Loading...
Pre-Annexation Agreement - Barbara A. Gantenbein Copyrighted August 7, 2017 City of Dubuque Consent Items # 18. ITEM TITLE: Pre-Annexation Agreement- BarbaraA. Gantenbein SUMMARY: City Manager recommending approval of a Pre-Annexation Agreement with Barbara A. Gantenbein in conjunction with approving the Plat of Survey of Gantenbein Acres No. 2 in Dubuque County and established by the City's Fringe Area Development Standards of the Unified Development Code. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Barbara A. Gantenbein SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Gantenbein Pre-Annexation Agreement-MVM Memo City Manager Memo Staff Memo Staff Memo Vicinity Map Supporting Documentation Pre-Annexation Agreement Supporting Documentation Resolution Resolutions THE COF Dubuque DtUB E All-America City Masterpiece on the Mississippi 1 1 1 1" 2009•2012•2013•2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pre-Annexation Agreement — Barbara A. Gantenbein DATE: July 31, 2017 Barbara A. Gantenbein has submitted a request for approval of the Plat of Survey of Gantenbein Acres No. 2 in Dubuque County, which is located within two miles of the City of Dubuque corporate limits Planning Services Manager Laura Carstens is requesting City Council approval of a Pre-Annexation Agreement with Barbara A. Gantenbein for the subject property. As part of approving the Plat of Survey, a Pre-Annexation Agreement must be signed as established by the City's Fringe Area Development Standards of the Unified Development Code. There is no plan to annex the property at this time. 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 Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF Dubuque Al'. DUB E Masterpiece on the Mississippi 1 I I I I•' 2ro]•3013.2013.2017 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Pre-annexation Agreement— Barbara A. Gantenbein DATE: July 24, 2017 INTRODUCTION This memo transmits for City Council review and approval, a pre-annexation agreement with Barbara A. Gantenbein, property owner, in conjunction with request for approval of the Plat of Survey of Gantenbein Acres No. 2, Dubuque County, Iowa. The agreement, resolution, and related materials are attached. DISCUSSION The subject property is located within two miles of the city of Dubuque corporate limits, and as part of approving of the Plat of Survey, a pre-annexation agreement must be signed as established by the City's Fringe Area Development Standards in Section 11- 7.E of the Unified Development Code (UDC). There is no plan to annex the property at this time. In accordance with this requirement, Legal staff has prepared the attached pre-annexation agreement with the standard 10-year transition of the City share of property taxes as an incentive. RECOMMENDATION I recommend that the City Council approve the Barbara A. Gantenbein Pre-annexation Agreement in accordance with the Fringe Area Development Standards and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. Attachments cc: Crenna Brumwell, City Attorney Maureen Quann, Assistant City Attorney Gus Psihoyos, City Engineer S(NgkTER/qZ CaR&O THE CITY OF Dubuque DUB E ���a�a� Masterpiece on the Mississippi Vicinity Map �BAR/(INGTtl NOR i; X00. G�EEN HILL QRX000 lF FORESTRID, OR �Q- y'PO City of Dubuque SO."X," Owner: Barbara A. Gantenbein PIN: 1508126003 Description: Lot 2 Gantenbein Acres OAKLAND FARMS ao Street Address: 12560 N. Cascade Road z o Acreage: 22.459 3 Legend ® Applicant Property Building footprints ® City limits DISCLAIMER:This information was compiled using the Dubuque Area Geographic lMormation System(DAGIS),which includes data created by both the City of Dubuque and Dubuque county. Itis understood that,while the city of Dubuque anaR p 'p ting ag - utilized the most current ,.t and accu tf fon oval bl ,DAGlS and is suppliers do AI not r t the accuracy or currency oftM1 -formation or data tV 1-n able n. Th GtY el t 'rt 'p t' 9a9 races shell not A b held f h t h, 't 'a t onsequenfn pantrie or speciald go,whether f.hparrible or unforeseeable ani out of the tM1 drunauthorizea use of this data or the'neb'llly to use Itis data or out of any - breach of warranty whatsoever. Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St: (563)589-4210 Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210 RESOLUTION NO. 273-17 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND BARBARA A. GANTENBEIN Whereas, Barbara A. Gantenbein, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2 Gantenbein Acres and a portion of the NE'/, NW'®, Section 8, T88N, R2E per Warranty Deed Instr. No. 6949-73, Dubuque County, Iowa. Whereas, Barbara A. Gantenbein has entered into a Pre -annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Barbara A. Gantenbein and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of August, 20 7. By: 411 Roy D.oI, Mayor ATTEST: evinS. Firnstahl, City Clerk V 11 11 11 110 Doc ID: 008687270031 Type. GEN Kind: AGREEMENT Recorded: 08/10/2017 at 03:27:25 PM Fee Amt: $157.00 Page 1 of 31 Dubuque County Iowa John Murphy Recorder n File2017-00009927 Prepared by Maureen A. Quann, 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 BARBARA A. GANTENBEIN This Pre -A exation Agreement (the "Agreement"), dated for reference purposes the 'day ofsi,�g , 2017, is made and entered into by and between the City of Dubuque, lo a ("City") and Barbara A. Gantenbein ("Owner"). Whereas, Owner is the legal owner of real estate legally described as: Lot 2 of Gantenbein Acres & a part of the NE1/4 NW1/4, Section 8, T88N, R2E per Warranty Deed Instr. No. 6949-73, in Dubuque County, Iowa and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"); and Whereas, as of the date of this Agreement, the Real Estate is not contiguous to the corporate city limits of the city of Dubuque, but is located within two (2) miles of the corporate limits of the city of Dubuque and constitutes territory which may be annexed by City as provided in Iowa Code Chapter 368; and Whereas, Owner desires to have the Real Estate annexed by City upon certain terms and conditions as hereinafter set forth; and Whereas, notice of the proposed annexation shall be given to the parties legally required to be notified pursuant to Chapter 368 of the Iowa Code at the time the Real Estate becomes contiguous to City; and Whereas, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by City on the terms and conditions hereinafter 0,157 00 i1ttc,o 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. SEC ION 2. TERM. The term of this Agreement is from the ;day of , 2017 until the annexation of the Real Estate to City is f SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this Agreement, will submit to the City Clerk a Petition for Annexation of the Real Estate by City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to the City Council for consideration at such time and under such circumstances as the City Council deems appropriate, and comply with the requirements of Iowa Code Chapter 368. Pursuant to Iowa Code § 368.7(e), upon execution of this Agreement, Owner hereby waives the right to withdraw or rescind the Petition and hereby waives the right to withdraw its consent to the Petition and waives its right to object to annexation. SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs associated with the annexation of the Real Estate, which includes filing and recording costs. SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees that the resolution approving the annexation application shall provide for the transition for the imposition of City taxes against the Real Estate. The Real Estate shall be entitled to the following partial exemption from taxation for City taxes for a period of ten (10) years following the final order of the City Development Board, if such annexation requires approval by the City Development Board, after the exhaustion of any and all appeals from the action of the Board by any person or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the property shown on Exhibit A: 1. For the first and second year, seventy-five percent (75%). 