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Appeal of Pre-Annexation Agreement by Gary Valentine Copyrighted J uly 20, 2020 City of Dubuque Action Items # 2. City Council Meeting ITEM TITLE: Appeal of Pre-Annexation Agreement by Gary Valentine SUM MARY: Gary Valentine, 11429 Edval Lane, requesting exemption from a pre- annexation agreement with the City. SUGGESTED Suggested Disposition: Receive and File; Referto City Manager DISPOSITION: ATTACHMENTS: Description Type Gary Valentine Pre-Anne�tion Appeal Request Supporting Documentation REVISED Ctiy Manager Memo City Manager Memo Staff Memo- City Attorney Staff Memo Staff Memo- Planning Services Staff Memo 2018 Anne�tion Study Supporting Documentation Valentine Place No. 4 Plat Supporting Documentation Vicinity Map Supporting Documentation Pre-Anne�tion Agreement Supporting Documentation CovenantAssessment of Costs of Improvements Supporting Documentation Covenant Pertaining to Water Service Supporting Documentation Kevin Firnstahl From: Citizen Support Center <dubuqueia@mycusthelp.net> Sent: Wednesday, July 1, 2020 3:37 PM To: Kevin Firnstahl Subject: "Contact Us" inquiry from City of Dubuque website Contact Us Name:Gary Valentine Address: 11429 Edval Lane Ward: Phone:5635131366 Email:gvalentine3@yahoo.com City Department: City Council Message: I am requesting to be on the city counsels agenda 7-6-20 to ask for an exemption from signing a pre-annexation agreement with the city. I am trying to split approximately 1.7 acres from my farm for my son to build a home so he can stay near the farm to help operate.This parcel is in the county. It has been approved by the county zoning board and the board of Supervisors. For the city to agree to this they insist my son and I sign a pre-annexation agreement for this lot and the lot that it is being taken from,which is over 100 acres and has my home and farm buildings on it. Forty eight acres of this lot are already annexed into the city of Dubuque adjacent to Creekwood Dr. It was voluntarily annexed in approximately 2006 to accommodate a second access to Tymber Hurst Subdivision. I also have granted easements for storm water impoundment to the city on my property. I have requested the exemption from Mike VanMilligan and he has denied it. I believe that with almost half of this lot already in the city that I should be granted the exemption. I think that as a land owner I should have the option to decide when I want to annex my land and not give up that right. I would welcome the opportunity to explain this more at the meeting on July 6-2020. Thank you, Gary Valentine 563-513-1366 gvalentine3@yahoo.com Click here to report this email as spam. i Final Plat of: �lALENTINE PLACE N0. 4a 'J�e Cii_,; of Dubuque & in Dubuque County, lowa � � � I " I �� ,, � �� .�-�—=�� ,�.� -- � � N,. <h � ,��,�,� „z� � F "�r, � �>; �.t ,� - �,� �� -, �� m�� --- � � �� ,� '° - 9., ° M1 � � � ��R��F � i � �� F o � �,m� � � �� 5 4 ' � � �� v ve. r� .._,:, s :S.I � i�. �� .. �'a�! ��,AoA'o�bi�� s�o�n��2� E I;, � „ \ .�,n�y.,; � E � � '� � E _ F m ' ,f[ , '�y c�'h��tuv�� I .�, ax3 aol'a�a 9a)` f l ` �� , .m� �� P' fj"`� �i ,.�"' s aa-�«2'so'w so�sa(sm t�')' � .1 �'�'� ; � ', � I t�:w i'.� , ��.., s�.,,,„�s.;i_,n��2�s t . 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CHORD CHORD ■ s/e'aoo w/reu.aw ua M�aize SCALE: 1" = 200' LENGTH LENGIIi BEARING O Vz'Roo w/reuaw cnP qssos C�—A ZS�O4�OS�� 1208.50' S92.G3"�.302.08' S86.12' S27'27'28"E Q PLhCED 5/9"IRON REROD W/ORANGE P�ASPC CAP MARNE�"KOELKER 1548]" Ci-B 04'S3'55" 1175.50' 100.50'�50.28' 100.47',509'S2'23"E suaverrco awHona7�wE C1-C 23'37'42" 7142.50' 471.16'�238.97',467.82'�'N23'40'40"W PRo=ERniwE p��S'�� ___ROW __ R�GHT OF WAY�INE d�p550CIATES INC. iP iRON PIPE . , pRpyyppy� � W/AI N1T1 ANGLE IRON PIPE �p u ( J RECORO DIMENSON � �(ss.f;55 � —CL—CL— CORPORAl10N UMI15 ----- CENiERLWE ORAKN BY:JCH 6CHECNEO BV:RX SURVEY OATE:2/10&14/2J2U PLOT OAiE:4/29/2020 DNG.N0.20009-Ot SCAL 1'=200' SHEET 2 OF 5 Final Plat of, VALENTINE PLACE N0. 4, ira the City of Dubuque & in Dubuque County, lowa INDEX LEGEND � � Location: ValentinePlaceNo.4 NW116&ihe SW 1/P of Section 3,T88N,R2E of Me SM P.M.,Dubuque Counry,lowa Repuntor:Gary Valenune Proprieror�.-Lot 1-1 0l Vaientine%are Mane C.Valen6ne 118P Edval Ln.Dubuque,IA52003 -Lo11 of Valentine Place No.3(excepl Laf A-1) Gary ValenUne 11429 Etival ln,DubuQue.lA 52003 Surveyor: Terty L.Kaeiker Company:BuesingBAssociales.lnc. t212 Locust St..DUDUQue.IA 52001 ReNmTo:Ilkoelker@buesing.wm (563)556-4389 NOTE THIS SURVEY IS COMPRISL�0�: LOT 1-1 OF VALENTINE PLACE&f AZT 0�LOT t OF VALENTINE PLACE NO.�, EXCEPT LO7'A-1 OF VALENTINE PLHCE N0.3,LOCATED IN IHt i\'SY1��.&R1E SW1�4 OF SECTIO�3,T88N,R2E PREPARED BY:BpEBN�GE AµqOCIpHONE:(563)5556�t389 CUST STREET. < S B9'49'26'E N 87'47'22"E 7�0(1189) ; ': + 1� � a�t2(�oe) ROW __ � � .. 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'^' . , �r 5 r�„�g31 �^ . ��N __ C� �� 1� �?. . 1 p"9>1/ �T �� a 'y i i , �"`ryoa � - r. °' i4 S��'Cp� �� ' I �` re,""�a�k2 1 � �y� � � < " o?. ie ��c rcarxr++�� r��t�ate� aaar� �r�.� �J'' � �?� � �. � � a p 5:5.;8.h5' . ��V �.,A 2 r�,�a�.� vc �o.. � m � ( ) , n ,t� .. . . ._ .. . _ 'F'. .. . . _ 1` � , �� mu, ; .ro :�vr,-ti �s�r�n sue 7 .�cuNt ��:n> , 'f��[,�c�,.�� \\ AVD �HCP 4]A\J 1H=R�L C 5�Hv�'Y WOIiK W S PEPFORNEJ 3v ME A 5 � `J�Oe..•e• SL i� OR UN�ER MY DIRECT P_R50.A�_SUNEKVSION PND 1HAT I AM/.DULY �$�e°� �'.?L� LICENSED LAN�SURVEVOR UND:R 14[IAqS OF iHE STAIE OF IOWN. � Rs eX �V° IERRr L �{� ��t�(cs3)i56 � =—e uOEIXER = Y:JCH z CHECREO BY:RK = IERRY L.KOELKER (OPtE) NOTES =J`• s<a� r�p= suever oa�:z/m r<za/zczc ?�or on�:</2s/zom LICENSE NUMBER IStBJ I.ALL MEASUREMENTS ARE IN GEEi ANO OECIMALS 1HEREOF. ��' °o��\ MY LICENSE RENEWAL�AIE IS]ECEM�ER 31,2021 �M�'�.N0.20009—Ot SCAIE:1"=200' °.....•° � 2.TOTPl AREA SURVEYEO IS 109.218 ACRES �Oi��I OWP�� ].iH15 PLAi IS SUDJECT TO AL�ENSEMEYTS Of RECORO ANO NOT OF RECORO. ��Illiiil\\�� SHEEiS COVEREO BY h15 SEAL: SHEEiS 1.2 d] SHEET 1 OF 5 THE CI I\' OF PlamzmgSeivicesDepaz�tmenC �y�„ �� p{��r�"i City Hali � � f � 50 West 13kh SPmel D�buque, Iowa 52001-4864 (563) 589-4210 office � (563) 58)-1221 fax (563) 690-6675 'PDD }�IamtingC?lcityo(dubnque.oig 8t�ay 16 , 2006 Wayne �emrrrer, Chairperson Dubuq �ae County Board of Supervisors Dubuque County Cour�house 720 Centraf Avenue Dubuque, EA 52001 �E : Consaal�tiara ora l7�laar►tary Annexa�aon � Valent�n� Propo�a9 Qear Mr. [7emmer: I have reviewed the Dubuque �ounty �oard of Supervisors' recorrrmendations regarding our April 24, 2006 consultation on the voluntary annexation requests �f Gary and f�ary Beth Valentine , North Cascade Road (NCR) Developers, and 7'om and Sheri Henschel for approxima4ely 280 acres on 4he south side of Dubuque. The Board's recomrrrendations perfain to the Valentine annexaYion request for approximately 59 acres of land along iVorth Cascade Roed and east of Edval Lane. Since our consultation , 1 have spoke�r with Mr. Valentine about the Board 's recommendations. You also had an opportunity to discuss these concerns with Mr. Valentine at your regular meeting on May 8, 2006 . The Board has recommended that the Valentine annexation e�end west to the centerlirre o� Edval Lane and souYh fo fhe southern boundary of Lofi 1 of Valentine Place �lo. 3. Mr. ValenYine has created a 125 foof setback along Edval Lane from the annexation area . Mr. Valenfine has indicated that he does not want to annex this additional properky. State law does not require an annexafion fo follow a property (ine or road right-of-way. 5tafie law does alfow a City to include up to 20%u of addifional land without the owner'� reque�t to avoid creating an island or create more uniform baundaries . Inciuding the 125 foot setback along Edval L�ne does not avoid 4he creation of �n island or create more uniform boundaries . If the Cify includes this additional land without the property owners' consenf, then the proposal will no longer be a 100% voluntary request. The City mf Dubuque prefers to keep thi� annexa4ion request 10p% voluntary, and will not add the setback along Edval Lane. ` Sei1 m People ` integiity Resp bility � Iiu�ovaHon Te�mwork Dubuque Courrty �oard of Supervisors Page 2 The �oard has �Iso rec,ommerrded that a pla4 of surv�y be submitted to provide the number of acres in Lot 1 of �dalentine Place No. 3 that wili remain in the County upon the annexation of Parcel A of Lot 1 . �nc4osed is � copy of the plaf of searvey of Ualentine Place Rlo. 3 that the �oard approved at you meeting on t�ay 8, 2006. The plat of survey shows the total area of Lot 1 is 122.614 acres, the right-of-way area is 4. 083 acres, and the net area is 118. 531 acres. Enclosed is a copy of the annexation certificate for Parcel A of Lot 1 . IY provides a metes and bounds description and a map of the land to be annexed. The annexation certificate shov✓ the total area of Parcel ,4 of Lot 1 is 49. 165 acres, the right-of-way area is 0. � 11 acres, and the net area is 48. 354 acres . By comparing the pla4 of survey of Valentine Place No. 3 with the annexation certificate for Parcel A of Lot 1 we can de4ermine that the balance of Lot 1 remaining in the County will be: the total area is 73.449 acres, the right-of-u�ay area is 3.272 acres, and the net area is 70. 