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Amending Resolutions to add Transition of City Share of Property Taxes Copyrighted December 21, 2020 City of Dubuque Consent Items # 18. City Council Meeting ITEM TITLE: Amending Resolutions to add Transition of City Share of Property Taxes SUM MARY: City Manager recommending approval for amending Resolution Nos. 4- 14, 132-17, 210-19 and 239-20 that approved pre-annexation agreements, to add transition of the City share of property taxes. RESOLUTION Amending Resolution No. 4-14 Approving an application for VoluntaryAnnexation of Territory to the City of Dubuque, lowa by adding transition of City share of property taxes RESOLUTION Amending Resolution No. 132-17 Approving an application for Voluntary Annexation of Territory to the City of Dubuque, lowa by adding transition of City share of property taxes RESOLUTION Amending Resolution No. 210-19 Approving an application for Voluntary Annexation of Territory to the City of Dubuque, lowa by adding transition of City share of property taxes RESOLUTION Amending Resolution No. 239-20 Approving an application for Voluntary Annexation of Territory to the City of Dubuque, lowa by adding transition of City share of property taxes SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Amending Resolutions to Add Transition of City Share City Manager Memo of Property Taxes-MVM Memo Staff Memo Staff Memo Amending Resolution No 4-14 Truck Country Resolutions Amending Resolution No 132-17 Derby Grange Resolutions Amending Resolution No 210-19 Resolutions Amending Resolution No 239-20 Resolutions Anne�tion Truck Country Resolution 4-14 Supporting Documentation Pre-Anne�tion Agreement for Truck Country Supporting Documentation Anne�tion - Rustic Point Resolution No 132-17 Supporting Documentation Pre-Anne�tion Agreement- Derby Grange, LLC Supporting Documentation Annexation - Royal Oaks Development Resolution No Supporting Documentation 210-19 Pre-Anne�tion Agreement- Spiegel Family Realty Supporting Documentation Company LLC Anne�tion - Spiegel Family Realty Resolution No 239- Supporting Documentation 20 Pre-Anne�tion Agreement- Spiegel Family Realty Supporting Documentation Company LLC 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: Amending Resolutions No. 4-14, 132-17, 210-19 and 239-20 to Add Transition of City Share of Property Taxes DATE: December 15, 2020 The Dubuque County Auditor's Office contacted Planning Services staff regarding resolutions approving voluntary annexations to the City of Dubuque that did not have the language for transition of the City share of property taxes. Planning Services Manager Wally Wernimont recommends City Council approval to amend Resolutions No. 4-14, 132-17, 210-19 and 239-20 that approved voluntary annexations to the territory of the City of Dubuque by adding a section to each resolution regarding transition of the City share of property taxes. Although these resolutions did not have the language for City share of property taxes, the City Auditor has been applying the ten-year partial exemption from taxation for City taxes from the date of the approved annexation. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager Dubuque THE CITY OF � All•p�eedoa Ci� Du B � ;�� ; � � � �� MRste iece on the MisSiSsi i zoo�•zoiz=zois � pp zoi�*zot9 TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager SUBJECT: Amending Resolutions No. 4-14, 132-17, 210-19 and 239-20 to Add Transition of City Share of Property Taxes DATE: December 14, 2020 INTRODUCTION This memo transmits for City Council review and approval, amending resolutions that add transition of city share of property taxes to resolutions that approved voluntary annexations to the territory of the City of Dubuque. The approved pre-annexation agreements, adopted resolutions, amending resolutions, and related materials are attached. DISCUSSION The Planning Services Staff was contacted by the Dubuque County Auditor's Office with regards to resolutions approving voluntary annexations to the City of Dubuque that previously had a signed pre-annexation agreement. In the pre-annexation agreements, there are sections entitled, Transition of City Share of Property Taxes. These sections state the following: 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%). Page 2 5. For the ninth and tenth year, fifteen percent (15%). The following chart shows resolutions that approved voluntary annexations to the territory of the City of Dubuque that did not have the language for transition of city share of property taxes: - . . � . �. - �. - . � •• . -• � .. • • � •• • ' - � • • •�- • � • • • � • • Truck Country of lowa, Inc. 4-14 January 6, 2014 September 3, 2013 Wausau Limited Partnership McCoy Family lowa Properties 132-17 April 3, 2017 November 16, 2015 Derby Grange, L.L.0 210-19 June 2, 2019 October 19, 2015 Spiegel Family Realty Company lowa, LLC 239-20 August 3, 2020 October 19, 2015 Spiegel Family Realty Company lowa, LLC Although these resolutions did not have the language for city share of property taxes, the City Auditor has been applying the ten (10) year partial exemption from taxation for City taxes from the date of the approved annexation. RECOMMENDATION I recommend that the City Council approve the amending resolutions that add transition of city share of property taxes to Resolutions No. 4-14, 132-17, 210-19 and 239-20. Attachments cc: Maureen Quann, Assistant City Attorney Prepared by: Wally Wernimont, City Planner, City Hall, 50 W. 13th St., Dubuque IA 52001, (563) 589-4210 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t" St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 369-20 AMENDING RESOLUTION NO. 4-14 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA BY ADDING TRANSITION OF CITY SHARE OF PROPERTY TAXES Whereas, on August 2nd, 2013, the property owner(s) (Truck Country of Iowa, Inc., Wausau Limited Partnership and McCoy Family Iowa Properties) signed a pre - annexation agreement with the City of Dubuque, Iowa; and Whereas, on September 3rd, 2013, the City Council of Dubuque approved the pre -annexation agreement; and Whereas, on March 5th, 2014, the pre -annexation agreement was recorded with Instrument No. 2014-00002082; and Whereas, on January 6t", 2014, the City Council of Dubuque passed Resolution No. 4-14 approving an application for voluntary annexation of territory to the City of Dubuque, Iowa; and Whereas, the property owner is entitled to a partial exemption from taxation for City taxes for a period of (10) years as defined in the approved pre -annexation agreement; and Whereas, Resolution No. 4-14 did not include the Transition of City Share of Property Taxes as required by the approved pre -annexation agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 4-14 approving an application for voluntary annexation of territory to the City of Dubuque, Iowa be amended to add: Amending Resolution No. 4-14 Page 2 Section 4: That the Real Estate shall be entitled to the following partial exemption from taxation for City taxes for a period of then (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. 1. For the first and second year, seventy-five percent (7591o) 2. For the third and fourth year, sixty percent (60916) 3. For the fifth and sixth year, forty-five percent (45916) 4. For the seventh and eighth year, thirty percent (3091o) 5. For the ninth and tenth year, fifteen percent (15916). Passed, approved and adopted this 21 st day of December, 2020. 7 By: 1ell �' X-'— Roy D. Buol, Mayor ATTEST: By: i, i/111. r� Adrienne N. Breitfelc(er, City Clerk Prepared by: Wally Wernimont, City Planner, City Hall, 50 W. 13th St., Dubuque IA 52001, (563) 589-4210 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 370-20 AMENDING RESOLUTION NO. 132-17 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA BY ADDING TRANSITION OF CITY SHARE OF PROPERTY TAXES Whereas, on November 4th, 2015, the property owner (Derby Grange, L.L.C) signed a pre -annexation agreement with the City of Dubuque, Iowa; and Whereas, on November 16th, 2015, the City Council of Dubuque passed Resolution No. 398-15 approving the pre -annexation agreement; and Whereas, on November 18th, 2015, the pre -annexation agreement was recorded with Instrument No. 2015-00014756; and Whereas, on April 3rd, 2017, the City Council of Dubuque passed Resolution No. 132-17 approving an application for voluntary annexation of territory to the City of Dubuque, Iowa; and Whereas, the property owner is entitled to a partial exemption from taxation for City taxes for a period of (10) years as defined in the approved pre -annexation agreement; and Whereas, Resolution No. 132-17 did not include the Transition of City Share of Property Taxes as required by the approved pre -annexation agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 132-17 approving an application for voluntary annexation of territory to the City of Dubuque, Iowa be amended to add: Amending Resolution No. 132-17 Page 2 Section 6: That the Real Estate owned by Derby Grange L.L.0 shall be entitled to the following partial exemption from taxation for City taxes for a period of then (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. 