2. For the third and fourth year, sixty percent (60%). 3. For the fifth and sixth year, forty-five percent (45%). 4. For the seventh and eighth year, thirty percent (30%). 5. For the ninth and tenth year, fifteen percent (15%). 2 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 owners of the Real Estate choose to do so. However, such a pre-existing well will be allowed for non -potable water only. Potable water will be provided by City water services. SECTION 7. OTHER CITY SERVICES. 7.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will for provision of future construction of street paving, curbs and guttering, storm sewers, water mains, sanitary sewer mains, bicycle paths, sidewalks, or any other improvement authorized by state law by means of City awarded contracts to be paid by special assessments to be levied against the Real Estate, Owner agrees that by execution of this Agreement, Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate, and each of them, shall pay and are bound to pay City, the costs of the aforesaid improvements assessed to the Real Estate, by action of the City Council, after 3 notice of hearing as provided by Iowa Code Section 384.50, the provisions of Iowa Code Section 384.38 notwithstanding. 7.2 It is City's current policy that Owner may elect, at the time of annexation, to dedicate any streets on the Real Estate to the City, or to maintain any streets on the Real Estate as private streets. If Owner maintains as private streets, City will not make or require improvements to bring private streets to City standards. If Owner wishes to dedicate streets to the City, streets must be brought to City standards at Owner's expense. Such policy is subject to change and may no longer be in effect at the time of annexation. 7.3 Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states that the owner of any house, building, or property used for occupancy, employment, recreation, or other purposes situated in City and abutting any street, alley, right of way, or easement in which there is now located, or may in the future be located, within two hundred feet (200') of the nearest property line thereof, a public sanitary sewer of the City, is required at the owner's expense to connect such facilities directly with the public sanitary sewer, in accordance with City standards within three hundred sixty-five (365) days. If, at the time of annexation, the nearest property line of the Real Estate is within two hundred feet (200') of a public sanitary sewer, Owner, Owner's heirs, successor or assigns, including but not limited to the future owners of the Real Estate will be required to connect to such public sanitary sewer. However, Owner, Owner's heirs, successors or assigns will not be required to connect to the public sanitary sewer if construction plans for an existing private onsite sewage treatment and disposal system are available, the system meets the provisions of state laws and regulations, and the system received a construction permit from the city manager prior to installation. However, no private onsite sewage treatment and disposal system will be permitted to operate for more than fifteen (15) years from its installation, unless otherwise determined by the city manager pursuant to standards adopted by the city manager. If the city manager determines at any time that the system is no longer adequate, connection to the public sanitary sewer must be made. City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in effect at the time of annexation. 7.4 If Owner is able and elects to receive public sanitary sewer services from the City prior to annexation, 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. 4 SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is held invalid, such invalidity shall not affect any of the other provisions contained herein. SECTION 10. DEFAULT. 10.1 Failure by Owner to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement constitutes an Event of Default. 10.2 Whenever any Event occurs and is continuing, City may take any one or more of the following actions after giving written notice by City to Owner of the Event of Default, but only if the Event of Default has not been cured within sixty (60) days following such notice, or if the Event of Default cannot be cured within sixty (60) days and Owner does not . provide assurances to City that the Event of Default will be cured as soon as reasonably possible thereafter: (1) City may suspend any part of or all of its performance under this Agreement until it receives assurances from Owner, deemed adequate by City, that Owner will cure its default and continue its performance under this Agreement; (2) City may cancel and rescind this Agreement; (3) Owner will reimburse City for all amounts expended by City in connection with the Agreement, and City may take any action, including any legal action it deems necessary, to recover such amounts from Owner; (4) City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the Agreement shall be delivered or mailed by certified mail, return receipt requested, to the respective parties at the following addresses: If to City: If to Owner: City of Dubuque City Clerk 50 West 13th Street Dubuque, Iowa 52001 Brian Gantenbein Power of Attorney for Barbara A. Gantenbein 1506 E. Janet Lane Appleton, Wisconsin 54915 5 SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City Council of Dubuque, Iowa in its sole discretion. 6 CITY OF DUBUQUE, IOWA OWNER By: Roy D. Buol, or 0 ATTEST: Kevin irnstahl, City Clerk By: / Brian Gantenbein Power of Attorney for Barbara A. Gantenbein On this 1 day of , 2017, before me, a Notary Public in and for said state, personally appeared oy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. r. „ PAMELA J. McCARRON Commission Number 772419 My Comm. Exp. �`° — 11 r 1V0611/110ti Notary Public iryfie State of Iowa My Commission expires Ii' 5 20 On this 47 day of V U G -,i , 2017, before me, a Notary Public in and for said state personally appeared/ Brian Gantenbein, Power of Attorney for Barbara A. Gantenbein, 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. M m MELINDA Number 125 ER Commission Expires 7 Nota r Public in the tate of Iowa �� My Commission expires 7,7 6< ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation EXHIBIT C: Power of Attorney for Barbara A. Gantenbein EXHIBIT D: Affidavit of Surviving Spouse Lot 2 of Gantenbein Acres & a part of the NE1/4 NW1/4, Section 8, T88N, R2E per Warranty Deed Instr. No. 6949-73, in Dubuque County, Iowa 9 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 , 2017. Telephone: 563- Telephone: 563 - Subscribed and sworn before me this Notary Public ATTACHMENTS: EXHIBIT B-1: EXHIBIT B-2: day of , 2017. Legal Description and Map of Area to be Annexed Pre -Annexation Agreement 11 EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED 12 Lot 2 of Gantenbein Acres & a part of the NE1/4 NW1/4, Section 8, T88N, R2E per Warranty Deed Instr. No. 6949-73, in Dubuque County, Iowa 13 EXHIBIT B PRE -ANNEXATION AGREEMENT (Insert fully executed pre -annexation agreement here) 15 EXHIBIT C POWER OF ATTORNEY FOR BARBARA A. GANTENBEIN 16 111111111111111111111111111 B111101111 I 111 Doc ID: 008666030007 Type OEN Klrd; POWER OF ATTQFNEY Socurded: 07/0S/2017 at :0:2248 AM Fon Amt: $37,00 Page 1 of 7 Dubuque County Iowa Jofin MorAhy Recorder rile2017-00008255 IOWA STATUTORY POWER OF ATTORNEY THE *WA. STATE.ZAR AS3UVA10,4 MO* Form "0120 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Jeffrey L. Walters, 2080 Southwark Court, Dubuque, IA 52003, Plume: (563) 582-2926 Taxpayer Information: (Name and complete address) Barbara A...Omni:I:01On, 13560 N. Cascade Rd.,, Dubuque, IA 52003 Return Document To: (Name and complete address) Barbara .A. Ga.nienbein, 13560 N.. Cascade Rd., Dubuque, .IA 52003 Grantors: Grantees: likirbara A. Ciamenbein Carl A. wrouy' .Ciantenbein Legal description: Document or instrument