177 acres. P,t your meeting on IVlay 8, 2006, the Board expressed concerns with access to Edval Lane from the Valentine property and the adjoining NCR Developers property. As I indicated at our April 24, 2006 consultation, and as Mr. Valentine indicated at the May 8, 2006 Board meeting, we do not anticipate access to Edval Lane. The proposed NCR development will access North Cascade Road, and internal access to the Valentine propertywill befrom Yhe NCR devetopment and directed to (Vorth Cascade Road as well . Please contact me if you have additional questions about this voluntary annexation. Sinc� Laura Carstens Planning Services fNanager Enclosures cc Gus Psihoyos, City Engineer Gary and IVlary Beth Valenfine, 11429 Edval Lane, Dubuque IP, 52003 �arty fVlcNamer, NCR Developers LLC , 5070 VVolif Road, Dubuque 1,4 52002 �� ( � �- �, � �� C� ��.�`��e� � a �� E� , � � - _� � �� ' � � '� � �, �,� i�; - ' ;��{,r; ��d � �� _�� Ci( Y OF UU6li�_I.IE COUR7NOlIS� - 720 CE{NYFi.�L ,4VENt1E PL �.plp� l^!G S�RV!Ck�S,? �p;>,�'�;�n� �.�,a DiJ �UQl1E, IOW.4 520Q5 �7053 PHONE: 563-589-4441 DOPltJA SMITH FAX: 563•589-7884 ERIC MANTERNACH WAYNE DEMMER April 24, 2006 Laura Carstens PL�zing Serr.ces L'epsitr,�ent 50 West 13`h St. Dubuque, IA 52001 -4864 Dear Laura; A[ our recent meering we reviewed yom� correspondence and attaclunents regarding the City of Dubuque Volimtary Annexation cegarding the 280 acres of land alongNorth Eascade,ltoad`and Catfish Creek between Miller Road and Edval Lane. We thank your for your input and clanficationnn thu mafte'r. As you know, Dubuque County has some spectfic soncerns zegarding'the proposal. After reviewiug the attaclunents with our County Auditot and mapping deptnttnent vge feet Yhe propariy designated as owned by Gary and Mary Beth Va]entine to be annexed has some furtherrequirements, ` ' 17�e proposal indicated is to spliY the .�?alentineproperxy intu=Lof 2 and P�sel A of�,ot 1 to b$�,apnexed. F�st, it would be the preference of I�u6uque �ounty to extend PatceliA pf Lot 1 to ihe cante[1it1e oEEdvyal�,Lane and extend the parcel to the south edge"_ ' , Secondly, a plaEof survey tuiY1 need tp be compieted or a subdinsion plat be develQped fox alT Valentuie property proposed to be annexed,due To fhe splii of the eacisring Lflt 1 tdParcel' .4 of`Lat° l Ko:�ieteritun� tiie`balane; e,remaining ofLot 1 w]iiehw�Tlrzmaw�inDubuq�e:�oy`,niy. •< , . If you have any questions regazdino this r�equirement p3easa eontact the �fSce aP,We Dnbuque Countyliud'afor: Sincereiy, � � (� ' ,� -��°'�- Wayne De� Chavperson Dubuque CountyBoard of.Supervisars- encl. ec: I?enise Dolan, Du6uque Cot�ntyAudifor :'. � �'repared by Niaur�en �. Qu�nn, 30� M�ain Street, 5uite 33p �ubuqu�, IA J20(71 563-5�9p�d389 FE�turn ta Kevin �. �irn�tahl, 50 West 131h Stre�i, �ubuque, IA 52a01 5fi3�56��,1 �C1 P��ANN � TI �N A��E�M�N`� �E EEN �H � �IT� bF DlJ ��9Q��, B ��/A AN � T`his Pr�-Ann �xatiorr Agreemenf (fh� "Agr�em �nt") , dated for �efererrc� purpo�es �h� day of _ , 2020 , is made and entered into by �nd betuu�en fihe �ify of Dubuqu� , lowa (" City°) �nd ("Own�r") . 1Nherea�, �wn�r is ihe legal �wner of real esfat� legally d�scribed as: and sficswn in Exhibit A att�ch�d hereto and incorpora��d h�r�in by ref�r�nce (the " �e�l Estate") ; and VVhereas, as of the date of this Agreement, the Real E�4ate is not con4iguous to the corporafe city limits of the city of Dubuque , buf is located within 4wo (2) miles af the corparate limits of th� city of Dubuque and constitutes territory which may be �nnexed by City as provided in lowa Code Chapter 368 ; and VVh�reas, �wner desir�s te� k�ave the Fteal Est�t� ann�xed by �ity upon cer�ain terms and condifian� �s h�reis�after set forth ; and Whereas , notice of the proposed annexation shail be given to fhe parties I�gally required 4o be notified pursuant to Chapter 368 of fhe lowa Code at th� 4ime the Real �state becom�s 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 terrrr� and conditions hereinafter se4 forth would further the growth of City, would enable City 4o carrtrol the developmenY of 4he area arrd would serve the best inferests of City. ' M1IOW `PHEREFORE, iN CON�BDE TBOfJ OF 1°F9E PROMI�E� Atd� °CIiE MUT!!AL COl/ENANI'S AFdD AG �EE ENl'� FiEREIN CbNTAINED, !'T I� Fi�RE�Y AGR�ED A� FOLLO�So S��l`6 �tJ 10 AGREE �FJ7° PURSUAN`f 'TO oOWA CO�� CFiAPTE� 36�. `fhis Agreement is made pursuant to and in accordance uvith fhe provisions of low� Code Chap4er 365. "fhe foregoing preambles and recitatians are made a part of thi� Agreemer�t. i ��'��fV �, `�� o "�h� f�r� �f thi� 1tgr��r��nf i� Zr�m th� d�y �a`r , �OtiO untsl th� �nn�x�ti�sn �f the� �e�l ��ate t� � ity i� fir��l . �EC�eQ�B 3, P �`T@�G � N ��R A6JN � �'10�90 C7vv��r, �pc�n �x�cution c�f thi� Agr��rnent, will subrnit to the City Clerk � P�tiYion far Ann�xation ef th� R�al ��t�fi� by City, in th� ierr� provided in Exhibif � . �fh� �ity Clerfc vuilf fil� th� �etition , �ubrr� if it 4� the �ify �ouncii far eor�sideration �4 such time �nd und� r su�h �ireurnstance� as the �ity �auncil deems appr�pria4� , �nd c�mply with th� r�quiremen#� c�f lowa Cad� �hapfi�� 36�. Pur�uanfi to lowa Code �368 . 7(�) , upo�a �xecution of this Rgre�ment, 47wner h�reby w�iv�s th� right Co withdraw or r�scind the Petition �rrd hereby waives Yh� right �o withdraw it� eonsent to th� P�tifi�n and vvaives its right fv objeet to ann�xation . SEC�'I �IV 4o ADMINISTRATiV� COSTSo City �grees t� pay the administrative cc�s�� associated wiYh th� annexatiorr of the Real E�tate, which irrcludes filing and recording co�t�. S��l'ION 5, T PISITOON �F �9 � FiA �E OF P�OP�R`P�f T ESo �ity agrees th�t the resolutian approving fihe annexaQion application shall provid� for the transition fnr th� imposition of �ity taxes agains4 th� Real Estat�. The Re21 Esta4� shai ! b� : entitled to 4hre following parfial exemp4ion from faxation fnr City taxe� for a period of ten ( 10) year� following the fn�l order of the City Development �oard , if �uch annexation requires approval by fhe City Development �oard , after the exhaustion of any arrd all appeals from the action of the Board by any person or the expiration of the time within : which �uchr appeals may be brought, approving the voluntary annexation ofi the property shown on Exhibit A: 1 . Far fhe firsf and second year, �even4y-five percent (75%) . 2. For the third and four4h year, sixty percent (60%) . 3. For 4he fifth and sia�h year, forty-five percent (45%} . 4. For fhe seventh and eighth year, fhirty percent (30%) . 5 . Far the ninth and ten4h year, fifteen percent ( 15%) . SE�1'ION 6, CI`PY W�� ER9/ICESo 6. 1 Upon annexation , Owrrer, bwner's h�irs, successors �nd assigns, including but not limited t�, the future owners of 4he Real Estate will obtain City wafier services fio the �eal Esqafe. 6 . 2 If C�wner, Owner's h�irs, successors and assigns, irrcluding bu� not limited ta, the future awners of the �eal Estate, obtain waf�r servi��s from a rural w�ter pravider priar fio annexafion , C�wner must use Gity water services Yo provide water to the property upon �nnexation . For prnvision o# such �ufiure City water �ervices to 4h� Real Estate, the Owrner, the Owner's heirs , successors and assigrrs , including but not limited 40, the future owners of the Real �state, shall be fully bound , jointly and severally, to pay City the suorr nf any and alf amoun4s Ci4y is required fo pay a� compensatior� to the rural z wat�r ��rvic� �r�vid�r #or Ic�� r�sultis�g frarr� �r� n�xati�n �g a!I or �rry p�r� ai th� i��I ��t�t� by �ity �nd s�ach arrs�unf� �s City rnay b� r�quired r�r r�a�c�n� bly agr�� #ca p�y th� rur�l water servic� pr�vider as � ��t4l�rnen� f�r rescrlution �f �ny cl�irn�, di�p�s4��, obje�tions, prot�sts or litig �ti�n r�lat�d ta or arising out of �ity pr�viding w�t�r ��a�ric� t� �II or �ny part of the �eal �stat�, fiallowing ann�xation of 4he F2�� ! �st�t� ta City. 6 . 3 if �wn�r esbt�in� �ity wat�r s�rviee� prior ti� annex�tion , �wr��r w� ll p�y th� r�gul�r �mty wat�r rat� paid by all oth�r � ity re�ident� fc�r such s�rvic��. 6 .4 If Owner, Owner's heir�, succe��csrs and assign�, incl �ading bu4 not limited to 4h� future own�rs �f the f�eal �stafie own , op�rat�, and maintain � private well or anaafer �ystem to ��pply water to th� R�al ��taf�, Owner, �wner's heirs, successnrs and assigns, including bu4 �ot limited 4o the future owners of the Real ��tate will be allow�d ta keep, rnain4ain , �rrd r�place such well or water sy�tem indefinitely upon annexation , if Owner, Own�r'� heirs , successors and �ssigns , including bu4 not limited to the future owner� of the R�al ��tate choose to do se. How�ver, such a pre-existing well will be allowed �or non-potable wa#�r only. Potable w�4er will b� provid�d by �ity wat�r �ervic�s. Q41P corrn�ctians �uppli�d with City wat�r frorn �i4y water rrr�ins must be exclusiv�ly supplied with City water and canno4 intermingle or cannect writh �xi�ting wells or priv�te water systems, unl�s� expres�ly �pproved by the �ity Nlanager in limit�d speeial circumsfances . SECT"ION 7. OTFiER �t°TY SERVICES. 7. 