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%). Passed, approved and adopted this 21st day of December, 2020. - ,,, P &",/ Roy D. Buol, Mayor ATTEST: Adrienne N. Breitferder, City Clerk Prepared by: Wally Wernimont, City Planner City Hall 50 W. 13th St Dubuque IA 52001 (563) 589-4210 Return to Adrienne N. Breitrelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 371-20 AMENDING RESOLUTION NO. 210-19 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA BY ADDING TRANSITION OF CITY SHARE OF PROPERTY TAXES Whereas', on October 8th, 2015, the property owner (Spiegel Family Realty Company Iowa, LLC) signed a pre -annexation agreement with the City of Dubuque, Iowa; and Whereas, on October 19th, 2015, the City Council of Dubuque passed Resolution No. 364-15 approving the pre -annexation agreement; and Whereas, on October 22nd, 2015, the pre -annexation agreement was recorded with Instrument No. 2015-00013620; and Whereas, on June 31d, 2019, the City Council of Dubuque passed Resolution No. 210-19 approving an application for voluntary annexation of territory to the City of Dubuque, Iowa; and Whereas, the property owner is entitled to a partial exemption from taxation for City taxes for a period of (10) years as defined in the approved pre -annexation agreement; and Whereas, Resolution No. 210-19 did not include the Transition of City Share of Property Taxes as required by the approved pre -annexation agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 210-19 approving an application for voluntary annexation of territory to the City of Dubuque, Iowa be amended to add: Amending Resolution No. 210-19 Page 2 Section 6: That the Real Estate shall be entitled to the following partial exemption from taxation for City taxes for a period of then (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. 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%). Passed, approved and adopted this 21st day of December, 2020. Roy D. Buol, Mayor ATTEST: A 62"(14� Adrienne N. Breitfel er, City Clerk Prepared by: Wally Wernimont, City Planner, City Hall, 50 W. 13th St., Dubuque IA 52001, (563) 589-4210 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 372-20 AMENDING RESOLUTION NO. 239-20 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA BY ADDING TRANSITION OF CITY SHARE OF PROPERTY TAXES Whereas, on October 8th, 2015, the property owner (Spiegel Family Realty Company Iowa, LLC) signed a pre -annexation agreement with the City of Dubuque, Iowa; and Whereas, on October 19th, 2015, the City Council of Dubuque passed Resolution No. 364-15 approving the pre -annexation agreement; and Whereas, on October 22nd, 2015, the pre -annexation agreement was recorded with Instrument No. 2015-00013620; and Whereas, on August 3rd, 2020, the City Council of Dubuque passed Resolution No. 239-20 approving an application for voluntary annexation of territory to the City of Dubuque, Iowa; and Whereas, the property owner is entitled to a partial exemption from taxation for City taxes for a period of (10) years as defined in the approved pre -annexation agreement; and Whereas, Resolution No. 239-20 did not include the Transition of City Share of Property Taxes as required by the approved pre -annexation agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 239-20 approving an application for voluntary annexation of territory to the City of Dubuque, Iowa be amended to add: Amending Resolution No. 239-20 Page 2 Section 6: That the Real Estate shall be entitled to the following partial exemption from taxation for City taxes for a period of then (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: 1. For the first and second year, seventy-five percent (75916) 2. For the third and fourth year, sixty percent (60%) 3. For the fifth and sixth year, forty-five percent (4591o) 4. For the seventh and eighth year, thirty percent (30%) 