number of previously recorded documents: O Tht I tr,e4 !Palo Fo 201,1 1Cmie-'2LSIS 17 r CM !LATE BAR SEDIAATKIN Orneld Fenn No_ 1.7.01 4'e Ci ArN • Jeffrey 1,„ Waiters M FM THE Lewd, latta trl trio 1/$11 OP I " Pita MANI, CON 91.ILT VA UR LAWYER IOWA STATUTORY POWER OF ATTORNEY 1. POWER OF ATTORNEY This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal), Your agent will be able to make decisions : and act with respect to your property (including but not limited to your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is: explained in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B. This power of attorney does not authorize the agent to rnake health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify 'otherwise„ generally the agent's authority will continue until you die or revoke the power of. attorney or the agent resigns or is unable to act for you. Your agent is not entitled to compensation unless you state otherwise in the optional Special Instructions. This form provides, for designation of one 'agent. If you wish to name more than ane agent, you may name a coagent in the optional Special Instructions. Coagents must act by majority rule unless you provide otherwise in the optional Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless I you have named a successor agent. You may also name a second successor agent. This power of attorney: becomes effective immediately upon signature and ;acknowledgment unless you slate otherwise in the optional Special Instructions. If you have questions about this power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form. DESIGNATION OF AGENT 1, Barbara A. Gantcn1ein , name the following: person as my agen(: Name of Agent Carl A. 'Imy"Gentenheirt Agent's Address l3560 N. Cascade R:1„, Dubuque, IA 52003 Agent's Telephone 'Number la3) 58873266 DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) If Tny agent is unable or u:nwilling: to act for me, ! name as my successor agent: Name of Successor Agent Brian Ganteneiri arl. Brent Gantuabein Successor Agent's Address Successor Agent's Telephone Number Inwa RnIz aer 1 GANTEN3E1N, BARBARA - POA - 110714 _ . • 18 Iowa Steuthrf ['award Attorraby • ki4istti Ount If my successor agent is unable or unwilling to act for me, I name as my second successor agent: Name of Second Successor Agent Second SucCIISSOr Agent's Address Second Successor Agent's Telephone Number GRANT OF GE4ERAL AUTHORITY I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B: (Initial each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.) Real Property Tangible Personal Property Stocks and Bonds Commodities and Options Banks and Other Financial Institutions Operation of Entity or Business Insurance and Annuities Estates, Trusts, and Other Beneficial Interests Claims and Litigation Personal and Family Maintenance Benefits from Governmental Programor Civil or Military Service Retirement Plans Taxes All Preceding Subjects GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent shell not do any of the following specific acts for me unless I have initialed the specific authority listed below: (Caution: Granting any of the following will give your agent the authority to take actions that could significantly reclece your property or change how your property is distributed at your death. Initial only the specific authority you WANT to give your agent.) Amend, revoke, or terminate a revocable inter vivos trust, if authorized by the rust. Agree to the amendment or termination of any other inter \throe trust. Make a gift to an individual who is not an agent, subject to the limitations of the Iowa uniform Power of Attorney Act, lowCode section 633B,217, and any special instructions in this power of attorney. -2- 19 Make gifts, either direct or indirect, to my agent acting under this power of attorney as follows: Any such gift must be approved in writing by Of No third party approval is needed. Authorize another person to exercise the authority .granted under this power of attorney. Waive the principal's right to be a beneficiary of a joint and survivor annuity, Including a survivor benefit under a retirement plan. Exercise fiduciary powers that the principal has authority to delegate. Disclaim or refuse an interest In properly, Including a power of appointment, LIMITATION ON AGENT'S AUTHORITY An agent that Is not my ancestor, spouse, or descendant shall not use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the optionalSpecial Instructions. SPECIAL INSTRUCTIONS (OPTIONAL) You may give special instructions on the following lines: shall have the authority to request an accounting of any agent. EFFECTIVE DATE This power of attorney Is effective immediately upon signature and acknowledgment unless I have stated otherwise in the optional Special Instructions. NOMINATION OF CONSERVATOR AND GUARDIAN (OPTIONAL) If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person, I nominate the following person(s) for appointment: Name of Nominee for Conservator of My Estate. Nominee's Address Nominee's Telephone Number Name of Norninee for Guardian of My Person Nominee's Address Nominee's Telephone Number 20 RELIANCE ON THIS POWER OF ATTORNEY Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated aris invalid. SIGNATURE AND ACKNOWLEDGMENT Q. Your Signature Barbara A. Gantenhcin Your Name Printed 13560 N. Cascade Rd.. Dubuon „IA 52003 Your Address 1.56) 588-3266 Your Telephone Number December 15, 201. Date STATE OF IOWA COUNTY OF DUBUQUE This document was acknowledged before me this lcithclay of rviruNihiwr i 2014 t by Barbara A. Gantenbein 44' EFFREY L WALIERS trAnims'ion. Norrter 14.5.4ae, .7,fpnl. exp. NOV TE.201 This document prepared by Jeffrey L. Walters, 200 Sohr,ark CotirtDubuQuc,LA 52003, Phone: (563) 582-2926 • 2. IMPORTANT INFORMATION FOR AGENT AGENT s DUTIES When you accept the authority granted under this power of attorney, a special legal relationship is created between the prinolpal and you. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked, You must do all of the following: Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest. Act in good faith. Do nothing beyond the authority granted in this power of attorney. .4- 21 Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as agent in the following manner: Baebarti. A. Crinterthtin by Carl A. 'Tony" Gomel as Agent. Unless the Special Instructions in this rpDwer of attorney state otherwise, you must also do.all of the following: Act loyally for the principal's benefit. Avoid conflicts that would impair your ability to act in the principal's best interest. Act with care, competence, and diligence. Keep a record of all receipts,. disbursements, and transactions made on behalf of the principal.. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the ;principal's best interest. Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest. TERMINATION OF AGENT'S AUTHORITY You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include any of the following: Death of the principal, The principal's revocation of the power of attorney or your authority. The occurrence of a. termination event stated in the. power of attorney. The purpose of the power of attorney is fully accomplished. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special instructions in this power of attorney state that such an action will not terr6nabe your authority. LIABILITY QF AGENT The meaning of the authority granted to you is defined in the Iowa Uniform, Power of Attorney Act, Iowa Code chapter 633B. If you violate the Iowa Uniform Power of Attorney Act, lowa Code chapter 838, or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand., you should seek legal advice. 22 IOWA STATUTORY POWER OF ATTORNEY AGENTS' CERTIFICATION FORM AGENTS' CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND AGENTS' AUTHORITY STATE OF IOWA, COUNTY OP DUBUQUE I, Brian Gantenhel.n, certify und.er penalty of pet:jut:3.- that Barbara A. Gantenbein granted me authority as an agent or successor agent in a power of attorney dated December 15., 2014. 