1 Upon annexation , Owner, Ovuner's heirs, successors and assign�, including but not limited 40, 4he fu#ure owners of 4he Real Estate wiil for provisipn of fuRure construction of street paving , curbs and guttering , storm �ewers , water mains, sani4ary sewer mains, bicycle pa4hs, sidewalks, or any other irrrprovement authorized by state law by mean� of Ci4y awarded contracts to be paid by special assessments tc� be levied ', against the Real Estafe, Owner agrees that by execu4ion of this Agreement, Owner, ' Ovuner's heir� , �uccessors and assigns , includirrg buf nof limited to the future owrner� of the Real Estate, and each of them , shall pay and are bound to pay City, the �osts of the aforesaid improvements assessed to the Real �state, by action of the City Council , after no4ice of hearing as provided by lovua Code Secfion 384 . 50 , 4he provisions af lowa Code Seciion 3�4 . 38 no4wi4h�fanding . 7 . 2 It is Gity'� current policy fhaQ Owner may elect, at the time of annexation , tea dedicate any street� on tMe Fteal �state Ro 4he City, or to maintain any streets on the , Real Es4ate as privafe streets. If �wner maintains as private streets, City will not m�ke ', or requirs improvements 4o brirrg private stre�ts to City �tandards. If Owner wi�hes 40 ' dedicate streets to the City, stre�ts must be brought to City standards at (�wner's expen�e. Such policy is subject 4o change and may no long�r be in efFect a4 the time of annex�tion . 7 . 3 Upon ann�xation , Cifiy of IJubuque Code c�f Ordinances Sectinn 13-2-3 sfates fhat the owner of any house, building , or prop�rty used for occupancy, employment, 3 ' r��.a��fio� , �r �tN�r pur�ac�� situ�t�d in �i4y �rtd �bufti �g �ny �7r��t, all�y , right ra� vvaY, �r �aserne�t in whi�h ther� is n�w I�cated , or m�y in th� futur� be I��ted , vvithin tvv� htandred fi�et (�Q9'} of the r�e� rest prc�p�r�y lirr� thereof, � public ��nitaryy ��w�r pf th� City, is r�quir�d at the �wn�r' s expense tc� conn�ct such f�ciliti�� directly with th� public sanit�r� sewer, in accordance with City �tand�rd� within three hundred �ixty�five (365} d�ys. Bf, �4 the tim� of annexat€c�s� , the n�ar�st pr�perty lin� of the �eal E�ta#e i� wi�hin two hundr�d fe�t (200' ) of a public �ani4ary sewer, Own�r, �wner's heirs, �ucce��or �r �ssigns, including but no4 limit�d to th� future owr�er� of the �eal �state will be requir�d 4� connect tcs �uch public sanitary s�w�r. I� awever, Qwn�r, (Jwner's Vieirs, succe�sor� �r as�ign� uvill not be required fo conne�4 to the public �anitary �ewer if con�truc4ion pl�ns fc�r an exisQing private onsite s�w�ge treatrr� enf �nd disposaB syst�m are availabi�, the system m�e4� 4h� prevision� of state laws and regul�4ions, and the systes� reeeiv�d a construcYic�n permit from th� eity manager prior to installation . However, ne privafe ansite sew�ge treatment and disposal systern will b� p�rmitted 40 operat� fc�r rer�re than fifteen ( 15) years from its installation , unless othervvi�� deterrnir�ed 6y the city m�nager pursu�nt t� s4and�rds adopt�d by the city rn�n�ger. If the city manager determines at �ny tirne that the syst�rn is n� I�nger adequ�4�, connection tw th� public sanitary �ewer must be made. Ci4y Cnd� of Ordinances Section 13-2-3 is subject to ch�nge and may no fonger be in effec4 af the time of annexatinn . 7 .4 If Owner is abl� and elects to receive public �anitary sewer services from the City prior 4o annexation , Owner will pay the regular City sanitary sewer rate paid by all other City resident� for such services. �ECTION �, �INDING AGREEI�ERI°T. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, succe�sors and assignees and shall be recorded with the Fteal Estate and will apply to any subsequent plats and/or subdivision� of #he Real E�tate . �E�`fION 9. EF�ECT OF IN1/AI�ID PROVISIOIV . If any provision of the Agreement i� held invalid, �uch invalidi4y shall not affect �ny of the other provisions can4ained herein . SE�TION 10. DE�A!lLT. 10. 1 Failure by Owner to substantially observe or perform any maferial coverrant, conditic�n , obligation or agreement an its part fa be observ�d or perfwrmed under this Agreemen4 constitutes an Event of Default. 10 . 2 When�ver any Event occurs and i� continuing , City may take �ny ane or mor� �f the following action� �fter giving written notice by City to Owner of the Event of f�efault, but only if the Event of Default has not be�n cured within sixty (60) days fallowing such notice, or if the �ven4 of D�fault cannnt b� cured wi4hin �i�y (60) days and Owner does 4 e��t provid� �ssuran�� fa �sfy fh�t fh� �v�nfi c�f ��uit +rviH b� ��ar�+� �� s��eo �� r��ar��ly �as�ibl� th�r��fYer: ( 1 } �ity may su�pend �rroy p�r� ef or �II �f its p�rform �r�c� �and�r this Agreemen4 until it receiv�s assura��s from �wr��r, d�em�d adequa4e by Cify, that Ovurr�r will cLsre its d�fault �nd �ontinu� it� p�rfar��nc� u �d�r thi� Agr�err��r�t; (�} �ity may canc�f �i�d r�scirrd this Agre�ment; (3) �wn�r will r�imburse City for all �mounts exp�nded by City in conn�ctiwn with 4h� Agreernerrt, and �ity may take any �cti�n , including any @�gal action it deems nece�sary , fio recover �u�h amounts from �vvner; (4) Ci4y may tak� any acfiion , including legal , equitable er adminis4rativ� action , which may appear nee�ssary or desirable to coll�ct �ny payrn�nts due under this Agreem�r�f �r to �nforee perform�nce �nd ob�ervance �f any obligation , �greement, or cov�narrR under thi� Agreerro�nt. �EC'fIORR 11a NOTI �E�. Any notice to be delivered pur�uant ta th� terms of th� .4greemen4 shall be deliv�red or mailed by certified mail , return receipt requesYed , to the respective par4ies at the following addresses: If to City: City �f Dubuque City Clerk 50 Wesf 13� Street Dubuque, lowa 52001 If to Owner: Dubuque , IR 520Q3 S��TI �N 12. COLINCIL APPROVALD This Agreement is subject to finai approval n� the Ci4y Council of Dubuque, Bowa in its sole discretion . CITY OF' D!l�lJQl1E. i ��A ATTEST: �y: By: Roy D . �uo6 , Mayor &Cevin � . Firnstahl , �ity Clerk �n this day of , 2020 , bef�re �re, a Notary Public in and f�r said stake, personally appeared Roy � . �uol and Kevin � . Firnsfahl known tn me to b� the person (s) named in and who ex�cut�d the foregoing insfrument, and acknowledged 4ha4 they executed the� sarere as their voluntary act and deed . s Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for Waiver of Pre-Annexation Agreement Requirement DATE: July 20, 2020 INTRODUCTION This memorandum transmits my recommendation that the City of Dubuque City Council (City Council)deny Gary Valentine's request for waiver of the pre-annexation requirement set forth in City of Dubuque Code of Ordinances (City Code) section 16-11-7 (E). BACKGROUND Two pathways currently trigger the City of Dubuque's (City) requirement for execution of pre-annexation documents: 1) the subdivision of a lot or lots located within the extra territorial jurisdiction; or 2) the extension of City utility service (water, sanitary sewer, or both) to a property located outside City limits.' With respect to utility service outside the city limits, the pre-annexation requirement allows for systematic, organized expansion of the City public utilities network. It also ensures that areas to which the City spends money to provide water and public sanitary sewer service will someday join the City. This requirement protects current City residents from solely bearing the costs of utility expansion to areas beyond City limits because through the pre-annexation requirement, those areas commit to someday be in City limits and contribute to the City's tax base. With respect to the subdivision of land located in the extra territorial jurisdiction, City Code defines the extra territorial jurisdiction as the two-mile radius beyond the City limits. In the extra territorial jurisdiction, the state grants cities power to exercise subdivision review and plat approval, requiring properties located in the extra territorial jurisdiction to comply with various City ordinances and standards. The state grants cities such authority to allow for planned and managed growth in areas so closely surrounding a City that their eventual annexation is likely. While granting cities authority to review and require compliance with City standards, it also protects property owners located within the extra territorial jurisdiction from the imposition of unexpected costs and improvements at the time of eventual annexation. ' Properties subject to special asset purchase agreements, settlement agreements, or other special contractual arrangements may be exempt from the pre-annexation requirements. The City Code outlines this pre-annexation requirement for property located in the extra territorial jurisdiction in City Code Section 16-11-7 (E), Application Requirements and Review Process: 16-11-7: APPLICATION REQUIREMENTS AND REVIEW PROCESS: E. Fringe Area Development Standards: 1. Preannexation Agreement Requirement: a. New subdivisions subject to the city of Dubuque fringe area development policy will be required to have a preannexation agreement as part subdivision approval by the city council (or city planner in the case of a plat of survey or lot split). b. The preannexation agreement will be prepared with input from an in- house committee made up of the city manager, city attorney, city planner, city engineer, and/or their designees. c. Each proposed subdivision will be reviewed in light of existing city water and sanitary sewer utility systems and future extension of those utility systems, the comprehensive plan and future land use map, and the annexation study for purposes of establishing terms of the agreement. 