5. For the ninth and tenth year, fifteen percent (15916). Passed, approved and adopted this 21 st day of December, 2020. Roy D. Buol, Mayor ATTEST: Adrienne N. Breitfel er, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIll111111111111111111111111111111Nllllllll �Doc ID. 007905670023 Type Kind: ANNEXATION Fee�Amt��$117?0 2Pageal of�23��9 PM Dubuque CountV Iowa Kathy Flynn Thurlow Recorder File20 iT�00000�V V Prepared bv' Laura Carstens Citv Planner Address: City Hall,50 W. 13th St,Telephone: 589-4210 Return to: Kevin Firnstahl City Clerk Address: City Hall,50 W. 13th St. Telephone:589-4121 RESOLUTION NO. 4-14 RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has received a written application from McCoy Family Properties for the voluntary annexation af territory south of the city, and generally located at Truck Country, 10785 U.S. Highway 61/151; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does abut Dubuque County rights-of-way; and Whereas, lowa Code section 368.7 authorizes the extension af City limits in situations af this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the City's Comprehensive Plan; and Whereas,the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The corporate limits of Dubuque, lowa are hereby extended to include the , ��117�� Resalution No. 4-14 Page 2 Annexation Territory as shown in Exhibit A and legally described as: Lot 2 of McCoy Place and Lot 3 of the NW'/a all in Section 12 Township 88 North, Range 2 East of the 5th P.M, . according to the plats thereof in Dubuque County, lowa, subject to highway and easements of record; Lot 2-1-1-1 of the NW'/4 of Section 12 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 af Lot 2 of Lot 2 of the NW'/4 all in Section 12, Township 88 North, Range 2 East of the 5th P.M. according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; Lots A and D of Waller Street Subdivision, all in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, lowa, subject to highway and easements of record; and to the centerline of the adjoining public rights-of-way, including the North 1/2 of Lake Eleanor Road from US 61/151 west to this annexation territory and the South 1/2 of � , Chestnut Street from US 61/151 west to this annexation territory, all in the County of Dubuque, lowa. Section 2. The Annexation Territory hereby annexed shall become part of the 1St Precinct of the 1$t Ward of the City of Dubuque, lowa. Section 3. The City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of lowa as required by law. Passed, approved and adopted this 6th day of January, 2014. � �� Roy D. Buol, Mayor Attest: Kevin . Firnstahl, ity EXHIBIT A � ANNEXATI � N MAP RE B . �', � _� . t� � 4-�-�� , , ._"'3�.3-�� 3--._ � � . f �lS�hY��` �� v"''=a��-',�`F"�' , ilILVIVl1 t7 0 �3- y�� /-�C'"- -�� J�; ,c=.��z __ `".��'� �i.. __-_�_=�rz___�-�� . .�'�_��i��'�.� i'_��__ - „�G..�.�T'�+P�c},,-SJi,� . �.c�'e...:_,�^;_�-„��'�fi.'v�--_'r�-T�_. ' • _��'==��r�-:r�"�`''-�'�5 _ —��?_...._�—�>_;�.s-�� .:_•::v�>;-�-a::y;�"-u-_y. �c--� - e�� '� � 0 ��_ 4� E� _ f.,� �.-3� ". , 0 _ _ . ��,2 �.�.� �: i� �� E� _ . . = �'� _� -�'- -3-�'� �f�� 0 -�=�� _ �=r�=�:'_�� _�� >�,��y= ��.��=_�� ,:��`��-��,_�� r�"_ .__'.'-..-r,c--=C=�aaY�c �w`=-_ �� ti�=:�-=�'�� '�-:�'- -=��``�� 'r' -� r �,��^� � �� _ --a'�. � _ :� �;� _ �4c � < ` _ �3 _ � ,S� ,� _ � � =-r -- .��-��.?�"c ��- x .�. �jy. � ��"�� -��_s� `�_ D ��s"� �'=� _��„�,-�g,�,' :i �y:i. a�-�i.:' � - -3-, -.=�-- � 1 ' . _L. __' - �3 /� .1__ `C � --.. ,�'+--, r~� - � .� _�� -~ �, \ U=^'j:.�'�-�,'��'n t�.�.:..v:��"- a ''. � c� � ,-". �� } ' � e� �` �r� 5.i: ��. _ � 3.1� / � `-L .�� ` ��i 3 �>- � � � � _ . .J.-— . _� � nT�/� .. . _ ' _ �� _ aj�� . � �' . ' C�"—y � . . -+�_�.'� a2�a_.. � Y _ � � ,�._��^��.'s^�Tr � � �--�3. -�r :�� -� � � - u�`� _ � -s"-i= - k "�'a-� � .�' e I � � - - - � � � �� £ � -' : � Y �r �' .. ��, '- _l� .. .. '� � � . � S hy r� `�' ��c_�_��Y__�4 � �-" ' c'_^"-..(l`_�b,c_./S'��'�nis:+<>e!—'��%.�:�� y=C_.',,,;�'�> ' _ �S�_•..l�.e'_ �� LEGEND N CTTY LIMI7S �_�4.t 1.4'000 ��"== PICCOY fAP1ILY PROPERTIES J c�.% 1 I CERTIFICATE of tFie GITY CLERK � STATE OF IOWA ) j SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque; lowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 4-14 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, I owa. Dated at Dubuque, lowa, on this 7th day of January, 2014. Kevin` . Firnstahl, M , ' IerEc -.