1 further certify all of the following to my knowledge: The principal is alive and has rut revoked the power of attorney or the power of attorney and our authority to act under the power of attorney have not terminated. If the power of attorney was drafted. to become effective upon the happening of art event OT contingency, the vent or c011tillgcncy has occurred. The original. Iowa Statutory Power of Attorney dated December 15, 2014, excelled. by Barham A. Gantenbein is attached hereto and by the reference trade a part hereof is the original Iowa Statutory Power of Attorney executed by Barbara A. Ciantenbein. If! was, named a$ a successor agent, the prior agent is no longer able or willing to serve as the prior agent, Carl A. "Tony" Ganteribein, died on March 11.2017. SIGNATURE AND ACKNOWLEDGMENT 1 Printed Agent's Address 9Z0 O() -nt,,,6 Jigr ; 50k_E2arAii-:( Agents Telephone Number This record was acknowledged before me on BRIAN GANTENBEIN. ADI'Latitsti "int 23 --7_(-2O)7 Date LA 911115- gnatutv of No ary Public EXHIBIT D AFFIDAVIT OF SURVIVING SPOUSE 24 111 MIMI Doc /D: D0SSOB040004 Type Fr4 Kind. AFFIDAVIT OF SURVIVIRG SPOUSE Pecorded; O7/06/2017 at 10:20 2; PI Fee Amt; e32,00 Palle 1 of 4 Dobucue County 'lova John Murphy Reoorder Fi1€2017.°600008256 AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF vitt TO REAL ESTATE Reorder's Cover Sheet Preporer lulenuatinen (name, chess and umber) Miley L. Walters, 20 Soutbpailc Court, Dultque., IA 52003, Phone: (563) 512-2926 Taxpayer lac/motion; (name complete address) Enotora A, Oamtenhein. 13560 1,1. Caws& Road, Dubuque, IA 52003 Rel,onl, Document To:, (name end complete oddly%) Batton: A. Geulerthein, 13560 N. Cascade Retell, Dubuque, IA 52003 Grantors: CARL A. GANTEN13EIN Grantem RARBA.RA A. GAIITENBEIN Legal Description; See Inge 2 Document or tostruratut Humbert ccr previously rewarded documents: DP° 25 AFFIDAVIT OF SURVIVING SPOUSE FOR CUAlsIGE OF TITLE TO REAL ESTATE " STATE OF IOWA, COUNTY OF DUBUQUE. ss: We, Brian Gantenbein and Brent Gantenbein, being first chtly sworn on oath, depose mod state as follows: 1. Our father was Carl A. Ganeenbeirr who di on March I I, 2017. Our mother is Barham A. Gantenbein and the is the surviving spouse ©f Cart A. Garttenhein. 2. The followingdeseribed real estate was owned noly by Carl A. Gentenbein and Barbra Gantenbein, as joint tenants with full rights of vorship at the tirne of Carl k Gatnenbein's deeth: TRACr 1 - Lot 2 of GANTENBEIN ACRES in Dubuque County, lowa„ emerging to the recorded Plat thr.reof. TRACT 11,. Mot put of the North East '4 of the Narah West tf. 0/Section 8, Townkfrip 1 North. Range 2 East of the 54 PAL, in Dubuque County, Iowa, described in Warranty Deed, Instrument "6949.73,, as follows: Commencing lit the Easterly line of the Huth 'West 1'4 of Section 3, Township 88 North, Range 2 East of the VI' P.M. where the Southerly right of way line of the North Cascade Road joins it, thence south along said Easterly line of distance of 204 feet, theme clue west a distance of 306 feet, thence due North to tie Southerly tight of way line °Nair! blurb Cascade Road, thence easterly to the point of beginning. 3. 'fide was conveyed to the Nurvi Ong spouse and die decedent by instrument tiled August 30. 1973 with -reference umber 6949-73 and by instrument filed on aunt 24, 2015, vith reference number of201 5-3 133. 4. I hereby request that the auditor enter this in'ionnation of the transfer banks pursuant to Section 551166 oldie Iowa Code. 5. Fonn706 United States Estate Tax return, is not required to be Merl as a result of the death of the Decedent. 6. Brien Ganienbein, Brent Gautenbein and Brenda Jansen ate the natural bom children of Cart A. Grunenbein and Barbara A. Garitenhein and have personal knowledge of the above facts.. 7. The vmdersigned, Brien Gentenbeia andhar Brent Gantenhein, are authorized to execute this AfficlaVit of Surviving Spouse as. they are the current POSIter of Attorney holders authorized to met on behalf of Barbara A. Gantenbein pursuant an Iowa Statutory Power of Attorney dated Dbiar 15, 20,1 filed 2017 as Instrument N. of the records of Dubuque County, Iowa - 3. An loam inheritance tax return is riot %Inked to be flied pursuant to Iowa Code Section 450.22 sub:swim 3.. 26 1 ankraevi) beige BRIAN GANTENBEIN as Auntacy-inTacl for 27 STATE AN BARI3ARA A. OANTENBEIN By Brent Garrtrabeirk, i Attarney-irofact (or affirmed) before me an 7/51/1? Atrarney-in-Fact for Barbara A.dantanbeM, H(1157RiE by 28 Prepared by: Laura Carstens, Citv Planner Address: City Hall, 50 W. 13th St: (563)589-4210 Return to: Laura Carstens, Citv Planner Address: City Hall, 50 West 13th St (563) 589-4210 RESOLUTION NO. 273-17 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND BARBARA A. GANTENBEIN Whereas, Barbara A. Gantenbein, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2 Gantenbein Acres and a portion of the NE 1/4, NW 1/4, Section 8, T88N, R2E per Warranty Deed Instr. No. 6949-73, Dubuque County, Iowa. Whereas, Barbara A. Gantenbein has entered into a Pre -annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Barbara A. Gantenbein and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of August, 2017. ATTEST: By: Kevin S. Firnstahl, City Clerk By: Roy D.ol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 273-17 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 8th day of August, 2017. .401 Keii-n S., Firnstahl, CMC, City Clerk 11111111 111111 ill IIIA IIIA IIIA IIIA IIIA IIIA IIIA IIIA IIIA IIIA IIIA IIII IIII Doc ID: 008687280017 Type: GEN Kind: AGREEMENT Recorded: 08/10/2017 at 03:32:48 PM Fee Amt: $87.00 Page 1 of 17 Dubuque County Iowa John Murphy Recorder Fi1e2017-00009928 Prepared by Maureen A. Quann, 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 ASSESSMENT OF COSTS OF IMPROVEMENTS THIS COVENANT AND AGREEMENT, made and entered into effective the day of - )- , 2017, between the City of Dubuque, Iowa (hereinafter called "City"), and arbara A. Gantenbein (hereinafter called "Owner"), its 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 2 of Gantenbein Acres & a part of the NE1/4 NW1/4, Section 8, T88N, R2E per Warranty Deed Instr. No. 6949-73, in Dubuque County, Iowa WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction of the City for plat approval; and, NOW, THEREFORE, the parties hereto agree that: 1. This agreement is made for the purpose of meeting the subdivision regulations and plat approval requirements of the City for approval of the subdivision plat of the Real Estate. 2. In anticipation of the possibility that the City may at some time deem it to be in the public interest to cause construction of street paving, curbs and guttering, storm sewers, water mains, sanitary sewer mains, bicycle paths, sidewalks, or any other improvement authorized by state law by means of city awarded contracts to be paid by special assessments to be levied against the Real Estate, the Owner does hereby covenant and agree that by execution of this instrument Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and each of them, shall pay and are bound to pay to the City, the costs of the aforesaid improvements assessed to the Real Estate, by action of the governing body for the City, after notice of hearing as ® 1701 provided by section 384.50 Code of Iowa, the provisions of 384.38 Code of Iowa notwithstanding. 3. It is understood and agreed that if and when the governing body of the City conducts a hearing on a proposed resolution or necessity to assess public improvement costs to the Real Estate, the Owners of the Real Estate may then appear before the governing body of the City and be heard. The foregoing provisions encumber the Real Estate described as: Lot 2 of Gantenbein Acres & a part of the NE1/4 NW1/4, Section 8, T88N, R2E per Warranty Deed Instr. No. 6949-73, in Dubuque County, Iowa 4. This covenant and agreement shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, Iienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants, unless claims to continue any interest in the covenants and filed as provided by law. The City shall have the right to file a claim to continue its interest in these covenants. 