in which there is now located, or may in the future be located, within two hundred feet (200') of the nearest property line thereof, a public sanitary sewer of the City, is required at the owner's expense to connect such facilities directly with the public sanitary sewer, in accordance with City standards within three hundred sixty-five (365) days. If, at the time of annexation, the nearest property line of the Real Estate is within two hundred feet (200') of a public sanitary sewer, Owner, Owner's heirs, successor or assigns, including but not limited to the future owners of the Real Estate will be required to connect to such public sanitary sewer. However, Owner, Owner's heirs, successors or assigns will not be required to connect to the public sanitary sewer if construction plans for an existing private onsite sewage treatment and disposal system are available, the system meets the provisions of state laws and regulations, and the system received a construction permit from the city manager prior to installation. However, no private onsite sewage treatment and disposal system will be permitted to operate for more than fifteen (15) years from its installation, unless otherwise determined by the city manager pursuant to standards adopted by the city manager. If 4 the city manager determines at any time that the system is no longer adequate, connection to the public sanitary sewer must be made. City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in effect at the time of annexation. 7.4 If Owner is able and elects to receive public sanitary sewer services from the City prior to annexation, Owner will pay 1.5 times the regular City sanitary sewer rate paid by all other City residents for such services. Upon annexation, Owner will pay the regular rate paid by all other City residents for such services. SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assignees and shall be recorded with the Real Estate and will apply to any subsequent plats and/or subdivisions of the Real Estate. SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is held invalid, such invalidity shall not affect anyof the other provisions contained herein. SECTION 10. DEFAULT. 10.1 Failure by Owner to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement constitutes an Event of Default. 10.2 Whenever any Event occurs and is continuing, City may take any one or more of the following actions after giving written notice by City to Owner of the Event of Default, but only if the Event of Default has not been cured within sixty (60) days following such notice, or if the Event of Default cannot be cured within sixty (60) days and Owner does not provide assurances to City that the Event of Default will be cured as soon as reasonably possible thereafter: (1) City may suspend any part of or all of its performance under this Agreement until it receives assurances from Owner, deemed adequate by City, that Owner will cure its default and continue its performance under this Agreement; (2) City may cancel and rescind this Agreement; (3) Owner will reimburse City for all amounts expended by City in connection with the Agreement, and City may take any action, including any legal action it deems necessary, to recover such amounts from Owner; (4) City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments 5 due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the Agreement shall be delivered or mailed by certified mail, return receipt requested, to the respective parties at the following addresses: If to City: If to Owner: City of Dubuque City Clerk 50 West 13th Street Dubuque, Iowa 52001 Marlene L. Brimeyer 12679 Kennedy Road Dubuque, IA 52002 SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City Council of Dubuque, Iowa in its sole discretion. 6 CITY OF DUBUQUE, IOWA OWNER By: Roy D. Buol, ATTEST: By: 7/7G.2e._� ayor Marlene L. Brimeyer Kevin S Firnstahl City Clerk Trish L. Gleason, Assistant City Clerk On this day of A!.J ( 2017, before me, a Notr*y Public in and for said state, personally appeared Roy D. , uol and Kevin S. Firnstahl known to me to be the person(s) named in and who execu d the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ** Trish L. Gleason, Assistant City'Cler k "-. PAMELA .Y. McCARRCNouyv o C� R Commission Num jjer 772419 My Comm. Exp.. Notary Public in t Caki tate of Iowa My Commission expires On this ( day of fi , 2017, before me, a Notary Public in and for said state personally ap fared Mane L. Brimeyer known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. Comedealon 7 Notary Public in the State of Iowa My Commission expires it ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation EXHIBIT A Legal Description and Map of Area to be Annexed Lot One (1) of Lot One (1) of Mineral Lot Four Hundred Fifty-nine (459), Section 16; Lot One (1) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 9; Lot One (1) of Lot One (1) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 9; all in Township 89 North, Range 2 East of the 5th RM., in Dubuque Township. Dubuque County, Iowa, according to the recorded plats and easements of record. AND Lot 2 of Lot 1 of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4); Lot 2 of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4); all in Section 9, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, subject to highways, and according to the Plat thereof, as recorded in Book of Plats #29, page 109, records of Dubuque County, Iowa. 9 - ��� - .� ��� r� • . . ,,• ,■ } . >. . .: . , 16 � ~ . �• � �!~ � � }� �� ^ /\?