Pre-Annexation Agreement - Mathy Construction Copyrighted
January 22, 2019
City of Dubuque Consent Items # 11.
ITEM TITLE: Pre-Annexation Agreement- Mathy Construction
SUMMARY: City Manager recommending approval of a Pre-Annexation
Agreement with Mathy Construction Company for property
located at 4900 Dodge Street, which is located outside the
City limits.
RESOLUTION Approving a Pre-Annexation Agreement
between the City of Dubuque, lowa and Mathy Construction
Company
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Mathy Construction Pre-Annexation Agreement- MVM City Manager Memo
Memo
Staff Memo Staff Memo
Applicant Letter Supporting Documentation
Vicinity Map Supporting Documentation
Pre-Annexation Agreement Supporting Documentation
Resolution Resolutions
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre-Annexation Agreement — Mathy Construction Company
DATE: January 14, 2019
Planning Services Manager Laura Carstens recommends City Council approval of a
Pre-Annexation Agreement with Mathy Construction Company for property located at
4900 Dodge Street, which is located outside the City limits. Mathy Construction
Company has requested connection to City water and sanitary sewer, which requires a
pre-annexation agreement. 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
Cori Burbach, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CTTY OF Dubuque
DuB E �'��
Masterpiece on the Mississippi , I I I IA'
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TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre-annexation Agreement — Mathy Construction Company
DATE: January 15, 2019
INTRODUCTION
This memo transmits for City Council review and approval, a pre-annexation agreement
with Mathy Construction Company, property owner, for 66.56 acres of property located
outside the City limits. Mathy Construction Company has requested connection to City
water and sanitary sewer, which requires a pre-annexation agreement. 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 connecting to City utilities, a pre-annexation agreement must be signed
due to the request to connect to City water and sanitary sewer. 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 Mathy Construction Company Pre-
Annexation Agreement, and authorize the Mayor to sign the agreement on behalf of the
City of Dubuque.
Attachments
cc: Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Denise Ihrig, Water Department Manager
o,�g1AUC1/Oy� MATHY CONSTRUCTION CO. �
� GENERAL CONTRACTORS
�yA�ASNa�g 920 10TH AVE. N. • POST OFFICE BOX 189 • ONALASKA,WISCONSIN 54650
PHONE 608-783�411 • FAX 608-783-4311
October 24, 2018
Wally Wernimont
Assistant Planner, City of Dubuque
50 West 13t^St.
Dubuque, IA 52001-4864
Re: Weber Quarry, Parcel # 1032200009
Dear Wally,
Recently, River City Paving, a Division of Mathy Construdion, constructed a new testing
laboratory at our Weber Quarry located at 4900 Dodge Street, Lot 3 of Weber Acres, Parcel ID
number 1032200009.
We would like to request permission to make connedions to the City of Dubuque water and
sanitary sewer systems. It is our understanding that we will need to sign a pre-annexation
agreement in order to make the utility connections.
Would you please process this request to your appropriate departments and send an
agreement to us so that we can execute it and finish the construction on our lab building?
Thanks for all your help in this matter.
Sincerely,
0!
Tim Jo s
I
Co-President
AN EOUAL OPPORTUNITY EMPLOYER
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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. 25-19
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MATHY CONSTRUCTION COMPANY
Whereas, Mathy Construction Company, 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 three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2
East of the in Section 4, Township 88 North, Range 2 East of the 5th P.M., in Dubuque
County, Iowa, according to the United States Government Survey and the recorded Plat
thereof, subject to easements of record.
Whereas, , Mathy Construction Company 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 Mathy Construction
Company and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 22nd day of January 2019.
Attest:
Kevin S!'Firnstahl, Citytlerk
Roy D. Buol, Mayor
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Doc ID 010237470017 Type GEN
Kind: AGREEMENT
Recorded: 01/24/2019 at 03:07:16 PM
Fee Amt: $87.00 Page 1 of 17
Dubuque County Iowa
John Murphy Recorder
File2019-00000917
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
MATHY CONSTRUCTION COMPANY
his Pre -Ann xation Agreement (the "Agreement"), dated for reference purposes
th- o ' day of . ,,er , 20 ,fiis made and entered into by and between
the City of Dubuc( e, Iowa ("City") and Mathy Construction Company ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
Lot Three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2
East of the 5th P.M., in Dubuque County, Iowa, according to the United States
Government Survey and the recorded plays thereof, subject to easements of
record.