5. 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. 6. It is City's current policy that Owner may elect, at the time of annexation, to dedicate any streets on the Real Estate to City, or to maintain any streets on the Real Estate as private streets. If Owner maintains as private streets, City will not make or require improvements to bring private streets to City standards. Such policy is subject to change and may no longer be in effect at the time of annexation. 7. Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states that the owner of any house, building, or property used for occupancy, employment, recreation, or other purposes situated in City and abutting any street, alley, right of way, or easement in which there is now located, or may in the future be located, within two hundred feet (200') of the nearest property line thereof, a public sanitary sewer of the City, is required at the owner's expense to connect such facilities directly with the public 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. 2 However, no private onsite sewage treatment and disposal system will be permitted to operate for more than fifteen (15) years from its installation, unless otherwise determined by the city manager pursuant to standards adopted by the city manager. If the city manager determines at any time that the system is no longer adequate, connection to the public sanitary sewer must be made. City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in effect at the time of annexation. 8. If Owner is able and elects to receive public sanitary sewer services from the City prior to annexation, Owner will pay 1.5 times the regular City sanitary sewer rate paid by all other City residents for such services. Upon annexation, Owner will pay the regular rate paid by all other City residents for such services. Executed by the respective signatories effective the date first above written. 3 CITY OF DUBUQUE, IOWA By: /ft—t4' Roy D. Buol, M ATTEST: r Kevin S. ir s ahl, y C erk OWNER By: Brian Gantenbein Power of Attorney for Barbara A. Gantenbein On this 7 day of Adi / , 2017, before me, a Notary Public in and for said state, personally appearee Roy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and de I If ,,,,,,."4..; PAMELA J. McCAR140111 2: - r...- Commission Number 772419 t;,,,i.-- My Comm. xp. 4.-5-20/ Notary Public in State of Iowa My Commission expires -5- ZON On this 6 day of khii--V , 2017, before me, a Notary Public in and for said state personally appeared Brian Gantenbein 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. ELINDA RETTENBERGER CommIsslon Number 125255 My Comni*Ion Expires 4 o a Public in the Sta of lo My Commission expires EXHIBIT A BARBARA A. GANTENBEIN POWER OF ATTORNEY 5 1 11 F 111 Doc ID: .c ooy Tpe; OEN Kind: POWER OF ATTOR E Beearded: 07/00/2.G17 a :2245 AM Fee Pot! $37.013 Page 1f 7 Oubueue Ooenty Iowa Odin Humby Recorder File2017-00008255 IOWA STATUTORY POWER OF ATTORNEY § THE (CYNA $TATe 'EAR MSOCIATiCN Offic411Fronri $170 Recorder's Cover Sheet Preparer information: (Name, address and phone number) Jeffrey L. Walters, 2080 Soutivark Court, Dubuque, IA 52003, Phone: (563)382-2926 Taxpayer Information: (Name and complete address) Barbra -a A. Cianteabein, 13560 N. C.awadeRL, Dubuque IA 52003 Return Document To: (Name and complete address) Barbara A. Gaul:et-their), :13:560 N. Cascade Rd., Dubuque, IA 52003 Grantors: Grantees; Barbara A. Garttnbein Carl A. "Tony" Ganteravin Levi description: Document or instrument number of previously recorded documents: (5 The. !wore SiVit, A.t.c.Strri 2P1,11 6 9rATE EAR 3SMATTGIC °Meld Fenn Kla. 120 Sr" Jeffrey L. Wafters t R THE LEGAL ER -ECT 13P lige Ian OP ThUS Pam OONSULT YOUR LAWYER IOWA STATUTORY POWER OF ATTORNEY 1. POWER OF ATTORNEY This power of :attorney authorizes another person (your agent) to make decisions , concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including but not limited to your money) whether or not you are able to act for yourself. The. meaning of authority over subjects listed on this form Is explained In the Iowa Uniform Power of Attorney Act, Iowa Code chapter 6333. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of 'attorney or the agent resigns or is unable to act for you. Your agent is not entitled to compensation unless you state otherwise in the optional , Special tnstructions. This form provides for designation of one agent. If you wish to name mare than one agent, you may name a coagent in the optional Special instructions, Coagents must act by majority rue unless you provide otherwise in the optional Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent This power of attorney becomes effective immediately upon signature and acknowledgment unless you state otherwise in the optional Special Instructions. If you have questions about this power of attorney or the authority you are granting to your agent, you should seek legal advice before sighing this form. DESIGNATION CF AGENT Barbara A. Gantcnbein , name the following person as rny agent: Name of Agent Carl A.:1'01)y" Gan enbein Agent's Address 13560 N. Cascade Rd., Dubuque, R 32003 Agent's Telephone Number5,11111.W-3266 DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) If my agent is unable or unwilling to act for me, I name as my successor agent Name of Successor Agent Brian Gantenbein and/T. 43Funt Gantenbein Successor Agent's Address Successor Agent's Telephone Number Tre, Itrea Etf15 StrAtasq Ann 7mi t)titikItX...S. GANTENBEIN, BARBARA - POA - 110714 7 12,3 Ivattitory Prowtr al Attur.0:0, Asti sod Am. If my successor agent is unable or unwilling to act for me, 1 name as my second successor agent: Name of Second Successor Agent Second Successor Agent's Address Second Successor Agent's Telephone Number GRANT OF GENERAL AUTHORITY I grant my agent and any successor agent general authority to act for ritewith respect to the following subjects as defined in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B: (Initial each subject you want to include in the agents genera/ authority, lir you with to grant general authority over all of the subjects you may Initial "All Preceding Subjects" instead of initialing each subject.) Real Property Tangible Personal Property Stocks and Bonds Commodities and Options Banks and Other Financial nsttutons Operation of Entity Business Insurance and Annuities Estates, Trusts, and Other Beneficial interests Claims and Litigation Personal and Family Maintenance Benefits (rani Governmental Programs or Civil or Military Service Retirement Plans Taxes BG AD Preceding Subjects GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent shall not do any of the following specific acts for me unless have initiated the specific authority listed below: (Caution: 'Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. Initial only the specific authority you WANT to give your agent.) Amend, revoke, or terminate a revocable inter vivos trust, if authorized by the trust_ Agree to the amendment or termination of any other inter vivos trust. Make a gift to an individual who is not an agent, subject to the limitations of the towe Uniform Power of Attorney Act, Iowa Code section 633B,217, and any special instructions In this power of attorney. 8 Make gifts, either direct or indirect, to my agent acting under this power of attorney as follows: Any such gift must be approved in writing by or No third party approval is needed. Authorize another person to exercise the authority granted under this power of attorney. Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan. Exercise fiduciary powers that the, principal has a,utharityto delegate. Disclaim or refuse an interest in property, including a power of appointment, LIMITATION ON AGENT'S AUTHORITY An agent that is not my ancestor, spouse, or descendant shall not use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the optional Special Instructions. SPECIAL INSTRUCTIONS (OPTIONAL) You may give special instructions an the following lines; ml•••••01.