2. Waiver Of Preannexation Agreement: a. The city manager may waive the preannexation agreement upon a showing of good cause. b. A developer may appeal to the city council to waive the preannexation agreement upon a showing of good cause, if the city manager does not grant a waiver. 3. Fringe Area Subdivision Requirements: a. All subdivisions must comply with this chapter. b. Each subdivision will be required to provide sufficient easements for the extension of city water and sanitary sewer utility systems to serve each individual lot within the subdivision. 2 c. Each major subdivision shall comply with the city of Dubuque sustainability requirements for new subdivisions, including obtaining score of forty (40) points as established in this chapter. d. New streets that access city or county roadways must comply with SUDAS for sight visibility as determined by the city engineer. e. To facilitate planned and orderly growth, developers of major subdivisions must provide a preliminary plat for the entire area anticipated to be developed as part of the subdivision. f. Subdivisions and developments which are approved prior to annexation shall provide a mechanism for transfer of public right of way (ROW) ownership for county roads to the city upon annexation. g. Private roads and streets in subdivisions and developments that are not under the county's ownership prior to annexation shall remain as private roads and streets upon annexation to the city, unless and until such time as they are brought into compliance with city standards and accepted by the city as public streets. h. Developers shall be required to utilize stormwater management and erosion control measures, and stormwater retention/detention facilities where appropriate in accordance with applicable federal, state, county, and city laws, regulations and policies. 4. Exception Of Specific Subdivision Requirements: The zoning advisory commission and city council, when acting upon an application for preliminary or final subdivision approval, has the power to grant such exceptions from the requirements of this chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provision for subdivision review and approval of this chapter, if enforcement of one or more provisions of this chapter are impracticable or will exact an undue hardship because of unique conditions pertaining to the land in question. (Ord. 31-14, 4-21-2014) Although the term subdivision commonly means the creation of a group of homes or other living structures within a finite area, for purposes of this requirement, subdivision is used in a mathematical sense. When one or more larger parcels of land are divided to form a larger number of smaller parcels, a subdivision occurs, and pre-annexation documents are required. When parcels are combined, or parcel boundaries are redrawn, but the total number of lots does not increase, the pre-annexation requirement in City Code section 16-11-7(E) does not apply. Property owners may request that the City Manager waive the pre-annexation requirement in City Code section 16-11-7(E). If the property owner shows good cause 3 for the waiver, I have discretion to grant the waiver. If I deny that request for waiver, the property owner may seek waiver from the City Council. If the City Council deems the property owner has good cause, City Council has discretion to grant the waiver. See, City Code sections 16-11-7(E)(2)(a) and (b) above. Historically, three (3) property owners requested waiver of the pre-annexation requirement first from me and then, following my denial of that request, from City Council: Jon Luckstead, Loras Pape, and Mitch Quade. I denied the waivers because I did not feel the property owners showed good cause for denial. The City Council agreed that property owners failed to show good cause as to why they merited waiver of the pre- annexation requirement and also denied the requests for waiver. One (1) property owner requested and received waiver of the pre-annexation requirement approximately five years ago. The property owner was unexpectedly diagnosed with advanced stage cancer and wanted to subdivide his land for his children. Based on his diagnosis and prognosis, he demonstrated that he should be able to subdivide his land without enduring the time and procedure necessary to complete the pre-annexation requirement. His request for waiver was granted after showing good cause to the City Manager (as stated in City Code section 16-11-7(E)(2)), so he did not need to request City Council waiver. Since 2011, at least fifty-nine (59) property owners have executed pre-annexation agreements memorializing a commitment to annex into the City at some future, unknown date. DISCUSSION Gary Valentine and Marie Valentine are family members seeking subdivision of two parcels of land in the extra territorial jurisdiction in order to create additional parcels for family members living in the same area2. The pre-annexation documents Mr. Valentine is required to sign are attached for your review. A staff inemo from Planning Services is also attached for your review. A plat of the property in question and a map of the property and its proximity to City limits are attached for your review, too. When told he must comply with the pre-annexation requirement in City Code section 16- 11-7(E)(2), Mr. Valentine requested waiver from the City. Mr. Valentine's surveyor met with Planning Services Manager Wally Wernimont and Assistant City Attorney Maureen Quann to discuss Mr. Valentine's questions about the pre-annexation requirement. Mr. Valentine then requested I waive the pre-annexation requirement. After discussion with Mr. Valentine, I found he did not show good cause supporting his request for wavier. 2 Mr. Valentine previously annexed some property in this area into the City of Dubuque through a voluntary annexation process in 2006. That proceeding was initiated by Mr. Valentine, completely voluntary, and unrelated to the pre-annexation requirements outlined in this memo. Now, fourteen (14) years later, Mr. Valentine wishes to subdivide land (some inside and some outside City limits) to create additional parcels for family members. 4 I heard and understand Mr. Valentine's position on the pre-annexation requirement. In fairness to and acknowledgment and recognition of the three (3) property owners who previously requested waiver and were denied for failing to show good cause and the at least fifty-nine (59) property owners who have executed pre-annexation documents when required to do so through the pathways outlined above, I recommend denial of his request for waiver of the pre-annexation requirement because he has not shown good cause justifying waiver. RECOMMENDATION I concur with the staff memo from Planning Services and recommend City Council denial of Mr. Valentine's request to waive the pre-annexation requirement under City Code section 16-11-7(E). Michael C. Van Milligen MCVM:jh cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager Maureen Quann, Assistant City Attorney 5 Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Maureen Quann, Assistant City Attorney SUBJECT: Request for Waiver of Pre-Annexation Agreement Requirement DATE: July 15, 2020 INTRODUCTION This memorandum transmits my recommendation that the City of Dubuque City Council (City Council)deny Gary Valentine's request for waiver of the pre-annexation requirement set forth in City of Dubuque Code of Ordinances (City Code) section 16-11-7 (E). BACKGROUND Two pathways currently trigger the City of Dubuque's (City) requirement for execution of pre-annexation documents: 1) the subdivision of a lot or lots located within the extra territorial jurisdiction; or 2) the extension of City utility service (water, sanitary sewer, or both) to a property located outside City limits.' With respect to utility service outside the city limits, the pre-annexation requirement allows for systematic, organized expansion of the City public utilities network. It also ensures that areas to which the City spends money to provide water and public sanitary sewer service will someday join the City. This requirement protects current City residents from solely bearing the costs of utility expansion to areas beyond City limits because through the pre-annexation requirement, those areas commit to someday be in City limits and contribute to the City's tax base. With respect to the subdivision of land located in the extra territorial jurisdiction, City Code defines the extra territorial jurisdiction as the two-mile radius beyond the City limits. In the extra territorial jurisdiction, the state grants cities power to exercise subdivision review and plat approval, requiring properties located in the extra territorial jurisdiction to comply with various City ordinances and standards. The state grants cities such authority to allow for planned and managed growth in areas so closely surrounding a City that their eventual annexation is likely. While granting cities authority to review and require compliance with City standards, it also protects property owners located within the extra territorial jurisdiction from the imposition of unexpected costs and improvements at the time of eventual annexation. ' Properties subject to special asset purchase agreements, settlement agreements, or other special contractual arrangements may be exempt from the pre-annexation requirements. The City Code outlines this pre-annexation requirement for property located in the extra territorial jurisdiction in City Code Section 16-11-7 (E), Application Requirements and Review Process: 16-11-7: APPLICATION REQUIREMENTS AND REVIEW PROCESS: E. Fringe Area Development Standards: 1. Preannexation Agreement Requirement: a. New subdivisions subject to the city of Dubuque fringe area development policy will be required to have a preannexation agreement as part subdivision approval by the city council (or city planner in the case of a plat of survey or lot split). b. The preannexation agreement will be prepared with input from an in- house committee made up of the city manager, city attorney, city planner, city engineer, and/or their designees. c. Each proposed subdivision will be reviewed in light of existing city water and sanitary sewer utility systems and future extension of those utility systems, the comprehensive plan and future land use map, and the annexation study for purposes of establishing terms of the agreement. 