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 he 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
no° ® caAipikuskAj_vj
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.
5 TION 2. < TERM.
, 20
The term of this Agreement is from the %' day of
until the annexation of the Real Estate to City is final.
SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this
Agreement, will submit to the City Clerk a Petition for Annexation of the Real Estate by
City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to
the City Council for consideration at such time and under such circumstances as the
City Council deems appropriate, and comply with the requirements of Iowa Code
Chapter 368. Pursuant to Iowa Code §368.7(e), upon execution of this Agreement,
Owner hereby waives the right to withdraw or rescind the Petition and hereby waives
the right to withdraw its consent to the Petition and waives its right to object to
annexation.
SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees
that the resolution approving the annexation application shall provide for the transition
for the imposition of City taxes against the Real Estate. The Real Estate shall be
entitled to the following partial exemption from taxation for City taxes for a period of ten
(10) years following the final order of the City Development Board, if such annexation
requires approval by the City Development Board, after the exhaustion of any and all
appeals from the action of the Board by any person or the expiration of the time within
which such appeals may be brought, approving the voluntary annexation of the property
shown on Exhibit A:
1. For the first and second year, seventy-five percent (75%).
2. For the third and fourth year, sixty percent (60%).
3. For the fifth and sixth year, forty-five percent (45%).
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 the
regular City water rate paid by all other City residents for such services.
6.4 If Owner, Owner's heirs, successors and assigns, including but not limited to the
future owners of the Real Estate own, operate, and maintain a private well or water
system to supply water to the Real Estate, Owner, Owner's heirs, successors and
assigns, including but not limited to the future owners of the Real Estate will be allowed
to keep, maintain, and replace such well or water system indefinitely upon annexation, if
Owner, Owner's heirs, successors and assigns, including but not limited to the future
owners of the Real Estate choose to do so. However, such a pre-existing well will be
allowed for non -potable water only. Potable water will be provided by City water
services.
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.
3
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 the regular City sanitary sewer rate paid by all other
City residents for such services.
SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successors and assignees and shall
be recorded with the Real Estate and will apply to any subsequent plats and/or
subdivisions of the Real Estate.
SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is
held invalid, such invalidity shall not affect any of the other provisions contained herein.
4
SECTION 10. DEFAULT.
10.1 Failure by Owner to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement constitutes an Event of Default.
10.2 Whenever any Event occurs and is continuing, City may take any one or more of
the following actions after giving written notice by City to Owner of the Event of Default,
but only if the 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
Mathy Construction Company
920 10th Avenue N
PO Box 189
Onalaska, WI 54650
SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City Council of Dubuque, Iowa in its sole discretion.
5
CITY OF DUBUQUE, IOWA
MATHY CONSTRUCTION COMPANY
By: By:
Roy D. Buol, r.yor Tim Jon , Co -President
ATTEST:
Kevin('S. Firnstahl, City Clerk
On this . day of 11/4iii1%4„' . , 201.1-refore me, a Notary Public in and for
said state, personally aleared •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 anJ-deed.
PAMELA J. McCARRON
Commission Number 7724 V9
My Comm Exp._- -zp
a
Notary Public ipf he State of Iowa
My Commission expires 5';6
On this 1 8th day of December , 2018, before me, a Notary Public in and for
said state personally appeared Tim Jones, 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.
6
Not Public in the State GM Wisconsin
La Crosse County
My Commission expires 03/17/2019
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
Lot Three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2 East of the 5th
P.M., in Dubuque County, Iowa, according to the United States Government Survey and the
recorded plays thereof, subject to easements of record.
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9
DATE FILED
EXHIBIT B
PETITION FOR ANNEXATION
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioners Respectfully 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 , 2014.
Telephone: 563- Telephone: 563 -
Subscribed and sworn before me this
Notary Public
ATTACHMENTS:
EXHIBIT B-1:
EXHIBIT B-2:
day of , 2014.
Legal Description and Map of Area to be Annexed
Pre -Annexation Agreement
10
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
11
Lot Three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2 East of the 5th
P.M., in Dubuque County, Iowa, according to the United States Government Survey and the
recorded plays thereof, subject to easements of record.