• shall have the authority to request an accounting of any agent. .EFFECTIVE DATE This power of attorney Is effective immediately upon signature and acknowiedgmeet unless I have stated otherwise in the optional Special instructions, NOMINATION OF CONSERVATOR AND GUARDIAN (OPTIONAL) if it becomes necessary for a court to appoint a conservator of person, I nominate the frollowIng person(s) for appointment Name of Nominee for Conservator of My Estate Nominee's. Address Nominee's Telephone Number Name of Nominee for Guardian of My Person N.ominee's Address. Nominee's Telephone Number -3- 9 ye te or guardian of my RELIANCE ON THIS POWER OF ATTORNEY Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid, SIGNATURE AND ACKNOWLEDGMENT ° .4.44717,;...-?-e---7z,,,- teceirker 75, 2071... Your Signature Date Barbara A. Gantenbcin Your Name Printed 15560 N. Cascade Rd., Dubotwer, IA 52003 Your Address 15jaFi8-3266 Your Telephone Number STATE OF IOWA COUNTY OF DUBUQUE This document was acknowledged before me this _i_ithday of ogriry,42,- by Barbara A. Gantenbein A14-1311.4 C. WALTER Nirrtar 1454a Exp.. NOV 1S, ES,17 „ 2014 , This document prepared by Scfifrcy L. Walters, 2080 Stmthpark Court" Dubuque, IA 52003. ?hone; (5633 5824926 2, IMPORTANT INFORMATION FOR AGENT AGENTS DUTIES When you accept the authority granted under this power of attorney, a special legal relationship is created between the principal and you. This relationship imposes upon you legal duties that 'continue until you resign or the power of attorney is terminated or revoked, You must do all of the following: Do what you know the principal reasonably expects you to do with the principal's property or, if you do not knovo. the principal's expectations, act in the principal's best interest. Act in good faith,. Do nothing beyond the authority granted in this power of attorney‘ 10 Disclose your Identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as agent in the following manner: Barbara A. Ganteribein by Carl A. 'Tony" Q:antenhein as Agent. Unless theSpecial Instructions in this power of attorney state otherwise, you must also do ail of the following: Act loyally for the principal's benefit. Avoid conflicts that would impair your ability to act in the principal's best interest, Act with care, competence, and diligence. Keep a record of all receipts, disbursem nts, and transactions made an behalf of the principal. Cooperate with any person that has authority to make health rare decisions for the principal to do what you know the Oncipal reasonably expects or, If you do not know the principal's expectations, to act in the principal'sbest interest. Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the plincipars best interest. TERMINATION OF AGENT'S AUTHORITY You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include any of the following: Death of the principal, The principal's revocation of the power of attorney or your authority. The occurrence of a termination event stated in the power of attorney. The purpose of the power of attorney is fully accomplished. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. LIABILITY OF AGENT The meaning of the authority granted to you is defined in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B. If you violate the Iowa Uniform Power of Attorney Act, Iowa Code chapter 6335, or act outside the authority granted, you may be liable for .any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice, -5, 11 IOWA STATUTORY POWER OF ATTORNEY AGENTS' CERTIFICATION FORM AGENTS' CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND AGENTSAUTHORITY STATE OF IOWA, COUNTY OF DUBUQUE 1, Brian Gantenbein, certify under penalty of perjury that Barbara A. Ciantenbein granted me authority as an agent or .successor agent in a power of attorney dated December 15, 2014, 1 further certify ail of the following to my knowledge: The principal is alive and has not revoked the power of attorney or the power of attorney and our authority to act under the power of attorney have: not terminated. If the power of attorneywls. drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred. The original Iowa Statutory Power of Attorney dated December i5, 2014, executed by Barbara A. Oantenbein is attached hereto anti by the reference nide a part hereof is the, original Iowa Statutory Power of Attorney executed by Barbara A. Gantenbein. If 1 wase named as a successor agent, the prior agent is no longer able GT Wining to serve as tile prior agent, Carl A. "Toity" Gantenbein, died on 'March 11, 2017. SIGNATUR.E AND ACKNOWLEDGMENT —74-2017 Date Agent's Nme BRIAN GANTENBEW 50119 ..E.2,20Acc„___APQL-rjvt- Agent's Address 11° LlGO r)(06 0 Agent's Telephone Number This record was acknowledged before me 0 BRIAN GANTEN.BEIN. J0011.. HiReSt RIEOL 12 0) 5419 EXHIBIT B AFFIDAVIT OF SURVIVING SPOUSE 13 Doo IE 0038O4QOC4 Type: cu Kind: AFFIDAVIT OF SURVIVII4G SPOUSE Recorded; 07/06/2,017 at 10:2S:2R 4(1 Fee Amt: 132,00 Palm I of 4 Dubuque County Iowa Jahr Murphy Noorder Fil.2017-00008256 AFFIDAVIT OF WRY-NINO srousz FOR CHANGE OF Tr.= TO REAL ESTATE Recorder's toyer Shed Prwparcr Infornintifing (name, address and phone number) Jeffrey L Walters, 2080 Soullipurk Court, DulmAue, 52003, Thant: (563) 582-2926 Tawayer Inrormallogn (name and compilete address) Barbara A. Oantenbein, 11560 N. Cascade Road, Dubuque, IA 52003 Return Document To; (name and complete add -m.5) atubara A. Gar 13560 N. Cascade Rod. Dubuque, IA 52003 Granters: CARL A. CiANTENBEIN 'Gran:tem BARBARA A. GANTENBEIN Legal Description: See Page 2 Doconicat or instrument number of previously recorded docoment= 10' 14 AFFIDAVIT OF SURVIVING SPOUSE FOR CRAtkIGE O' TITLE TO REAL ESTATE .sTATE OF IOWA, COUNTY OF DUBUQUE. sst We, Brian fkintenhein and Brent Gantenbein, being first duly sworn on orrth„ depose attd state as follows; 1, Our father was Carl A, Gantenbein who died on March !1, 2017. Our mother I Barbara A. Gantenbein and she is the sur spouse ofCart A. Ganterthein, 2, The following described real estate was owned only by Cart A. Gaotenbein and Barbara Cientenbein. as joint tenants with MI rights of survivorship at the date of Cad A. Otratmihein's deuttr, TRACT Dot 2 of CA,ANTENBEIN ACRES in Dubuque County, Iowa, according to the recorded Plat thereof, TRACT 11. 'rho part of the North East 1114 ofthe North West A of Section 8 Tpvensiiip Rti North, Range F.ast of the 54 P.M., in Dubuque County, Iowa, descri in Warranty Deed. Instrument #6949-73, as follows: Commencing at the Easterly the of the North West $14 of Section 8, Township 88 North, Range 2 East of the 5' P.M. where the SoutherlyihjbiOr way tine of the North Cascade Road joins it, thence south along said F.asterly line of distance of 24 Tem, thence due west n distance of 306 feet, thence due North to the Southerly right of way line (Amid North Cascade Rout, thence easterly to the point of beginning. 3. 'Title Was Millteyed to the surviving spouse and the decedent by instrument fited A opal 30. 1973 willtrefereuct number 6949,73 and by instrument filed on hme 24„ 2015, with reference outrilittr,a20154134. 4. .1 hereby request that the. auditor enter this. Information nn the trarssfer bunks pursuant to Section 5$8,66 of the lows Code. 5. Forin706, United Sates Estate Tax death of the Decedent 6. Briart GanteribeliN Brent Ganienbein aml Brenda Jansen are the turtural born. children of Cart A. Gamenbein and Fleisher/A A. Cautentein and have personal knowledge of the above facts. 7. The uruiersi Brian Crantenbein audios Brent Ganicarbein, are authorized to execute this A ifit vit of Sureiving Spouse as they are est current Power of Attorney holders authorized to am on behalf of Barbera A. Gamenbein pursuant to an Iowa Statutory Power or AtiOinCY tifitta 15, 20L1 "ad 5.7:10 2017 as Instrument No, Of OM records of Dubuque County, Imva. NY .7 8, An Iowa inherhILTIM tax return is tent required to be filed pursuant to town Code Section 450.22 subsection 3. 