Pre-Annexation Agreement with Bartels and Oberbroeckling Copyrighted
September 16, 2019
City of Dubuque Consent Items # 11.
ITEM TITLE: Pre-AnnexationAgreementwith Bartels and
Oberbroeckling
SUMMARY: City Manager recommending approval of a Pre-Annexation
Agreementwith Merlin C. Bartels, Dean H. Bartels and
Joan M. Bartels, property owners, and contract buyer Ned
Oberbroeckling, for property located at 15397 North
Cascade Road, in conjunction with their request to connect
to Citywater.
RESOLUTION Approving a Pre-AnnexationAgreement
between the City of Dubuque, lowa and Merlin C. Bartels,
Dean H. Bartels and Joan M. Bartels and Ned
Oberbroeckling
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Bartels and Oberbroeckling Pre-Annexation City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
Vicinity Map Supporting Documentation
Pre-AnnexationAgreement Supporting Documentation
Resolution Resolutions
Dubuque
THE CITY OF �
uI�AaMca cih
DuB E � �
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Maste iece on the Mississi i Zoo�•zoiz•zois
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre-Annexation Agreement — Merlin C. Bartels, Dean H. Bartels and
Joan M. Bartels
DATE: September 10, 2019
Planning Services Manager Laura Carstens recommends City Council approval of a
Pre-Annexation Agreement with Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels,
property owners, and contract buyer Ned Oberbroeckling, for property located at 15397
North Cascade Road, in conjunction with their request to connect to City water. There
is no plan to annex the property at this time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
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
Dubuque
THE CITY OF
� AI4AmerisaCih
�UBZ�LTE '��� �j►
MGiStE 12CE OYE the M1551551 1 zoo�•zoiz�zoi3
rP PP zol�•zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager `�-�
SUBJECT: Pre-annexation Agreement— Merlin C. Bartels, Dean H. Bartels and Joan
M. Bartels
DATE: September 10, 2019
INTRODUCTION
This memo transmits for City Council review and approval, a pre-annexation agreement
with Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels, property owners, and
contract buyer Ned Oberbroeckling in conjunction with their request to connect to City
water. This agreement and related materials are attached.
DISCUSSION
The 5.25-acre subject property is located at 15397 North Cascade Road in Dubuque
County, and as part of connecting to the City's water main, a pre-annexation agreement
must be signed. There is no plan to annex the property at this time. In accordance with
this requirement, Legal staff has prepared the attached pre-annexation agreement, with
the standard ten-year transition in City's share of property taxes as an incentive.
RECOMMENDATION
I recommend that the City Council approve the Merlin C. Bartels, Dean H. Bartels and
Joan M. Bartels 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
Dubuque
THE CITY OF ketd
AlAmmo City
DUB E '��II�;
20072012.2013
Masterpiece on the Mississippi 2017+2019
Vicinity Map
Applicant: Merlin C. Bartels, Dean H.
Bartels and Joan M. Bartels
and Ned Oberbroekling
Location: 15397 North Cascade Road
Proposal: Pre -Annexation Agreement
Subject Property
0 130 260 520
Feet
N
A
1:5,000
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. 331-19
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MERLIN C. BARTELS, DEAN H. BARTELS AND JOAN M.
BARTELS AND NED OBERBROECKLING
Whereas, Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned
Oberbroeckling, the owners and contract buyer 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 3 of the NW 1/4 of the NE 1/4 of Section 13, T88N, R1 E of the 5th P.M. in
Dubuque County, Iowa, according to the United States Government Survey and
the recorded plats thereof, subject to easements and agreements of record.
Whereas, Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned
Oberbroeckling have entered into a Pre -annexation Agreement with the City of
Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost-effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Merlin C. Bartels, Dean
H. Bartels and Joan M. Bartels and Ned Oberbroeckling and the City of Dubuque is
hereby approved.
Passed, approved and adopted this 16th day of September 2019.
By.
ATTEST:
By:
Kevin S. Firnstalil, City Clerk
QLi
Roy puol, Mayor
i !Ishii iiiiii iii IIIII IIIII si!II IIIII hili hili hili siiii hili oiioi hili ilii ilii
Doc ID: 010354560018 Type: GEN
Kind: AGREEMENT
Recorded: 09/18/2019 at 04:07:41 PM
Fee Amt: $102.00 Page 1 of 18
Dubuque County Iowa
John Murphy QRecorder i i
Fi1e2®19-0001 1 141
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
MERLIN C. BARTELS, DEAN H. BARTELS, AND JOAN M. BARTELS
AND
NED OBERBROECKLING
P -Ann atio Agreement (the "Agreement"), dated for reference purposes
the day of 1% , 2019, is made and entered into by and between
the City of Dubuque, Iowa ("City") and Merlin C. Bartels, Dean H. Bartels, and Joan M.
Bartels and Ned Oberbroeckling (collectively "Owner").