2. Waiver Of Preannexation Agreement: a. The city manager may waive the preannexation agreement upon a showing of good cause. b. A developer may appeal to the city council to waive the preannexation agreement upon a showing of good cause, if the city manager does not grant a waiver. 3. Fringe Area Subdivision Requirements: a. All subdivisions must comply with this chapter. b. Each subdivision will be required to provide sufficient easements for the extension of city water and sanitary sewer utility systems to serve each individual lot within the subdivision. 2 c. Each major subdivision shall comply with the city of Dubuque sustainability requirements for new subdivisions, including obtaining score of forty (40) points as established in this chapter. d. New streets that access city or county roadways must comply with SUDAS for sight visibility as determined by the city engineer. e. To facilitate planned and orderly growth, developers of major subdivisions must provide a preliminary plat for the entire area anticipated to be developed as part of the subdivision. f. Subdivisions and developments which are approved prior to annexation shall provide a mechanism for transfer of public right of way (ROW) ownership for county roads to the city upon annexation. g. Private roads and streets in subdivisions and developments that are not under the county's ownership prior to annexation shall remain as private roads and streets upon annexation to the city, unless and until such time as they are brought into compliance with city standards and accepted by the city as public streets. h. Developers shall be required to utilize stormwater management and erosion control measures, and stormwater retention/detention facilities where appropriate in accordance with applicable federal, state, county, and city laws, regulations and policies. 4. Exception Of Specific Subdivision Requirements: The zoning advisory commission and city council, when acting upon an application for preliminary or final subdivision approval, has the power to grant such exceptions from the requirements of this chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provision for subdivision review and approval of this chapter, if enforcement of one or more provisions of this chapter are impracticable or will exact an undue hardship because of unique conditions pertaining to the land in question. (Ord. 31-14, 4-21-2014) Although the term subdivision commonly means the creation of a group of homes or other living structures within a finite area, for purposes of this requirement, subdivision is used in a mathematical sense. When one or more larger parcels of land are divided to form a larger number of smaller parcels, a subdivision occurs, and pre-annexation documents are required. When parcels are combined, or parcel boundaries are redrawn, but the total number of lots does not increase, the pre-annexation requirement in City Code section 16-11-7(E) does not apply. Property owners may request that the City Manager waive the pre-annexation requirement in City Code section 16-11-7(E). If the property owner shows good cause 3 for the waiver, you have discretion to grant the waiver. If I you deny that request for waiver, the property owner may seek waiver from the City Council. If the City Council deems the property owner has good cause, City Council has discretion to grant the waiver. See, City Code sections 16-11-7(E)(2)(a) and (b) above. Historically, three (3) property owners requested waiver of the pre-annexation requirement first from me and then, following my denial of that request, from City Council: Jon Luckstead, Loras Pape, and Mitch Quade. You denied the waivers because the property owners did not show good cause for denial. The City Council agreed that property owners failed to show good cause as to why they merited waiver of the pre- annexation requirement and also denied the requests for waiver. One (1) property owner requested and received waiver of the pre-annexation requirement approximately five years ago. The property owner was unexpectedly diagnosed with advanced stage cancer and wanted to subdivide his land for his children. Based on his diagnosis and prognosis, he demonstrated that he should be able to subdivide his land without enduring the time and procedure necessary to complete the pre-annexation requirement. His request for waiver was granted after showing good cause to the City Manager (as stated in City Code section 16-11-7(E)(2)), so he did not need to request City Council waiver. Since 2011, at least fifty-nine (59) property owners have executed pre-annexation agreements memorializing a commitment to annex into the City at some future, unknown date. DISCUSSION Gary Valentine and Marie Valentine are family members seeking subdivision of two parcels of land in the extra territorial jurisdiction in order to create additional parcels for family members living in the same area2. The pre-annexation documents Mr. Valentine is required to sign are attached for your review. A staff inemo from Planning Services is also attached for your review. A plat of the property in question and a map of the property and its proximity to City limits are attached for your review, too. When told he must comply with the pre-annexation requirement in City Code section 16- 11-7(E)(2), Mr. Valentine requested waiver from the City. Mr. Valentine's surveyor met with Planning Services Manager Wally Wernimont and me to discuss Mr. Valentine's questions about the pre-annexation requirement. Mr. Valentine then requested that you waive the pre-annexation requirement. After meeting with Mr. Valentine's surveyor and hearing his concerns, I find he does not show good cause supporting his request for wavier. 2 Mr. Valentine previously annexed some property in this area into the City of Dubuque through a voluntary annexation process in 2006. That proceeding was initiated by Mr. Valentine, completely voluntary, and unrelated to the pre-annexation requirements outlined in this memo. Now, fourteen (14) years later, Mr. Valentine wishes to subdivide land (some inside and some outside City limits) to create additional parcels for family members. 4 In fairness to and acknowledgment and recognition of the three (3) property owners who previously requested waiver and were denied for failing to show good cause and the at least fifty-nine (59) property owners who have executed pre-annexation documents when required to do so through the pathways outlined above, I recommend denial of this request for waiver of the pre-annexation requirement because Mr. Valentine has not shown good cause justifying waiver. RECOMMENDATION I concur with the staff inemo from Planning Services and respectfully recommend to you and City Council denial of Mr. Valentine's request to waive the pre-annexation requirement under City Code section 16-11-7(E). MAQ:jmm cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager 5 Dubuque THE CITY OF �+ All•pmaeiea 6i� �� Ju� VQIi YiAL�i��h- -.M iF 1 � I I��' � � Maste iece on the Mississi 1 zao��zoiztzois � pp zo��*zoig TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager SUBJECT: Request by Gary Valentine for Waiver of Pre-annexation Agreement DATE: July 12, 2020 INTRODUCTION This memo transmits a request by Gary Valentine for waiver of the requirement for a pre-annexation agreement for subdivision approval within the City's two-mile fringe area. Enclosed is a Final Plat of Valentine Place No. 4 submitted by Mr. Valentine. The property is located south of North Cascade Road and west of Timber-Hyrst Estates. It lies directly adjacent to the city of Dubuque Corporate Limits and the Southwest Arterial Corridor with an additional 8.135 acres located immediately south of the Southwest Arterial (see attached plat). This property is in a primary growth area in the City's two- mile fringe. NOTE: A portion of the proposed property to be platted is already located in the city of Dubuque's Corporate limits. BACKGROUND Under lowa Code, cities are authorized to establish subdivision review and approval within a two-mile extraterritorial jurisdiction or fringe area. lowa Code requires that a city use the same standards and conditions for plats in the