- ��.,. -}.��., , ;1H „ ij��` � ��f� v�,• �``*m S4' e e�:Qs•(S�A�:),., e �-� . 4 �; '°.�- , ; q � .0 6` v ;� z\ � � F� �.`''� ^� �� - '6 � 9,�,5/.+. - r .. - . � ! � ! ,O* T`j , � .t..� . ,...�:. • ��"'� .. . r F � ,��i�a \. �• a 0�' � f� .� f�1�♦ � ,�J' 1'��(1°�f ,�,�{ . A I ,.''f?�� —� � bt . `'r ..'9., �na��i�p:\i,9.'��. . �. , . ' � � � ...� ::+�. . � V �� i iiiiiii iiiiii iii iiiii iiiii��ii iiiii iiiii iiiii iiiii iiiii��ii iiiii iiiii iiii iiii Doc ID: 007939760034 Type: GEN Kind: AGREEMENT Recorded: 03j05/2014 at 10:48:22 AMI Fee Amt: $172.00 Page 1 of 34 Dubuque County Iowa ' Kathy Flynn 7hurlow Recorder File2o 1T�oo0V�OV� ' Prepared by: Barry A. Lindahl, Esq.300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 ��h � : PRE-ANNEXATION AGREEMENT ��` BETWEEN � � - `�� THE CITY OF DUBUQUE, IOWA L� � ��`'`��' AND �� C�� d�Q TRUCK COUNTRY ��e�.�—��- �-� I This Pre-Annexation Agreement ("Agreement"), dated #or reference purposes the 3rd day of September , 2013, is made and entered into by and between #he City of Dubuque, lowa {"City"), and McCoy Family Properties, Wausau Limi#ed Partnership and Truck Country of lowa, Inc., an lowa corporation, a.k.a. Truck Country ("Owner'°). Whereas, Owner is the legal owner of real estate, the legal description of which is set forth in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"); and Whereas, as of the date of this Agreement, the Real Estate is contiguous to the corporate city Iimits of the city of Dubuque and constitutes territory which may be annexed by the City of Dubuque as provided in lowa Code Chapter 368; and Whereas, Owner desires to have the Real Estate annexed by the City of Dubuque, lowa 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 Code of lowa at the time the Real Estate becomes contiguous to the City of Dubuque; and Whereas, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by the City of Dubuque on the terms and conditions hereinafter set forth would further the growth of the City of Dubuque, would provide for the harmonious development of the Ci#y of Dubuque, would enable the City of Dubuque to control the development of the area and would serve the best interests of the City. � �l�a-a4 �� u,� ��e Truck Country Preannexation Agreement 07302013MAQ �� Prepared by: Barry A.Lindahl, Esq.300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND TRUCK COUNTRY This Pre-Annexation Agreement ("Agreement"), dated for reference purposes the 3rd day of September , 2013, is made and entered into by and between the City of Dubuque, lowa ("City"), and McCoy Family Properties, Wausau Limited Partnership and Truck Country of lowa, Inc., an lowa corpora#ion, a.k.a. Truck Country ("Owner"). Whereas, Owner is the legal owner of real estate, the legal description of which is set forth in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"); and Whereas, as.of the date of this Agreement, the Real Estate is contiguous to the corporate city limits of the city of Dubuque and constitutes territory which may be annexed by the City of Dubuque as provided in lowa Code Chapter 368; and Whereas, Owner desires to have the Real Estate annexed by the City of Dubuque, lowa 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 Code of lowa at the time the Real Estate becomes contiguous to the City of Dubuque; and Whereas, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by the City of Dubuque on the terms and conditions hereinafter set forth would further the growth of the City of Dubuque, would provide for the harmonious development of the City of Dubuque, would enable the City of Dubuque to control the development of the area and would serve the best interests of the City. Truck Country Preannexation Agreement 07302013MAQ 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 3ra day of September , 2013, until the annexation of the Real Estate to the City of Dubuque is finaL SECTION 3. PETITION FOR ANNEXATION. 3.1. Owner, upon execution of this Agreement, will submit to the City Clerk, a Petitian for Annexation of the Real Estate by the City of Dubuque, lowa, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to the City Council for consideration, and comply with the requirements af lowa Code Chapter 368. Pursuant to lowa Code § 368.7(e), except as provided herein, Owner hereby waives the right to withdraw the Petition or its consent to annexation. 