Whereas, Owner is the legal owner of real estate legally described as:
Lot 3 of the NW 1/4 of the NE 1/4 of Section 13, T88N, R1 E of the 5th P.M. in Dubuque
County, Iowa, according to the United States Government Survey & the recorded
plat thereof, subject to easements and agreements 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 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
(31).0T
C) -4 -LA 0F ►7�,�ti. P et:nr‘, r c�
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 servicesto 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
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 niay 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
Merlin, Dean, and Joan Bartels
15238 North Cascade Road
Peosta, Iowa 52001
Ned Oberbroeckling
2506 Queen Street
Dubuque, Iowa 52001
SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City Council of Dubuque, Iowa in its sole discretion.
5
named in and who executed the foregoing instrument, and acknowledge that they
executed the same as their voluntary act and deed.
SHERI A. CLANCV
CO ,1ISSION # 192502
MY COMMISSION EXPIRES
`�11 1ca 3.1
7Ske,t; a Ca-,
Notary Public in the St e of Iowa
My Commission expires ' f/7/d/
On this 503/1-\ day of Kvt utss- , 2019, before me, a Notary Public in and for
said state personally appered Joan M. Bartels, 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.
SHERO A. CLANCY
COMMISSION # 192502
MY COMMISSION EXPIRES
Notary Public in the Stat2f Iowa
My Commission expires q7/GiaI
On this day of ,.
di 1_ ,�i _ , 2019, before me, a Notary Public in and for
said sta e personally apoeared Ned Oberbroeckling, 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.
7
otary Public in the State
My Commission expires
Lot 3 of the NW 1/4 of the NE 1/4 of Section 13, T88N, R1 E of the 5th P.M. in Dubuque County,
Iowa, according to the United States Government Survey & the recorded plat thereof, subject
to easements and agreements of record.
9
001
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sdiNsuAol renins pu t 31gnd
IAI OZ: g:6 6 4J V 6VL
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 , 2019.
Telephone: 563- Telephone: 563 -
Subscribed and sworn before me this
Notary Public
ATTACHMENTS:
EXHIBIT B-1:
EXHIBIT B-2:
day of , 2019.
Legal Description and Map of Area to be Annexed
Pre -Annexation Agreement
11
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREAL TO BE ANNEXED
Lot 3 of the NW V4 of the NE 1/4 of Section 13, T88N, R1 E of the 5th P.M. in Dubuque County,
Iowa, according to the United States Government Survey & the recorded plat thereof, subject
to easements and agreements of record.
13
-.1.
4:=.
devq q9AA 910V
EXHIBIT B
PRE -ANNEXATION AGREEMENT
(Insert fully executed pre -annexation agreement here)
15
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. 331-19
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MERLIN C. BARTELS, DEAN H. BARTELS AND JOAN M.
BARTELS AND NED OBERBROECKLING
Whereas, Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned
Oberbroeckling, the owners and contract buyer 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 3 of the NW '/ of the NE 1/4 of Section 13, T88N, R1 E of the 5th P.M. in
Dubuque County, Iowa, according to the United States Government Survey and
the recorded plats thereof, subject to easements and agreements of record.
Whereas, Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned
Oberbroeckling have entered into a Pre -annexation Agreement with the City of
Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost-effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Merlin C. Bartels, Dean
H. Bartels and Joan M. Bartels and Ned Oberbroeckling and the City of Dubuque is
hereby approved.
Passed, approved and adopted this 16th day of September 2019.
ATTEST:
By.
Roy Buol, Mayor
By:
KeviWi S. FirnstahI, City Clerk
CERTIFICATE of tie 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. 331-19 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 17th day of September, 2019.
Keyfn S. Firnstahl, CIVIC, City Clerk
3112111111111111111#111 1111111111111111111
Doc ID: 010354580004 Type: GEN
Kind: AGREEMENT
Recorded: 09/18/2019 at 04:08:16 PM
Fee Amt: $32.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2019-00011143
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
THIS A REEMENT, made and entered into effective the .Pday of
1t4I6i151 , 2019, between the City of Dubuque, Iowa (hereinafter called "City"),
and Merlin C. Bartels, Dean H. Bartels, and Joan M. Bartels and Ned Oberbroeckling
(hereinafter collectively 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 3 of the NW '/4 of the NE '/4 of Section 13, T88N, R1 E of the 5th P.M. in Dubuque
County, Iowa, according to the United States Government Survey & the recorded
plat thereof, subject to easements and agreements 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
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
C:% -...t -LA op 'Duh'. 1Qn \% - c
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 recordin 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. Buol
ATTEST:
UQUE, IOWA
ayor
;ty ` Ierk
Kevi : . Firnstahl;
OWNER
By: e6741,, 410
Merlin C. Bartels
By:
Dean H. Bartels �-
BY: azr41 ,
Jo M. Bartels
By:
Ned Oberbroeckling
On this day of !„4,r►'; , 2019, before me, a Notary Public in and for
said state, personally appeare4 Roy D. Buol and Kevin S. Firnstahl known to me to be
2
the person(s) named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
top P
PANEL p, J. McCAFRRO
Commission Number 772419
My Comm. Exp. 4-67--.0g/
Notary'Public in the f'Ee of Iowa
My Commission expires
On this 30441 day of Nvolusl- , 2019, before me, a Notary Public in and for
said state personally appeared Merlin C. Bartels 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.