two-mile fringe that are used for plats in the city. Section 16-11-7 of Unified Development Code (UDC) for Land Division established Fringe Area Development Standards. New subdivisions subject to these standards are required to have a pre-annexation agreement as part of the subdivision approval by the City. The City Manager may waive the pre-annexation agreement upon a showing of good cause; the City Manager has declined to waive the pre-annexation agreement. A developer may appeal to the City Council to waive the pre-annexation agreement upon a showing of good cause, if the City Manager does not grant a waiver. Request by Gary Valentine for Waiver of a Pre-Annexation Agreement Page 2 In addition, the City of Dubuque has conducted an Annexation Study (2018) that provides an analysis of annexation of 31 areas (see attached Figure 1 Annexation Study Areas Map) to assist the City in evaluating future growth and other issues related to annexation. This study is not considered a plan for annexation. The study does not have any conclusions or specific recommendations. It does not have a timeline or schedule. If the City Council decides to adopt and implement an annexation plan, pre- annexation agreements and the annexation study will help make informed decisions for planned and managed growth for the city. DISCUSSION As part of the review and approval of subdivision plats, the Unified Development Code Section 18.11.7 E. Fringe Area Development Standards requires a pre-annexation agreement. The submitted Final Plat of Valentine Place No.4 creates four (4) new lots. Lot 1 — 1.34 Acre lot that contains a single-family home (11827 Edval Lane) and is an expansion of the existing lot. Lot 2 — 1.84 Acre lot with frontage on Edval Lane (buildable lot for single-family home). Lot 3 — 97.85 Acres lot comprised of farmland and farmstead (11429 Edval Lane) of which 49.165 Acres are located in the City of Dubuque Corporate Limits. Lot 4 - 8.135 Acre lot comprised of farmland located adjacent to and south of the Southwest Arterial Corridor. The submitted plat, because it creates four new lots, requires a minor subdivision plat review by the Zoning Advisory Commission and the City Council. As noted above, UDC Section 16-11-7 requires new subdivisions subject to the city of Dubuque fringe area development standards to have a pre-annexation agreement as part subdivision approval by the city council. RECOMMENDATION Planning Services staff recommends that the City Council require the pre-annexation agreement in accordance with UDC Section 16-11-7. The property is: 1) located within the city's two-mile extraterritorial jurisdiction, and 2) located directly adjacent to the Dubuque city limits, and 3) located directly adjacent to the Southwest Arterial Corridor, 4) and is in a primary growth area. REQUESTED ACTION The requested action is that the City Council review Mr. Valentine's request, and then Request by Gary Valentine for Waiver of a Pre-Annexation Agreement Page 2 determine whether the requirement for a pre-annexation agreement should be waived. Enclosures cc: Crenna Brumwell, City Attorney Maureen Quann, Assistant City Attorney Gus Psihoyos, City Engineer Denise Ihrig, Water Department Manager Figure 1: � F, Annexation Study Areas �- � � � w ., t SAGEVILLE ��t�� r�� U i � .- . , T ' _ R L;S�_�� '~� � �`- -� �, � � _ � R"`' = i- -"`3 � � + 1 � � / � F � ASBURY � I � � -�- -— ��- ` I DUBUQUE uj r�. �� I 1 1 1 � I 1 � . 4^1 ' � �� Q �—�i', �_w _r 1F, � �� _�JI�.. -- y �..� �� -�4 rl� f � ��f � r _ � � � r� f'�� ` � p . � ' i � ' T'' 'S �� . � � L �. . �.� �,°�� t � � CENTRALIA � ' � �- i �. � �.� ` ■ r , i� . 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G �, p � O 1 �,}� - .' � GExt - �.�Y X 4 i •'' � � � w E i i �� r�• `� �--,�-i_, ♦��- - - - - - -� F ; ,1,�� , � �, � ,• � � 0.5 , 2 ' 7 � � E-Ext Mlles L 1 � 1:100,000 \ ' �� . - ti' �� 1 �� 1 1 I 1 � I f 1 � �� 1 1 OISCCFI�VIER:[�.5ir.lprri:o[P w�gCOn'{��,r,�:.'9�:.�� ii-ip�n qm�:�rp�a�.+lr I+�-rtmxl.r-..yslrm�C�?r,� w - ��,-5��..d. �,��.:�v�,:rc,;Y�r�U,��r�, Major Roads City Owned Property N Ly��ua�[�'��unly.'I[�_�n�erslpT.:[ho[.•xh'c:-c��Iv nl I'•ii.:i��nn�1 R!�•nPrhr.r�.9.y-.e��r.1�c��rc mn.�r.i�m-� `i— n dw.-:a•elri��oininpw�tvdHcLk.OP.a�1S.�,,��,:.��,��-�:•.� Mississippi River _ Parks W g nci.�nam mc accuocy or c,rre�c�u+inc�noT a�m w��_ �,„�•��enr•�� r��-iy.,n:��.,r�-i�.o-:p,�-��.,-,�r.�i ^ u��,�em�d.Y,�:Y�,.�s��.�,,,,.,e„.a,..,,�ea_e,.�,� � � Surrounding Cities Pre-Annexation Agreements S p.n.lrv'e.�rspc'�a��anB�zS w -e^aa�ec� ii�n•ascr.an�n�s�n�r w��r nuin�,.rcvo.��rmr�-zrn ��r��.:�-��d..��,��-mr��s�a:fl�.��or.��, � Dubuque Study Areas e-�a_n�,vx�d��,.��rs�e,e- Final Plat of: VALENTINE PLACE N0. 4, in the City of Dubuque 8c in Dubuque County, lowa INDEX LEGEND Localion: Valeritine Place No.4 NW1/4 &the SWt/4 of Section 3,T88N,R2E of the Sth P.M.,Dubuque County,lowa Requeslor.Gary Valentine Proprietor: -Lot 1-1 of Valentine Place Marie C.Valentine 11827 Edval Ln,Dubuque,IA 52003 -Lot 1 of Valentine Place No.3(except Lot A-1) Gary Valentine 11429 Edval Ln,Dubuque,IA 52003 Surveyor: Terry L.Koeiker Company: Buesing&Associates,Inc. 1212 Locust St.,Dubuque,IA 52001 Return To: tlkoelker@buesing.com (563)556�3B9 NOTE THIS SURVEY IS COMPRISED OF: LOT 1-1 OF VALENTINE P�ACE & PART OF LOT 1 OF VALENTINE PLACE NO. 3, pREPARED BY: BUESING & ASSOCIATES nDDREss: �2i2 LocUST SrREEr, EXCEPT LOT A-1 OF VALENTINE PLACE N0. 3, LOCATED IN THE NW1/4 & THE SW1/4 OF SECTION 3, T88N, R2E DUBUouE, ioWn PHONE: (Ss3) 556-4389 S 86'49'26" E N 87'47'22" E 71.90'(71.89') a�.�2�(47.09') ROW___——- LEGEND NORTH N 81'28'ia" E _ CASCADE 66J9� 66.83� �� FOUND 5/8" ROD W/YELLOW CAP //4016 1.5" IP � � � (UNLESS OTHERWISE NOTED) ROAD � i� MAGNAIL EXISTING EASEMENT FOR 8 5/8" ROD W/ORANGE CAP g15487 �- - - -—-—-— GAS LINES AND � APPURTENANCES / /� DOC. (J2020-1945 � 5/8" ROD W/YELLOW CAP /J18128 / N 63�27�4� -��-�- -� I �' 1/2" ROD W/YELLOW CAP #8505 � .�' LOT F OF TIMBER-HYRST � / 89��89 08�� \/ � --- ---- 1 ` O PLACED 5/8" IRON REROD W/ORANGE � ESTATES �4, EXCEPT LOT A-F PLASTIC CAP MARKED "KOELKER 15487" 5/8" ROD ,.r ��/' 96� � \ � OF iIMBER-HYRST ESTATES �4 SURVEYED BOUNDARY�WE i �� 6'• �� ---------1 / � ��EXISTING EASEMENT FOR GAS � PROPERTY LINE / LINES AND APPURTENANCES �i96' �� 1 --ROW-- RIGHT OF WAY LINE � X /'� ' DOC. /�2020-1944 ��'3., � � � IP IRON PIPE / X N 70�OS�'I3� E 87.94��87.97�� J ��L / W�AI WITH ANGLE IRON PIPE �/ / � \'I / ( ) RECORD DIMENSION � r N 55'13�30" E 66.18��66.21�� v � —CL—CL— CORPORATION LIMITS � / i � �\ I ----- CENTERLINE / � �� N 49'i6'42" E 44.18'(44.15') �r� `�9 �� / � � , N 50'S0'21" E 44.65'(44.64') i�i �� O / / � �/ � � l ��s \ ` PART OF � � ; N 37'31'52" E 85.03'(85.03') i� � , '�s, � LOT 2-1 OF � + � � / i� � '�� THE Wt/2 � / i l ii � � � ii NW1/4 OF f� N 25'48'30" E 80.12'(80.17') � / ;� s � � �� LOT E OF 0� 100' 200' 400' SEC110N 3, � �� L i S�j u'9 c�� TIMBER-H1RST T88N, R2� � �� N 32'58'40" E 49.98'(50.00') � �� 'r'�,v��,, `s� � \ Esra�s �a SCALE: 1" = 200' � � EXISTING EASEMEN�� S�'j�9 �?0 \� \ /� O � �—N 36'46�14" E 75.26�(75.17�) STORM WATER •� F` S � � � � IMPOUNDMENT EASEMENT OJ �O � � � i DOC. #2020-2684 J I � / I � EXISTING EASEMENT "B" EXISTING EASEMENT "A" I I � � STORM WATER ROADWAY EMBANKMENT, / � N 33'01'19" E 140.13'(140.17�) � � IMPOUNDMENT EASEMENT STORM SEWER, AND I I I �-. t� I DOC. �2014-6261 STORM WATER � � EXISTING EASEMENT FOR GAS IMPOUNDMENT EASEMENT I I �WES AND APPURTENANCES DOC. #2014-6261 I I �3 co N DOC. #2020-1944 � � ��\�---EXISTING EASEMENT FOR GAS I I I r�N �p i �'� LINES AND APPURTENANCES \ DOC. �2020-1941 � � �� N �� \ CORRECTION TO EASEMENT � 'n�\ �o�N � C'� OOC.�2020-4184 � I I ��Z N ` � ,� LOT 3 N � � � , M i � i 59.44'\ �`,ti51 �� v I I I (59.42iP \ - �� \\ \ EXISTING CITY �r�j � � � � CORPORAT�ON LINE � I I I 58.36' � � � ooc. �2oos-tsm r� (5g.3g'� ` � Ci ^ �LOT E OF TIMBER-HYRST ESTATES //4 � \�O� ` �G�.�� w � I � � \\ �\�s �.`�s• �LFc��m �� '"' 1 � I G v \ � ��S. ��O• �OG\QG� O 1 � LOT D OF „� � �� . o � � TA=1.340 ACRES nrneER-HrRsr a0 6' s O. � �'> r�� \ � ESTATES //4 o -, �, s �\ '�'o�°�, `, F. RA=0.310 ACRES �, � 3 � � � a�`�s�� \��F �, s� �� NA=1.030 ACRES \��,\` ~a�� 3 v �°�� •`�� \ �� \ \ �a�� °� F -�� \ ��- '�, ` LOT 2 �- �, � � ¢ � u� �• �j � EXISTING 20' SANITARY 1 I I W J w o "� °�' J OF E \ ` \ �d �� \� TA=1.848 ACRES SEWER EASEMENT \; j cn¢g� o r� �,� Pt,n� � \ .o . �oc. g2oia-iioos � 'F i ,Q�,�� o yoT�tNE„ �i5•2i' ��j `� RA=0.194 ACRES I ;` � �.., c�a,Z� Z VPLEpq'�6 �ti� � -'� �'� NA=1.654 ACRES ,�� ; i Z-F� (��* 'L2$' � � W AI ��I F�xa S 66l � \ � i�i� I T Q w 2?$ �-�$O� �'�`�'�// t� � `\ � I I\ S I I > 16.48' �;�p,3�, 33.47' � �s� c�� ' 3 �'SO SAiT i -i-—- ,-�S e 2.��. �� \.� � EDVAL LANE r� ° " �Oo�2�o.. ; /RO^f`� � s�� (66.00' ROW) E ,�"� So F � ;� i � 33.00' A C �� `SJ,�k W�A� � LOT 37 OF ' i i TIMBER-HYRST cn w � i \� C� P L /�i� 5 MENR G / i�� i i ESTATES �4 o�z�� il 1`LO�� \ \ `\ ,� t N E /�E'ASj\5Z M N PqP6261N i / li li w j o"'o i S 88'34�14" W \� � \� E\� i'� ��P�pOo.�t?'