3.2. At the time of filing the Petition, Owner will also submit an application for the rezoning of the Real Estate to C-3 General Commercial District Classification. If the Real Estate is not rezoned to that classification, the Petition for Annexation may be ' withd rawn by Owner. SECTION 4. SEWER SERVICE. 4.1. Upon execution of this Agreement, City wilf construct a temporary sewer lateral service to the Real Estate as shown on Exhibit C (the "Temporary Sewer Service"). Upon receipt of bids for the construction of the Temporary Sewer Service and prior to � the award of a contract far such construction, Owner shall advance City fifty percent (50%) of the amount of the bid determined by City to be the lowest responsive, responsible bid or twenty thousand doflars ($20,000.00), whichever is less, towards the cost of extending sewer, including permits and easement costs, engineering fees and contingency, estimated to be fifty-five thousand dollars ($55,000.00). 4.2. Until such time as final annexation of the Real Estate by City, Owner will pay City a monthly fee for sewer use that is 1.5 times the normal monthly fee for sewer use. 4.3. City shali maintain sanitary sewer grinder pump and sewer lateraf service from the pump to the manhole until such time as City ins#alls a new gravity sanitary sewer, lift station and force main as shown in the form attached as Exhibit D (the "Permanent Sanitary Sewer", at which time Owner shall be responsible for connecting to the Permanent Sanitary Sewer within one (1) year of sewer availability. However, if 2 development of nearby parcels results in the installation of an accessible gravity sanitary sewer before Owner connects to the Permanent Sanitary Sewer, plans for Owner's Permanent Sanitary Sewer will be modified to reflect such development. If such a gravity sewer is installed before Owner connects to the Permanent Sanitary Sewer, Owner's connection will no longer require the installation of a gravity sanitary sewer or lift station, and #he fifty foat by fifty foot (50' x 50') permanent easement described below in Section 4.6 would revert back ta Owner. 4. 4. Owner agrees to pay any assessments or connection fees that may apply at the time of connection to the Permanent Sewer Service in accordance with the City of Dubuque Code of Ordinances. Additionally, City understands Owner will be replatting its parcel(s) and as such, will result with one parcel on which it conducts all of its operations. Owner will only be required to pay one assessment or connection fee, based on the property as it is assessed, at the time of connection of the Permanent Sewer Service, for all use on the resufting parcel; provided further, however, the actual cost to hook up to Permanent Sewer Service after it is complete will be paid by Owner, as provided below. 4.5. Owner, as the sole user of the Temporary Sewer Service, agrees to reimburse City for maintenance costs associated with the grinder pump, alarm disconnect panel and pipe from the pump ta the discharge point for the Temporary Sewer Service, and the replacement cost of the grinder pump for the Temporary Sewer Service, until such time as the Permanent Sanitary Sewer is completed and Owner has connected to the same. City will pay for the replacement costs of the alarm disconnect panel and the I pipe from the pump to the discharge point for the Temporary Sewer Service, until such time as the Permanent Sanitary Sewer is completed and Owner has connected to the �I same. I 4.6. Owner agrees to execute and deliver to City a grant of permanent easement for a fifty foot by fifty foot (50' x 50') permanent easement for a future sanitary sewer lift � station and a one-hundred foot by one-hundred foot (100' x 100') temporary easement only during and for construction of said lift station along Lake Eleanor Road in the form attached as Exhibit D. 4.7. Owner agrees to execute and deliver to City at the time of execution of this !, Agreement a grant of easement for a fifty foot (50') wide temporary easement during i and for the construction of the Permanent Sanitary Sewer from Lake Eleanor Road north along the western edge of the property as indicated on the diagram attached hereto as Exhibit D. When construction of the Permanent Sanitary Sewer is completed, the easement shall be reduced in size to a twenty foot (20') wide permanent easement which shall remain in effect after construction of the Permanent Sanitary Sewer ceases. SECTION 5. WATER SERVICE. 