SHERI A. CLANCY
COMMISSION # 192502
MY COMMISSION EXPIRES
Lb
Notary Public in the State of Iowa
My Commission expires 906/aA
On this 5001 day of ks , 2019, before me, a Notary Public in and for
said state personally appear d Dean H. Bartels 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.
SHERI A. CLANCY
COM ,iISSION # 192502
MY COMMISSION EXPIRES
916'
75711.e.;
Notary Public in the Statgof Iowa
My Commission expires 9101.9-1
On this 3b6 day of i�vzws� , 2019, before me, a Notary Public in and for
said state personally appeared Joan M. Bartels 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.
SHERI A. CLANCY
COM-rISSION # 192502
MY COMMISSION = !RES
at
On this Ater day of
said state personall appe
F91.12,cA
Q Com,
Notary Public in the Sthate of Iowa
My Commission expires 9ii0/01-1
2019, before me, a Notary Public in and for
ed Ned Oberbroeckling known to me to be the person(s)
3
named in and who executed the foregoing instrument, and acknowledge that they
executed the same as their voluntary act and deed.
0.• WILLIAM A. LANSING
COmmission Number 735568
My Commission
July 21, 2020Expires
4
Nary Public in the St
f Iowa
My Commission expires
c>2 (9,70
"11111111111111311111
i
Doc ID: 010354570004 Type:
Kind: AGREEMENT
Recorded:
1 of 04:07:51:PM
FeeAmt: $32.00 Page
Dubuque County Iowa
John Murphy Recorder
Fi1e2019--00011142
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Kevin S. Fimstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4120
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
THIS COV ANT AGREEMENT, made and entered into effective the
day of Reolff , 2019, between the City of Dubuque, Iowa (hereinafter
called "City"), and the Merlin C. Bartels, Dean H. Bartels, and Joan M. Bartels and Ned
Oberbrockling (hereinafter collectively 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 3 of the NW 1/4 of the NE 1/4 of Section 13, T88N, R1 E of the 5th P.M. in Dubuque
County, Iowa, according to the United States Government Survey & the recorded
plat thereof, subject to easements and agreements of record.
WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction
of the City for plat approval.
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
1Cl• Do
CAtt 0C 0143. Ptar,1\11
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 3 of the NW 1/4 of the NE 1/4 of Section 13, T88N, R1 E of the 5th P.M. in Dubuque
County, Iowa, according to the United States Government Survey & the recorded
plat thereof, subject to easements and agreements 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.
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,
2
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 DUB, QUE, IOWA
By:
Roy D. Buo ayor
ATTEST:
c
Kevin/ Firnst ' 1, _ ity Jerk
OWNER
By: 01,,,a.„ c
Merlin C. Bartels
By:
Dean H. Bartels
By: 14 04---4-d—,'/
Ned Oberbroeckling
On this day of 4.014. e , 2019, before me, a Notary Public in and for
said state, personally appeare 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 deed.
PAMELA J. McCARRON
Commission Num�b�cr 772419
My Comm. Exp. i v
3
Notary Public :i
W47
to of Iowa
My. Commission. expired
On this 3 day of knvia , 2019, before me, a Notary Public in and for
said state personally appeared Merlin C. Bartels, 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.
,2011111119,
�PR1A. ,,ct, SHERI A. CLANCY
z° COMA/19910N # 192502
MY COMMISSION EXPIRES
LW,
°1 40 a
>,
akk
Notary Public in the S
ate of Iowa
My Commission expires 9 itga-f
On this '30.1LN day of N�� , 2019, before me, a Notary Public in and for
said state personally appeared Dean H. Bartels, 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.
i0WA
SHERI A. CaANCY'.
COP MISSION # 192502
MY COMMISSION EXPIRES
9 10 :fl
0
Notary Public in the State of Iowa
My Commission expires
//o/d /
On this Wl- day of 0.%V , 2019, before me, a Notary Public in and for
said state personally appeared Joan M. Bartels, 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.
SER A. CLANCY
COMiSS!ON # 192502
MY C MA/43.510N EXPIRES
c‘ Ib'ci-I
On this ►Zw' day of I ;tom 2019, before me, a Notary Public in and for
said state personall app- red Ned Oberbroeckling, 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.
ala a
Notary Public in the St4te of Iowa
My Commission expires ci(,i /./
4
o ary Public in the Stat
My Commission expires
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