�� i i w a o�o j 261.54� � A L C� /� i i cn<az� i S 54'30�29� W \ � r i � I LOT 36 OF ¢o o i � \ � / � TIMBER-HYRST c�a o�o i 153.34' \p �F � \ i /-' �i i EsrATEs �/a Z o�o i �, i i i r i Fw � � 1 �� \ \ � i i � Z � vlZ p � J j �\� � W � wJ U �� L � � n� � \\� \ j � I LOT 35 OF \ �' I a I TIMBER-HYRST '' F \ � � � W� j ESTATES #a DETAIL 2 I O J I I I � ,� � � � EXISi1NG EASEMENT FOR li Z w I I �� = 3O� 1 w i R � \ � PUBLIC HIGHWAY i Z� i N� � P ` DOC. #2020-5135 � o a 3.49� 3.35� � � Q � ��1 ` I � I LOT 34 OF � � � �W i � \ 1 � � � �� TIMBER-HYRST I � m i- i 1" IP W/AI �/ 5�8�� r i Z o il ESTATES #4 I 33.19��33.19�� „�M ; LOT 3 SEE DETAIL 1 �,/ROD 1 � �m � 29.70'(29.84�� i �� i ,,• iP � i �a � ��3�y51 11 � 1� I �w , ��s asos.ss' W I o �i � k�j9• REPLACED t � i i � (507.17�� v� i �� (�l DAMAGED I � � �I 3 Z i 6�,��y �,y9, 5�8,� ROD � N� � � � � z i C1 0� r i � � � LOT 3 � ' 3 w I w�A � I�I� I TA=97.895 ACRES � � DETAIL 1 ' ti LOT 1 OF VALENTINE I 1 r � � LOT B OF �� /�T� PLACE N0. 2 1 �� RA= 3.037 ACRES j I TIMBER-HYRST 11" _ `�O' � o a ; r. �S�c� � I�'� � NA=94.858 ACRES ; � ESTATES #4 � ,��^ ' �j � � G�L�� 1�.� � i � 212'I�` ROD, �i i � F�FQ __ ROW J I 1 1�6 k�'S•$-51 ~a I � ti -- NE �66.00� RO`t`�) W I� li li �k�� o� �� 3 o ao /�T� MARVEL �A �a� r i i 11 i iP l,y a�5� � , °° °J ti S��' --___-� N � I i i w/ni �a �� 1 I �� 1 �w � ° ui < 'U i� i i 1 25' ry8 a w n � �v `�' �'Q/�F�F`0 ROW �� .�'J'I � i il �ZB�^� � ; N� r w�n�-i.n� w►T�u+�J w►�a�-�nE w►Ta�-�nE w►Ta�-i.� �1 � ► � � � � Z N LOT 2 OF VALENTINE PLACE N0. 2 � 1 � � i ; �� 8.50'(8.45') , � � � � 1 i i \\\\\\\��III��///// I HEREBY CERIIFY THAT hi15 LAND SURVEYING DOCUMENT WAS �U ES 1 N G PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME �� O a o S �G� OR UNDER MY DIRECT PERSONAL SUPERVISION AND THi+T I AM A DULY ASSOCIATES INC. ,oaa, \��,oa ooG,p BNCINESRS AND SORVEYORS �_, ",G LICENSED LAND SURV��R UNDER THE LAWS OF rTHE STqTE OF IOWA. �V a TERRY L ��` .;—""� - � �� J� 1212 LOCUST ST, DUBU�UE, IA —'o KOELKER � �� ' _ t� � <: (563) 556-4389 — o�_' C6. ..".. ��^ :L ,......, r ' ! �.d. ��`-' NOTES ;J� 15487 = � TERRY L. OELKER (DATE) ORAWN BY: JCH CHECKED BY' TLK ' LICENSE NUMBER 15487 SURVEY DATE: 2/10 & 24/2020 PLOT DATE: 4/29/2020 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. i�a� �o�� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 DWG. N0. 20009-01 SCALE: i" = 200' 2. TOTAL AREA SURVEYED IS 109.218 ACRES /��/q��//��IWIP1��p��\\\\ SHEET 1 OF � 3. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECOR� AND NOT OF RECORD. SHEETS COVERED BY THIS SEAL : SHEETS 1, 2 & 3 Final Plat of: VALENTINE PLACE N0. 4, in the City of Dubuque 8c in Dubuque County, lowa - i �I j � � � � I � ; 3� w►Ta�-� w►r�n�J w►� w�Ta�-� w�7c►�-�.1rF r e • i I I I � � � �N IO)I� n �� i r- � � r i � � i �d' ��T ��°'I�I I ' '� - -�------------------------- n i o°0 .-. /�j, /� �^ c�'n 1 � �i ;n - r - i r----------- ------------ -- v iZ� n `SG.p��/p �N�rnl i � --- � j o �c`�FO ��Im� I � �' � � i � �.. � � � r�Ni i o l i N li � LOT 2 OF VALENTINE PLACE N0. 2 I 1 I �i � i � � I I I N � I m I 3 i I o i � i � i SEE DETAIL 2�I7"1 I n� I �i W i � j IP '� � I '� I N I I� � N � o i i^ ip 473.80'(473.98') I �m I � � � a i z i 'h'/A� S 88'42'50" W 506.99'(507.17') � � � � � o � i I � .f'p I �i �' i � � I �w � i i i �� r i i _N � EXISTING EASEMENT FOR GAS I I I N� I LINES ANO APPURTENANCES I �� o I �' I I � I DOC. (/2020-1941 I -P � � i i LOT B OF �z i CORRECTION TO EASEMENT I �W �� o � � TIESTATESY��T ro i DOC.#2020-4184 I � �� I "^ I i � i w m o i i �J � � i � ,•S19 � � o n � i i z Z � Z� � I z r � I I O U i �I I � I m � �� Vwi N � U!� I 1 r I I O� � p�1� , 1 I � I 3z ' LOT 3 �� i � � � � i � � �3 i �i I I'�-(125')I � w i w i W� � � i w i ti� �� JI I I I Q I �+- � n 1 w � �� I � r1 �—EXISTING CITY � w v�i j o i i c�n.� � I 1" CORPORATION LINE i �w i � i i � I � DOC. 2006-15177 � ti¢ I 1 I r # � p a � a �� ' EDVAL LANE� I ^�I �w i (66.00' ROW) I I� I �i ¢o� a� I I a w i � 1 ��Tl L—CL—CL—CL—CL—11�CL—�jL. �m i I I �� I i z i � N I FOUND 5/8" ROD � I (125') j R L---------- -`----- W/YELLOW CAP #4016 � � � I �THE SE CORNER OF I EXISTING 20.00' ACCESS EASEMENT i THE SW1/4 NW1/4 OF � 1 1 DOC. �/2006-6997 � "--- --------- SECTION 3, T88N, R2E _ 1/4 SECTION LWE______ 1 1 --- ----- I � -—- � 1------------------------ --------i-- _____-- O L_ TT ________ ____________ � i3 -------- T �- - -� -- --------------- i F 0 � � � w y�w � � S 88'45�17" W EXISTING CONVEYANCE OF RIGHT OF `7 N\N � � FOUND 1/2" R0� � WAY EASEMENT FOR ��3� i � � E 66.39��66.39�� iHE CENTER OF ELECTRIC/iELECOMMUNICATION LWE Z w w zn� i� � L �L A SECTION 3, T88N, R2E DOC. //2014-9931 i �� ^ i F P NORTH EASEMENT LINE o Z�z � � T t N E IS ON i/4 SEC710N LINE NONo i R � owaw 3 i P B N .��n�in � � L �� rn i A oo�o p i V �~�a� � I LOT 3 � 3 x y O i EXISTING EASEMENT FOR GAS � v�w✓� Z � LINES AND APPURTENANCES a� � DOC. //2020-7941 � I CORRECTIOPJ TO EASEMENT � �RQ` � DOC.�2020-4184 n I:,��` i � PART OF NW7/4 SEi/4 OF SECTION 3, �� a0 788N, R2E, EXCEPT LOT A OF THE \ ` `�'7�, SEi/4 OF SECiION 3, T88N, R2E I ��, w �y -� ', �� '�_, i� .-. 6 436' N �4 4g 6'4 4�6 W��` ` ��, :� c�i v�i� .� w 5p�'4g��S p6�3``� ` ``` � '�-�_ � � �{� N a� o � 62) /'"�� ''--, `\ / i� \�M N _'� N �� '�� 1 � �Zo � 2�p,8�2�p�4` �� 1\�'�� ,`\` M � � �\ , o� � � o�� o EXISTING 30' WIDE PERMANENT ��\`�� , �''� Nwo � UTILITY EASEMENT N0. 1 N�� \ ��, j� i � DOC. /j2016-5320 177 �� '�� N ¢� �� o � � D�n W �` � ,`` ,on �\ 0 6633j•�\ ,',`` o LOT A-1 OF VALENTINE PLACE N0. 3 (663?\�� ``�� N ��RQ�,Ij�� S DOC. #2016-5320 I �� \` EXISi1NG 30' WIDE PERMANENT �� \\� Ui1L1TY EASEMENT �� 66? �� DOC. J�2076-7241 & \�� T\\.3je �� ,,\` DOC. #2017-5837 � ��i`\ �\ 36 � �� a0 � ��'s2' �� N i \ �36� EXISIING 30' WIDE PERMANENT ��OW��`� �o N v �i �\61� UTILITY EASEMENT N0. 2 S�UTLI ��\ \�� o N� 1 �� DOC. //2016-5320 '7 We �\ � �� Z S ; � b.� ST qR � �� 3�� N � ; F �' _, ��s � TER�A� � �� o � °� °' �o� � � T �� N E3 j� \��£ N \\ 3 w o 3 i R � 'f 1 � / `\``\\�� SSp ..�. ZX� 3 ' A T N N �� 8(S � wwN � i p o E E '� , ��.?� � �wLL r� `t i L�, L � �,, �� i �� !n �,on �i P L A �',,\��` S 83'18'O5" E � �z� o i �,, 1,'`��305.93'(305.94' S �m 3 0 �-i— EXISTING EASEMENT FOR GAS � , � �� Z Z i LINESDOC. �20 pR194ANCES LOT 4 ------________ -��39��32^ LOT A OF THE SEl/4 OF oz� � CORRECTION TO EASEMENT 8.135 ACRES -- ��r�4 F SECTION 3, T88N, R2E �0 3 DOC. 2020-4184 `3� ��z � , � '�R�� DOC. /�2016-7240 QU W � �� aw= �� cn� '� ------------,,'�� S 01'50'27" E �, , , �� ` � ----------------------------------------- �, , 62.41' \ �� FOUND 5/8" ROD FOUND 5/8" ROD ` S 88'32�59� W 1298•62��1298•7�� 1 W/YELLOW CAP /�4016 �`\I�THE NE CORNER OF W/YELLOW CAP #4016 EXISTING EASEMENT FOR '� T�E SE1/4 SW1/4 OF �THE SE CORNER OF GAS LINES AND O�SECTION 3, T88N, R2E THE NW1/4 SW1/4 OF SE1/4 SWt/4 OF SEC110N 3, T88N, R2E APPURTENANCES �� SECTION 3, T88N, R2E DOC. �2020-1943 � THIS IS AN ASSUMED BEARING FOR THE PURPOSES ' OF THIS SURVEY ONLY. LEGEND • FOUNO 5/8" R0� W/YELLOW CAP /J4076 (UNLESS OTHERWISE NOTED) CURVE DATA e s/s" Roo w�oRnNCE cnP yisaa� o' 100' 200' 400' ARC CHORD CHORD ■ s/s�� Roo W/YELLOW CAP y,s,za SCALE: 1" = 200' CURVE DELTA RADIUS LENGTH TAN. LENGTH BEARING O i/z" Roo w/rE��ow cna �asos C�-A 2$��4��6�� 2�8.�J�' 592.03' 302.08� �J86.�2� 52��27�28��E � PLACED 5/8" IRON REROD W/ORANGE PLASTIC CAP MARKED 'KOELKER 15487 C1—B 04'53'55" 1175.50� 100.50' 50.28' 100.47' S09'52'23'�E suRVErEo eouNonRv �wE C1—C 23'37'42" 1142.50' 471.16' 238.97' 467.82' N23'40'40"W __ PROPERTY LINE �U ES 1 N G ROW RIGHT OF WAY LWE ASSOCIATES INC. IP IRON PIPE 6NGfNE6RS AND SURVEYORS W/AI WITH ANGLE IRON PIPE ( ) RECORD DIMENSION 1212 LOCUST ST, DUBUOUE. IA (563) 556-4389 —CL—CL— CORPORATION LIMITS —-—-— CENTERLINE DRAWN BY: JCH CHECKED BY: iLK SURVEY DATE: 2/10 & 24/2020 PLOT DATE: 4/29/2020 DWG. N0. 20009-01 SCALE: 1" = 200' SHEET 2 OF 5 Dubuque � THE CITY OF �+ � All-Ameriea City � DU B E ;i�� , 7 I 2007+2012�2013 ? �. � Masterpiece on the Mississippi zoi�*zoi9 Vicinity Map - - - - - - �, � �, , _, ♦ . � , �\�''-� \ .� r /` � P� I { � 0 1 �q'S'/r � � M�'�'FRS �,.. �—i'—i�A�.��"�� V�� , �N � � �,P � s i Z �N r,sauRVRo r—t �� i m „ �i �`iJ i Z � "-- � �i ��i i � i "i.i I I DODGEST ' �� —4l` � / `Ir.--'Y��— 1 1 /�!-.�t_f~^�� f—� \ . :� r � �= 1 __�.y.,� h � �� j � h D U � /� � �, NORtHCpgCA�ER p�T I_I-7 r —i \�� _I � �p / U�� / City of Dubuque '�? � --- " `' � Property Owner: Gary Valentine D � Location: 11429 Edval Lane- County �.____, _ _Z W PIN: 15.03.127.017 W � " Property Owner: Gary Valentine � �-- Location: N Cascade Rd - City �� PIN: 15.03.127.014 \ � � � � Property Owner: Marie Valentine \ Location: 11827 Edval Lane �� PI N: 15.03.127.005 \��_. �` �� .___ � � 1 ��_ � � � �City Limits � ,\ �' � Parcels ��\ s � w'qRTFR�q` -�.._,�— DISCLAIMER:This information was compiled using the --��--� � Dubuque Area Geographic Information System(DAGIS),which �� \ includes data created by both the City of Dubuque and N � � � �� Dubuque County. It is understood that,while the City of A Dubuque and participating agencies utilized the most current �\ � and accurate information available,DAGIS and its suppliers do � .� . \�� not warrant the accurecy or currency of the information or data � contained herein. The City and participating agencies shall not ' be held liable for any direct,indirect,incidental,consequential, 0 500 1,000 ,000 punitive,or special damages,whether foreseeable or 1:10,000 unforeseeable,arising out of the authorized or unauthorized � use of this data or the inability to use this data or out of any i $et breach of warranty whatsoever. Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13t'' Street, Dubuque, IA 52001 563-589-4120 PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GARY VALENTINE This Pre-Annexation Agreement (the "Agreement"), dated for reference purposes the day of , 2020, is made and entered into by and between the City of Dubuque, lowa ("City") and Gary Valentine ("Owner"). Whereas, Owner is the legal owner of real estate legally described as: PART OF LOT 1 OF VALENTINE PLACE NO. 3, EXCEPT LOT A-1 OF VALENTINE PLACE NO. 3, LOCATED IN THE NW '/4 AND THE SW '/4 OF SECTION 3, T88N, R2E 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 lowa 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 lowa Code at the time the Real Estate becomes contiguous to City; and Whereas, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by City on the terms and conditions hereinafter � set forth would further the growth of City, would enable City to control the development of the area and would serve the best interests of City. NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This Agreement is made pursuant to and in accordance with the provisions of lowa Code Chapter 368. The foregoing preambles and recitations are made a part of this Agreement. SECTION 2. TERM. The term of this Agreement is from the day of , 2020 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 lowa Code Chapter 368. Pursuant to lowa 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. All connections supplied with City water from City water mains must be exclusively supplied with City water and cannot intermingle or connect with existing wells or private water systems, unless expressly approved by the City Manager in limited special circumstances. 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 lowa Code Section 384.50, the provisions of lowa 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 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. 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: City of Dubuque City Clerk 50 West 13t" Street Dubuque, lowa 52001 If to Owner: Gary Valentine 11429 Edval Lane Dubuque, IA 52003 s SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City Council of Dubuque, lowa in its sole discretion. CITY OF DUBUQUE, IOWA ATTEST: By: By: Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk On this day of , 2020, before me, a Notary Public in and for said state, personally appeared 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. Notary Public in the State of lowa My Commission expires OWNER By: Gary Valentine On this day of , 2020, before me, a Notary Public in and for said state personally appeared Gary Valentine 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 Public in the State of lowa My Commission expires 6 ATTACH MENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation � PART OF LOT 1 OF VALENTINE PLACE NO. 3, EXCEPT LOT A-1 OF VALENTINE PLACE NO. 3, LOCATED IN THE NW '/4 AND THE SW '/4 OF SECTION 3, T88N, R2E s w ' � \ 4F ��. a�'I 7J ' , A , ; i �m � � `` LOTS TO BE+ SUBDIVIDED.�. ., � �� '� � � � �'�� OWN�ED �BY�,�:�;x��. �+ . � . 4 yy Y I �'l� ��t�"�`�;. ""h�y ... -� �� . -", '� � �`�.� MARIE C VALENTINE & �� , �'��: � ', ��03�2�005 '�,.� GARY VALENTINE�,�� -�, .�� '�� AgGA�E �\ y , '\ . �e� . .,\ ��.�� `��- , '��;: ,��: � �'� ,M .. " Y ��i � � .. ��. y t� .'kR+'�.' E �s.-:`ws�i'�'N i '1�«SE ... ..P a- . . } . � N�y�`d��" ' f`� ' ..t �''`�� . �21�.��.Fn .; � �'�'�#€'n��.'��."�- ,�� : � �' s��4. �� . . �,.' e �. ' � � .' �� - ,_ . . r �� m ,I, � �', VALENTINE, MARIE C � C Y �', �r � <p w ,�` LOT 1 OF 1 OF VALENTINE PLACE . �'1, � � _ _ - � r, 'i 3. ' N 1503127017 '� 1I �I ��I — _. -- I . . .. . �� #' ( � � _ :,+�� -' � _- i Nt��r �� 4 ;:`_ � ' � 7 fi:vw�,.. � VALENTINE, GARY � " - � � N PART OF LOT 1 OF VALENTINE �� PLACENO. 3, EXCEPT LOTA-1 �� OF VALENTINE PLACE NO. 3 -•�, � LOCATED IN THE NW 1/4& ;,�,�' SW 1/4 OF SECTION 3,T88N, R2E � s „�rr �qRTFRIq� ',,�'. . '�'S�`,�'q,.fi+„,,, � ��:.. ' ^;^n" r-.,... � � , � � .. � T•n.� ^t....,.�� s.�.: . _ . ....-wR^.,y ' . . �5�3�2�� "'� n , � � •�a,.,�s �. a ...t_',. . . � � A� ^«. ... . . .\�w. . � �A . __ �w�A,. a � .. . ,* ... a+ �� 2�" �. _:y:,r"r 'Y!�...''ryka� .. . . . l #��' .��Y. .�.y. 9 EXHIBIT B PETITION FOR ANNEXATION DATE FILED TO: Mayor and City Council of the City of Dubuque, lowa Board of Supervisors, Dubuque County, lowa 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, lowa. 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, lowa, pursuant to Chapter 368 of the Code of lowa. 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 lowa 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 , 2020 Telephone: 563- Telephone: 563- Subscribed and sworn before me this day of , 2020 Notary Public ATTACHMENTS: EXHIBIT B-1: Legal Description and Map of Area to be Annexed EXHIBIT B-2: Pre-Annexation Agreement io EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED �� PART OF LOT 1 OF VALENTINE PLACE NO. 3, EXCEPT LOT A-1 OF VALENTINE PLACE NO. 3, LOCATED IN THE NW '/4 AND THE SW '/4 OF SECTION 3, T88N, R2E �2 w ' � \ 4F ��. a�'I 7J ' , A , ; i �m � � `` LOTS TO BE+ SUBDIVIDED.�. ., � �� '� � � � �'�� OWN�ED �BY�,�:�;x��. �+ . � . 4 yy Y I �'l� ��t�"�`�;. ""h�y ... -� �� . -", '� � �`�.� MARIE C VALENTINE & �� , �'��: � ', ��03�2�005 '�,.� GARY VALENTINE�,�� -�, .�� '�� AgGA�E �\ y , '\ . �e� . .,\ ��.�� `��- , '��;: ,��: � �'� ,M .. " Y ��i � � .. ��. y t� .'kR+'�.' E �s.-:`ws�i'�'N i '1�«SE ... ..P a- . . } . � N�y�`d��" ' f`� ' ..t �''`�� . �21�.��.Fn .; � �'�'�#€'n��.'��."�- ,�� : � �' s��4. �� . . �,.' e �. ' � � .' �� - ,_ . . r �� m ,I, � �', VALENTINE, MARIE C � C Y �', �r � <p w ,�` LOT 1 OF 1 OF VALENTINE PLACE . �'1, � � _ _ - � r, 'i 3. ' N 1503127017 '� 1I �I ��I — _. -- I . . .. . �� #' ( � � _ :,+�� -' � _- i Nt��r �� 4 ;:`_ � ' � 7 fi:vw�,.. � VALENTINE, GARY � " - � � N PART OF LOT 1 OF VALENTINE �� PLACENO. 3, EXCEPT LOTA-1 �� OF VALENTINE PLACE NO. 3 -•�, � LOCATED IN THE NW 1/4& ;,�,�' SW 1/4 OF SECTION 3,T88N, R2E � s „�rr �qRTFRIq� ',,�'. . '�'S�`,�'q,.fi+„,,, � ��:.. ' ^;^n" r-.,... � � , � � .. � T•n.� ^t....,.�� s.�.: . _ . ....-wR^.,y ' . . �5�3�2�� "'� n , � � •�a,.,�s �. a ...t_',. . . � � A� ^«. ... . . .\�w. . � �A . __ �w�A,. a � .. . ,* ... a+ �� 2�" �. _:y:,r"r 'Y!�...''ryka� .. . . . l #��' .��Y. .�.y. 13 EXHIBIT B PRE-ANNEXATION AGREEMENT (Insert fully executed pre-annexation agreement here) 14 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13"'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 , 2020, between the City of Dubuque, lowa (hereinafter called "City"), and Gary Valentine (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"): PART OF LOT 1 OF VALENTINE PLACE NO. 3, EXCEPT LOT A-1 OF VALENTINE PLACE NO. 3, LOCATED IN THE NW '/4 AND THE SW '/4 OF SECTION 3, T88N, R2E 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 ineeting 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 provided by section 384.50 Code of lowa, the provisions of 384.38 Code of lowa 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: PART OF LOT 1 OF VALENTINE PLACE NO. 3, EXCEPT LOT A-1 OF VALENTINE PLACE NO. 3, LOCATED IN THE NW '/4 AND THE SW '/4 OF SECTION 3, T88N, R2E 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, 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 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 DUBUQUE, IOWA ATTEST: By: By: Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk On this day of , 2020, before me, a Notary Public in and for said state, personally appeared 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. Notary Public in the State of lowa My Commission expires OWNER By: Gary Valentine On this day of , 2020, before me, a Notary Public in and for said state personally appeared Gary Valentine 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 Public in the State of lowa My Commission expires 3 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13"'Street, Dubuque, IA 52001 563-589-4120 COVENANT PERTAINING TO WATER SERVICE THIS AGREEMENT, made and entered into effective the day of , 2020, between the City of Dubuque, lowa (hereinafter called "City"), and Gary Valentine (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"): PART OF LOT 1 OF VALENTINE PLACE NO. 3, EXCEPT LOT A-1 OF VALENTINE PLACE NO. 3, LOCATED IN THE NW '/4 AND THE SW '/4 OF SECTION 3, T88N, R2E 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, 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. All connections supplied with City water from City water mains must be exclusively supplied with City water and cannot intermingle or connect with existing wells or private water systems, unless expressly approved by the City Manager in limited special circumstances. Executed by the respective signatories effective the date first above written. CITY OF DUBUQUE, IOWA ATTEST: By: By: Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk On this day of , 2020, before me, a Notary Public in and for said state, personally appeared 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. Notary Public in the State of lowa My Commission expires 2 OWNER By: Gary Valentine On this day of , 2020, before me, a Notary Public in and for said state personally appeared Gary Valentine 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 Public in the State of lowa My Commission expires 3