12
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EXHIBIT B-2
PRE -ANNEXATION AGREEMENT
(Insert fully executed pre -annexation agreement here)
14
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. 25-19
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MATHY CONSTRUCTION COMPANY
Whereas, Mathy Construction Company, 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 three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2
East of the in Section 4, Township 88 North, Range 2 East of the 5th P.M., in Dubuque
County, Iowa, according to the United States Government Survey and the recorded Plat
thereof, subject to easements of record.
Whereas, Mathy Construction Company 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 Mathy Construction
Company and the City of Dubuque is hereby approved.
Passed, approved, and adopted this 22nd day of January 2019.
Attest:
Kevin 'Firnstahl, City Clerk
D
Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 25-19 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 23rd day of January, 2019.
Kevin Firnstahl, CMC, City Clerk
11
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10111i
111
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11
Doc ID: 010237480003 Type GEN
Kind: AGREEMENT
Recorded: 01/24/2019 at 03:08:27 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
F11e2019-00000918
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 PERTAINING TO WATER SERVICE
HIS GREEMENT, made and entered into effective th :.,,r '� day of
201,8'Pbetween the City of Dubuque, Iowa (hereinafter called "City"),
nd Mathy L,onstruction Company (hereinafter called "Owners"), their 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. Three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2
East of the 5th P.M., in Dubuque County, Iowa, according to the United States
Government Survey and the recorded plays thereof, subject to easements of
record.
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
1
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
By:
Roy D. B Mayor
UQUE, IOWA
9
ATTEST:
Kevi
S. Iirnstah1, City Clerk
2
MATHY CONSTRUCTION COMPANY
By:
Tim Jo'-., Co -President
On this day of Ilii 1 , 2018',, before me, a Notary Public in and for
q
said state, personally apared Ro 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 ed.
PAMELA J. McCARRON
Commission Ntuntr772419
My Comm. Exp. 4--5—.204
Notary Public in
aria,
e State of Iowa
My Commission expires
On this 18th day of December , 2018, before me, a Notary Public in and for
said state personally appeared Tim Jones 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.
3
Not y Public in the State of Wisconsin
La Crosse County
My Commission expires 03/17/2019
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Doc ID 010237490004 Type GEN
Kind: AGREEMENT
Recorded: 01/24/2019 at 03:09:44 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2019-00000919
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, A52001 563-589-4381
Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4120
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
HIS C•VENANT AND AGREEMENT, made and entered into effective the
day of At,,te , 20),e9between the City of Dubuque, Iowa (hereinafter
called "City"+;' and the lyiathy Construction Company (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 Three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2
East of the 5th P.M., in Dubuque County, Iowa, according to the United States
Government Survey and the recorded plays thereof, subject to easements of
record.
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
andlat
p approval requirements of the City for approval of the subdivision plat of the
Real Estate.
ii
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, pau �s, sicaewaiKs, or any other
improvement authorized by state law by means of city awarded contracts to be paid by
special assessments to be levied against the Real Estate, the Owner does hereby
covenant and agree that by execution of this instrument Owner, its heirs, successors
and assigns, including purchasers of the Real Estate, and each of them, shall pay and
are bound to pay to the City, the costs of the aforesaid improvements assessed to the
Real Estate, by action of the governing body for the City, after notice of hearing as
provided by 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 Three of Weber Acres in Sections 29 and 32, Township 89 North, Range 2
East of the 5th P.M., in Dubuque County, Iowa, according to the United States
Government Survey and the recorded plays thereof, subject to easements of
record.
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,
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 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.
2
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.
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 the regular City sanitary sewer rate paid by all other
City residents for such services.
Executed by the respective signatories effective the date first above written.
CITY OF DU = QUE, IOWA OWNER
By:
Roy D. Buoy ayor
ATTEST:
Kevin ,p. Firnstahl, City `Clerk
3
By.
Tim Q nes, Co -President
q
On this day
ofiL , 201 e,"
fore me, a Notary Public in and for
said state, personally apftared Ro, D. Buol and Kevin S. Firnstahl known to me to be
the person(s) named in . rd who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
PAMELA J. McGiAHROM
Commission Number 772419
My Comm. Exp
Notary Public
My Commission expires 4-5—,7706;2/
~-,7706;2r
On this 1 8th day of December , 2018, before me, a Notary Public in and for
said state personally appeared Tim Jones known to me to be the person(s) named in
and who executed the foregoing instrument, and acknowledge that they executed the
same as their voluntary act and deed.
NOTARY
PuBUC
4
Not j Public in the State ofiema Wisconsin
La Crosse County
My Commission expires 03/17/201 9