5.1. Owner agrees to petition the City Manager to connect to City water services upon execution of this Agreement. The connection will link Owner's private water distributian 3 sys#em to City water services as set forth in Exhibit E, Plan for Water Services. Owner agrees to bring their existing water distribution piping system up to current standards which includes but is not limited to, capping of their existing water wells and severing the piping befinreen the City water system and owners' water wells. Owner will install an additional fire hydrant as indicated in red on Exhibit E. Owner agrees to pay a water connection fee determined by calculating the per lineal front feet of Owner's property adjacent to City's watermain multiplied by the connection rate at the time of connection to City water services. The Owner owns 270.38 lineal front feet of property adjacent to the City's watermain. For reference purposes, the water connection fee as of March 1, 2013 is twenty-eight dollars ($28.00) per foot. The water connection fee is based on current rates at the time o# connection to City water services and is subject to change annually. 5.2, Owner agrees to pay individual water service tap fees if required for connection to its existing private water distribution system to which City water service will be pravided prior to the actuai installation of water taps. The water tap fee is based on the size of the service area at the time of installation and is subject to change annually. 5.3. Owner agrees to install water service to City standards and ordinances and obtain all required permits. Water piping located on Owner's property shall remain private and be maintained by Owner. The section of pipe from the City connection point through the County right of way may be dedicated back to the City if installed with eight � inch (8") diameter pipe after the standard bonding period for water main installation. All water main pipe shall be ductile iron with nitrile gaskets. Smaller service lines shall be type K copper. Owner shall supply City with set of as-built drawings of proposed water piping installation when completed including their existing private water distribution ' piping system. I 5.4. Owner acknowledges that connection to City's water services prior#o annexation I is subject to City Council approval, as required by the City's Code of Ordinances. If j such approval is denied, Owner will cannect to City water services upon annexation. If i such approval is granted, Owner will pay City a monthly fee for water that is 1.5 times the normal monthly fee for water use as required by the City's Code of Ordinances until such time as the real estate is annexed, at which time the monthly fee will be reduced to j the normal monthly fee. i SECTION 6. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs �� associated to the annexation of the Real Estate, which includes filing and recording costs. SECTION 7. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees tha# the resolution approving the annexation application shall provide for the transition for the impositian 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 periad of ten (10) years following the final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board by any persan or the expiration of the 4 time within which such appeals may be brought, approving the voluntary annexation of the property shown on Exhibit A, resulting in the final annexation of the Real Estate into the City: 1. For the first and second year, seventy-five percent. 2. For the third and fourth year, sixty percent. 3. For the fifth and si�h year, forty-five percent. 4. For the seventh and eighth year, thirty percent. 5. For the ninth and tenth year, fifteen percent. SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successor, and assignees. 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 BY OWNER. 