~a ate^ \ � - � � - - - EXHIBIT B PETITION FOR ANNEXATION DATE FILED TO: Mayor and City Council of the City of Dubuque, Iowa Board of Supervisors, Dubuque County, Iowa The Petitioners Respectfully States Under Oath: 1. That the Petitioners are the sole owners of record of the following legally described land hereinafter to as the "Real Estate". See attached Exhibit A: Legal Description and Plat of Annexation. The Real Estate is further identified as parcel number 2. The Real Estate is not situated within the limits of any municipality, but is contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal Description and Plat of Annexation. The Petitioners Respectfully Request: 1. That the above-described Real Estate be annexed to the City of Dubuque by resolution of the Mayor and City Council of the City of Dubuque, Iowa, pursuant to Chapter 368 of the Code of Iowa. 2. That such other action may be taken as is appropriate in the premises. We, the Petitioners, hereby state that the preceding statements and all statements made in supplementary material, and all attached documents submitted by me are true and correct. We, the Petitioners, hereby acknowledge that pursuant to Iowa Code § 368.7(e), and upon execution of the attached Pre -Annexation Agreement, Petitioners hereby waive the right to withdraw or rescind this Petition and hereby waive the right to withdraw consent to this Petition and waive the right to object to annexation. Signed on this day of , 20 Telephone: 563- Telephone: 563 - Subscribed and sworn before me this day of , 20 . Notary Public 11 EXHIBIT B-1: EXHIBIT B-2: ATTACHMENTS: Legal Description and Map of Area to be Annexed Pre -Annexation Agreement 12 EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED Lot One (1) of Lot One (1) of Mineral Lot Four Hundred Fifty-nine (459), Section 16; Lot One (1) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 9; Lot One (1) of Lot One (1) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 9; all in Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township. Dubuque County, Iowa, according to the recorded plats and easements of record. AND Lot 2 of Lot 1 of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4); Lot 2 of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4); all in Section 9, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, subject to highways, and according to the Plat thereof, as recorded in Book of Plats #29, page 109, records of Dubuque County, Iowa. Map: See next page. 13 r ti. T �4 t N O O O O O O (h 1- O CO O x. O O O 1009351001 O o � 0 r N O O 0 co O o EXHIBIT B PRE -ANNEXATION AGREEMENT (Insert fully executed pre -annexation agreement here) 15 RESOLUTION NO. 38-17 APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MARLENE L. BRIMEYER PROVIDING FOR THE ANNEXATION OF RIGHT-OF- WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A GRANT OF EASEMENT FOR PUBLIC UTILITIES FOR THE RIGHT-OF-WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A PRE -ANNEXATION AGREEMENT FOR THE REMAINDER OF THE BRIMEYER PROPERTY; AND ACCEPTING THE GRANT OF EASEMENT AND APPROVING THE PRE -ANNEXATION AGREEMENT Whereas, the City of Dubuque has been working to encourage development within city limits and the two-mile fringe area boundary; and Whereas, an unnamed developer has contacted the City about constructing a city development at the corner of Kennedy Road and Derby Grange Road; and Whereas, to facilitate this development the City must extend utilities into the area and have adjacency in compliance with state law for annexation; and Whereas, the City negotiated an agreement with Mrs. Marlene L. Brimeyer (Brimeyer), which is attached, to address adjacency, utilities, and other matters of concern to the parties; and Whereas, Brimeyer has granted to the City an easement for public utilities within the right-of-way abutting her property; and Whereas, Brimeyer has signed a Pre -annexation Agreement for the remainder of her property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Agreement with Brimeyer attached hereto is hereby accepted and approved. 2. The Grant of Easement for Public Utilities attached hereto is accepted. 3. The Pre -Annexation Agreement attached hereto is hereby accepted and approved. 4. The City Clerk's Office is authorized and directed to record this resolution and the Agreement, Grant of Easement for Public Utilities, and Pre -Annexation Agreement with the Dubuque County Recorder. Passed, approved and adopted this 6th day of February; 2017. Roy D. Buol, May Attest: Trish L. Gleason, Assistant City Clerk 0 Li CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 38-17 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of February, 2017. Trish L. Gleason, Assistant City Clerk 11111111111111111110 ll II lII6 lIIlII 1111111 Doc ID' 008591970003 Type' GEN Kind: AGREEMENT Recorded, 0/09/2017 at 12:23:35 PM Fee Amt; $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder F11e2017-000017 15 Prepared by Crenna M. Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4120 COVENANT PERTAINING TO WATER SERVICE Xn11( THIS AGREEMENT, made and entered into effective the a day of 'Nu\ l , 2017, between the City of Dubuque, Iowa (hereinafter called "City"), aMarler L. Brimeyer (hereinafter called "Owner"), her heirs, successors and assigns, WITNESSES: WHEREAS, the aforesaid Owner has applied to the City for approval of a subdivision plat of an area of land described as follows ("the Real Estate"): Lot One (1) of Lot One (1) of Mineral Lot Four Hundred Fifty-nine (459), Section 16; Lot One (1) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 9; Lot One (1) of Lot One (1) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 9; all in Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township. Dubuque County, Iowa, according to the recorded plats and easements of record. AND Lot 2 of Lot 1 of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4); Lot 2 of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4); all in Section 9, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, subject to highways, and according to the Plat thereof, as recorded in Book of Plats #29, page 109, records of Dubuque County, Iowa. \10 ® auk- WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction of the City for plat approval and for authorization of rural water service; and, WHEREAS, Owner may desire to receive rural water service for the land being platted, NOW, THEREFORE, the parties hereto agree that: 1. If the Owner of the Real Estate legally described above, the Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, disconnects from City water and obtains such services from a rural water provider prior to annexation of the Real Estate, or obtains water service, sanitary sewer service, or both services from a rural water provider prior to annexation, the Owner, the Owner's heirs, successors, and assigns, including but not limited to future owners of the Real Estate shall be and are hereby fully bound, jointly and severally, to pay to the City the sum of any and all amounts that the City is required to pay as compensation to the rural water provider for losses resulting from annexation of all or any part of the Real Estate by the City and such amounts as the City may be required or reasonably agree to pay the rural water provider as a settlement for resolution of any claims, disputes, objections, protests or litigation related to or arising out of the City providing water service or sanitary sewer service to all or any part of the Real Estate, following annexation of the Real Estate to the City. 2. This covenant and agreement shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises, and representations hereinstated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants, unless claims to continue any interest in the covenants are filed as provided by law. The City shall have the right to file a claim to continue its interest in these covenants. 3. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 4. If Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate own, operate, and maintain a private well or water system to supply water to the Real Estate, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate will be allowed to keep, maintain, and replace such well indefinitely upon annexation, if Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate choose to do so. However, such a pre-existing well will be allowed for non -potable water only. Potable water will be provided by City water services. Executed by the respective signatories effective the date first above written. 2 CITY OF DUBUQUE, IOWA ,001 By: Roy D. Buol,payor ATTEST: OWNER By: '//Q,2LLe Marlene L. Brimeyer Kevin S Firnstahl, Cit; Ci.e.rk Trish L. Gleason, Assistant City Clerk 6,-, On thisday of le , 2017, before me, a Nota Public in and for said state, personally appeared Roy uol and Kevin S Firnstahl known to me to be the person(s) named in and who execu ed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. **Trish L. Gleason, Assistant City PAMELA J. McCARROI Commission Nu bcr.37 My Comm. Exp.1 parer Notary Public in th ate of Iowa My Commission expires —5' O1 On thisait day of , 2017, before me, a Notary Public in and for said state personally apo oared M ene L. Brimeyer known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. Commiados Meta NOP 0=1:14.11-1-16 . 3 Notary Public in the State of Iowa My Commission expires / l —7—/g AGREEMENT TO INCLUDE AGRICULTURAL LAND IN AN URBAN RENEWAL AREA This Agreement is made and entered into by and between the City of Dubuque, Iowa (hereinafter called "City"), and the undersigned property owners (hereinafter called "Property Owners") in the proposed expansion of the urban renewal area for the Derby Grange Road Housing Urban Renewal Area. WITNESSETH: WHEREAS, the City proposes to adopt an Urban Renewal Plan under Iowa Code Chapter 403 and proceed with activities authorized under that Chapter in the area described as the Derby Grange Road Housing Urban Renewal Area, including but not limited to the division of revenue under Iowa Code Section 403.19; and WHEREAS, a description or map of the property to be included within the proposed Derby Grange Road Housing Urban Renewal Area is attached hereto as Exhibit A and made a part hereof; and WHEREAS, the undersigned Property Owner(s) own "agricultural land" within said proposed urban renewal area, as that term is defined in Iowa Code Section 403.17(3). NOW, THEREFORE, be it agreed among the parties hereto as follows: 1. The undersigned Property Owners agree that the City may include real property owned by the undersigned Property Owners identified in the attached Exhibit A, in the proposed Derby Grange Road Housing Urban Renewal Area, including any portions which may be defined as "agricultural land" under the provisions of Iowa Code 403.17(3). 2. The undersigned Property Owners further authorize the City Council of the City to pass any resolution or ordinance necessary to designate said property as an urban renewal area under Iowa Code Chapter 403. Dated this 6thday of February , 2017. Attest: Kevin S. Firnstahl, City Clerk Trish L. Gleason, Assistant City Clerk Roy D. Buo, 1 Mayor Address: 12679 Kennedy Road, Dubuque, IA 52002 Parcel Number(s): 1009351002, 1009376001, 1009376002, 1009351001, 1016101001 Owner's Name: Marlene L. Brimeyer By: rnt-i,_-C; Date: Witness: �; y 2 BRUIEVILL SAN WomailfFii7Mabee ir *Oa • rc^PL^pp