15 Signed and sworn to,( affinned) before BRIAN GANTENBEIN. as Mammy -in -Fad for 001 L NEWT RIEK 7 16 By: Brent Oarrteribein as Aitorney-in-Fact Signed and WPM to (or affirmed) before me on 7/1CLI? OANTENREIN as Attorney -in -Fact for Barbara A.78;atter-ibe.i• Commiesrue Number 739227 17 Public by I 1011 11 11 11 Y 11 11 Doc ID 008687290016 Type GEN Kind: AGREEMENT Recorded: 08/10/2017 at 03:33:42 PM Fee Amt: $82.00 Page 1 of 16 Dubuque County Iowa John Murphy Recorder F11e2017-00009929 Prepared by Maureen A. Quann, 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 THIS and arbara assigns, COVENANT PERTAINING TO WATER SERVICE AGREEMENT, made and entered into effective the `?day of , 2017, between the City of Dubuque, Iowa (hereinafter called "City"), A. Gantenbein (hereinafter called "Owner"), her heirs, successors and 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 2 of Gantenbein Acres & a part of the NE1/4 NW1/4, Section 8, T88N, R2E per Warranty Deed Instr. No. 6949-73, in Dubuque County, Iowa 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. CITY OF DU UQUE, IOWA OWNER By: By: .� Roy D. BuoJMayor Brian Gantenbein Power of Attorney for Barbara A. Gantenbein ATTEST: Kfi S. Firnstahl, City erk On this day of , 2017, before me, a Notary Public in and for said state, personally appeared ' y D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 2 PAMELAR J. M.cCARRON Commission NumJor77219 My Comm. Exp. i -i aini 7.1? Cdh41,a) Notary Public in the to of Iowa My Commission expires 4//-5-1-01 On this 6 day of 1)(71. , 2017, before me, a Notary Public in and for said state personally appear d Brian Gantenbein, Power of Attorney for Barbara A. Gantenbein, 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. m MELINDA RETTENBERGER Commission Number 125256 Ny Commission Expires AI 3 Notary Public in the tae of / My Commission expires 47/11/r r EXHIBIT A POWER OF ATTORNEY FOR BARBARA A. GANTENBEIN 4 08D0007 Type: 05N ,d; POWER OF MAU Accorded: 07/0642017 at 10:22:48 AM Fee Amt: $37.00 Pape 1 of 7 04boque County !ova J.;:hn Murphy Recorder 11 File2017-00008255 IOWA STATUTORY POWER OF ATTORNEY THE tONA srAre.sAn AS$C,ICIAIK:14 OffitMtt Fcvm $120 Recorder's Cover Sheet Pre pa rer Information: (Name, address and phone number) ;Win), L. Wait 2080 Southpark Court, Dubuque, IA 52003, Phone: (563)382-2926 Taxpayer Information: (Name and complete addres.$) Barbara A. Ciantenbeio, 13560 N, Cascade Rd., Dubuque, IA 52003 Roturn Document To: (Name and complete address) Barbara A. Gantenhein, 13560 N. .Caseade Rd., Dubuque, IA 52003 Grantors: Grantees: .F3arbara A. Gantenbein Carl A. "Tony" Ganthrikin Legal description: Document or instrument number of previously recorded documents: * twee %:t• 13v A.m.-max 201,1 if..wi4.1'etrAS 5 T.FIE IOWA 9TATE BAR A0a0CIAT031,1' tP011.1 Fotr0 N 120 prE-vr jeffrey U. Wa 1 PM THE LEGAL.''gt.7.EtT"tf rftg UM OF TIM FOR% CONSULT YOUR LAWYER IOWA STATUTORY POWER OF ATTORNEY 1. POWER OF ATTORNEY This power of atterney authorizes another person (your agent) to make decisions concerning your property for you (the principal), Your agent will be able to make decisions and act with respect to your property (including but not limited to your money) whether or not you are able to act for yourself. The meaning of authority over subjects fisted on this form is explained I the Iowa Uniform Power a Attorney Act, lowa Code chapter 63B. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent Unless you specify otherwise, generally the agents authority will continue until you die Of revoke the power o. attorney or the agent resigns or is unable to act for you. Your agent is not entitled to compensation unless you state otherwise In the optionai Special Instructions.. This form provides for designation of ane agent. If you wish to name more than one agent, you may name a =agent in the optional Special Instructions. Coagents must act by majority rule unless you provide otherwise in the optional Special instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately upon signature and 'acknowledgment unless you state otherwise in the optional Special Instructions. If you have questions about this power of attorney or the authority you are granting to your .agent, you should seek legal advice before signing this (orm, DESIGNATION OF AGENT I, Barbara A. Gantenbein , name the following person as my agent Name of Agent Carl A. '7(-tiv," 'Gant.cnbeirt Agents Address 13560 N, Cascade RJ., DubueJA2OOE3 Ageet's Telephone Number ILD 58873266 DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) If my agent is unable or unwilling to act far me, 1 name as my successor agent: Name of Successor Agent Brian Gantelliri):Landier3rcnt GEttlienbtin Successor Agents Address Successor Agent's Telephone Number L.I.,, TirArg1.7.,.7 320-1k twlela0 :20 I a T , , ; CAN'T E NB EP.4., BARBA!' A.- ? Az 11071 4 6 120. rMa Stpkolarr Power AC10r0hy Parisei ,P.int. 277: It If my successor agent i:s unable or unwilling to act for me, 1 name as my second successor agent: Name of Second Successor Agent Second Suocaesor Agent's Address Second Successor Agent's Telephone Number GRANT OF GENERAL AUTHORITY I grant my agent and any successor :agent general authority to ac t for me with respect to the following subjects as defined in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B: (initial each subject you want to include In the agents general authority. If you wish to grant general authority over all of the subjects you may Initial "All Preceding Subjects" instead of initialingeach subject.) Real Property Tangible. Personal Property Stocks and Bonds Commodities and Options Banks and Other Financial Institutions Operation of Entity or Business insurance and Annuities Estates, Trusts, and Other Beneficial Interests Claims and Litigation Personal and Family Maintenance Benefits from Governmental Programs or Civil or Military Service Retirement Plans Taxes BG All Preceding Subjects GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent shall :not do any of the following specific acts for me unless I have initialed the specific authority listed below: (C:eution: Granting any of the following 'NM give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. initial only the specific authority you WANT to give your agent.) Amend, revoke, or terminate a revocable inter vivos trust, if authorized by the trust. Agree to the a:mendrnent or termination of any other Inter VhfOS trust. Make a gift to en individual who is not an agent, subject to the limitations of the lowUniform Power of Attorney Act, Iowa Code section 63311217, and any special instructions in this power of attorney, -2- 7 Make gifts, either direct or indirect, to my agent acting under this power of attorney as fotiows:' Any such gift must be approved in writing by No third party approval is needed. Authorize another person to exercise the authority granted under this power of attorney, Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan. Exercise fiduciary powers that the principal has authority to delegate. Disclaim or refuse an interest in property, Including a power of appointment. LIMITATION ON AGENT'S AUTHORITY An agent that is not my ancestor, spouse, or descendant shall not use my property to benefit the agent or a person to whom the agent awes an obligation of support unless I have included that authority in the optional Special Instructions, SPECIAL INSTRUCTIONS (OPTIONAL) You may give special in:structions on the following lines: shall have the authority ta requestan accounting of any agent EFFECTIVE DATE This power of attorney is effective immediately upon signature and acknowledgment unless I have stated otherwise in the optional Special Instructions. NOMINATION OF CONSERVATOR AND GUARDIAN (OPTIONAL) If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person, I nominate the following person(s) for appointment: Name of Nominee for Conservator of My Estate Nominee's Address Nominee's Telephone Number Name of Nominee for Guardian of My Person Nominee's Address Nominee's Telephone Number 8 RELIANCE ON THIS POWER OF ATTORNEY Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid, SIGNATURE AND ACKNOWLEDGMENT „x‘p ../44-176,11„ef; recarter 15, 2014 ___ Your Signature. Date Barbara A. Gantenbein Your Name Printed 135-60 N. Cascade Rd.. DubuQue, IA 52003 Your Address (563) 582-3266 Your Telephone Number STATE OF IOWA COUNTY OF DUBUQUE This document was acknow e ed before me this of _IvvvohAr by Barbara A. Gantenbein .„.„.... ........ ....„.... JEFFREY L. WALTE.R Cotries.'411 Nan -.1.6r 1454te trp., NOV 1.-4, 2.04.7 This docurnent prepared by Jcffriy L Wa1tcr, 2080 Southpark Couri Dubuque, IA 52003, Phone: (563) 582-2926 2. IMPORTANT INFORMATION FOR AGENT AGENT'S DUTIES When you accept the authority granted under this power of attorney, a special legal relationship is created between the prpal and you. This relationship imposes upon you legal duties that .continue until you resign or the power of attorney is terminated or revoked. You must do all of the following: Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest Act in good faith. Do nothing beyond the authority granted in this power of attorney. 4- 9 Disclose your ideatity as an agent whenever you act �r the principal by writing or printing the. name of the principal and signing your own name as agent in the following manner: Barbara A. Garitenboin by Carl A. "Tbnv9 Ciantenbein as Agent Unless the Special Instructions in this power of attorney state otherwise, you must also do all of the following: Act loyally for the principal's benefit. Avoid conflicts that would impair your ability to act in the principal's best interest, Act with care, competence, and diligence. Keep a record of a receipts, disbursements, and transactions made on behalf of the principal, Cooperate with any person that has authority to make health care decisions:for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's hest interest. Attempt to preserve the priecipars estate plan if you know the plan and preserving the plan is consistent with the principal's best interest. TERMINATION OF AGENT'S AUTHORITY You must stop acting on behalf of the principal if you learn of any event that terminatee this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include any of the following: Death of the principal. The principal's revocation of the power of attorney or your authorite?. The occurrence of a termination event stated in the power of attorney. The purpose of the power of attorney is fully accomplished. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal sepaaation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. LIABILITY OF AGENT The meaning of the authority granted to you is defined in the Iowa 'Uniform Power of Attorney Act, lowa Code ehapter 6335. If you vioiate the Iowa Uniform Power of Attorney Mt, Iowa Code chapter 6335, or act outside the authority granted, you may be liable for ,any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice. -5. 10 IOWA STATUTORY POWER OF ATTORNEY AGENTS' CERTIFICATION FORM AGENTS' .CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND AGENTSAUTHORITY STATE OF IOWA, COUNTY OF DUBUQUE 1,'Brian Gantenbein, certify under penalty of perjury that Barbara A. Gantenhcin granted .authority as tin agent or successor agent in a power of attorney dated December 15, 2014, further certify all of the following to my knowledge: The principal is alive and has not revoked the pOleva of attorney or the power of attorney and our authority to act under the power of attorney haw nat terminated. If the power of attorney was drafted to become effective upon the happening of an event or conting.ency, the event or contingency b3 occurred. The original Iowa Statutory Power of Attorney dated December 15, 2014, executed. by Barbara A. Oantenbein is attached hereto and by the reference made a part hereof is the original Iowa Statutory Power of Attorney exctited by Barbara A. CiantenbGin, if walx named as a successor agent. the prior agent is no longer able or wining to serve ns the prior agent, Car i A. "Tony" Gantenbeirt, died on March 11, 2017. Z Signatu ) Agent's Name 1 BRIAN .0ANTENBEIN Agent's Address -0641) Agent's Telephone Number SIGNATURE AND E This record was acknowledged before me o BRIAN CiANTENBEIN, 'L Atatittratt Nurato738227 11 -7-6-707 Date 541 2 gnatunof N EXHIBIT B AFFIDAVIT OF SURVIVING SPOUSE 12 ID: 00 040004 Ty:Re (i5C4 Kind; AFFIDAVIT OF SURVIVIN3 SPOUSE Recorded; 07/002017 at 10 :MU 41 Fee Anst ; 332 XO Pacs of 4 Dubuque County lova vIctin Murphy Be oortiiir F I It 2 017-00008256 AFF/DAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REM.. ESTATE Recorder% Cover Sheet Prepnrer Infermationt (name, address and pboue number) Jeffrey L, Walters, 2 Smullipark Court, Dubuque, IA 52003, Mona: (563) 5t2-2926 Taxpayer Inrormation: (name complete address) bora A. Gantenbeln, 13560 N. Cascade koad, Dubuque, IA 52003 Return Document To: (name and complete address) Darbare A. Crantenbein, 13.560 N. Cascade Road, Dubuque, IA 52003 Grunion: CARL A. GANTENBFIN Grarttees:;, BARDA.R.A k GANTENBEIN Legal De..ArIption; See Page 2 Document or instrument number of prefkuoly recorded documents: 13 AFFIDAVIT or SURVIVING SPOUSE FOR CTIANGE OF TITLE TO REAL ESTATE ' STATE OF IOWA, COUNTY OF DUBUQUE, ss: We, Brian Onntenbein and Brent Gantenbein, being ft duly sworn on oath, depose sod state as follows: L Our father was Carl A. Guntenbeirt who died on March I I, 2017. Our mother is Barbara A. Gantenbein and she is the surviving spouse of Carl A. Gantenhein. 2. The following described real estate was owned only by Cad A. Gantenhein and Barbara Gantenbein, us joint tenants wfth full rights asurvivnolip at the time of Carl A. Goanenbeinis death: TRACT- I. Lot 2 OGANTENBEIN ACRES in Dubuque Csourity, Iowa, according to the recorded Plat thereof. TRACT IL That part ofthe North East 14 °file North West 14 of Section 8, Township BS North, Range 2 East of the 56' P.M., in. :Dubuque County, Iowa, described in Warranty Deed. Instrument W6949-73. es Ibliows: Commencing at the Easterly line of the North West !/.% (if Section 8, 'fownship 88 North, : get 2 East of the 5"4P.M. where the. Southerly. rigid away tine of the North Cascade Road joins it, thence south along said;Easterly line of distance of :204 feet, Ileum duo west u distance of 3o6 feet, thence due North to the Southerly right of way line orseirl North Cascade Road, thence easterly to the point ofbegiming. 3. 'fide was conveyed to the surviving spouse and the decedent by instrument Med August 30. 19n with reference. number 6949-73 and by instrument Bled oniune 24, 2015with reference number or 2015-84 38, 4. I hereby request that the auditor enter this information on the transfer books pursuant to Section 558.66 (tette Iowa Code. 5. Fortn706, Untied States Estate Tax mum., N not required to be Med a a result of the death of the Decedent 6. Brian GeniEnhein, Brent Gardenbein and Brenda Jansen are the natural boa children of Carl A. Gantenbein and Barbera A. Cantenhein and have pers,onal kuovirledge of the above facts, 7. The krndersignvi, Brian Trainers:bent ancifor :Brent Gantenbein, n authothed to execute this A Mita* of Surviving Spouse as they arc the current Power or Miumy holders authorized to att dal behalf of Barbara k Gattlen4ViTi piErSIMIIT to an lova Statutory Power of Attorney dated Decoi4er I5„ 2014111ed j1 2017 as Instrument No. 90-1„KtaZ oldie records Of Dubuque County, Iowa, & An Iowa inberinutce tax ram is not required to be filed pursuant to tuft Code Section 450.22 subsection 3. 14 A A. N By; Brian Clantenboin, as Attornoy-hr-Fact Sitacd and sworn to (or riffirroad) beo BRIAN CANTENBEIN as Arteency-in-Fact ro 15 STATE F COu BARBARA A. ciMTENBIN Brent Gantonbeh as Attomey-io-Fact Signed and SWIM to (or offutued) before me on 7/C/17- 171 BRENT OANTEM3EfN as Attoroty-in-Fact for ItarbaraA:76;;;lefic 16 iic