10.1. Failure by Owner #o 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 of Default occurs and is continuing, City may take any one or more of the following actions after the giving of written notice by City ta Owner of the Event of Default, but onl if the Event of Default has not been cured within sixty (60) � y I days following such notice, or if the Event of Default cannot be cured within sixty (60) I 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 its performance under this Agreement until it receives I assurances from Owner, deemed adequate by City, that Owner will cure its default and continue its perFormance under this Agreement; (2) Ci#y may cancel and rescind this Agreement; i � (3) Owner will reimburse City for all amounts expended by City in connectian II with the Agreement, and City may take any action, including any legal action it i deems necessary, ta recover such amounts from Owner; � (4) City may take any action, including legal, equitable or administrative I 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. s SECTION 11. DEFAULT BY CITY. 11.1. Failure by City to substantiaf{y 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. 11.2. Whenever any Event of Default occurs and is continuing, Owner may take any one or more of the following actions after the giving of written notice by Owner to City 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 City does not provide assurances to Owner that the Event of Default will be cured as soon as reasonabiy possible#hereafter: (1) Owner may suspend its performance under this Agreement until it receives assurances from City, deemed adequate by Owner, that City will cure its default and continue its performance under this Agreement; (2) Owner may cancel and rescind this Agreement; (3) City will reimburse Owner for all amounts expended by Owner in connection with the Agreement, and Owner may take any action, including any legal action it deems necessary, to recover such amounts from City; (4) Owner may take any action, including legal, equitable or administrative action, vuhich 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 12. NOTICES. Any notice to be delivered pursuant to the terms of the I Agreement shall be delivered or mailed by certified mail, return receipt requested, to the '�, respective parties at the following addresses: , City of Dubuque . City Clerk 50 West 13t" Street Dubuque, lowa 52001 � , Truck Country Attn: Nick Neis � 10785 Route 61 ; Dubuque, lowa 52003 6 CITY OF D BUQUE, IOWA TRUCK COUNTRY OF IOWA, INC. /,�� By: � By: Roy D. B I, Mayor Greg oy, �,ry��_ �r ;�.{,�,� ATTEST: WAUSAU LIMITED PARTNERSHIP � By: - _ By: Kevin S. Firnstahl, Ci y Cler Greg M oy, Its h ized Agent MCCOY FAMILY IOWA PROPERTIES By: �r Joh McCoy, i s Author' �l��nt- STATE OF IOVVA . ss: DUBUQUE COUNTY On this a�day of , 2013, before me, a Notary Public in and far the State of lowa, in and for said ounty, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, who being by me duly sworn did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and i existing under the laws of the State of lowa, and that the seal affixed to said instrument is the seal of said Municipal Corporation and that said ins#rument was signed and sealed on behalf of said Municipal corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. C�liGt�� RiSl��t:-GLEASON Notary Public, State of lowa �� CommissionNumbar719988 ' �` My Commissian Explres i�� 3-J� STQTE OF 101NA . ss: DUBUQUE COUNTY On this �`"�day of , 2013, before me, a Notary PUblic in and for the State of lowa, in and for sai county, personally appeared C.�ea�� `(e.CoN , to me personally known, who being by me duly sworn did say that he/she is the t/j��.¢ (�rQ�,��.�d� of Truck Country of lowa, Inc. and that said instrument was signed � on behalf of said company by authority of its members and that they acknowledged the execution of this instrument to be the voluntary act and deed of said company by it voluntarily executed. Notary Public, State o lowa ��°�� COA4MISSIQNNUMBER709783 s _ * �''' � MY COMMiSSION EXP�RES �IIt�A -�-I STATE OF IOWA . ss: � DUBUQUE COUNTY On this �``� day of �� , 2013, before me, a Nota Public in and for the State of lowa, in and for said county, personally appeared � �rc� , to me personally known, who being by me duly sworn did say � that he she is the A�,,e��P �A-�e�- of Wausau Limited Partnership and tFtat said instrument was signed on beha�lf of said company by authority of its members and that they acknowledged the execution of this instrument to be the uoluntary act and deed of said company by it voluntarily executed. � o�,r� PATRlCIA L.JEWETT _ -�� COft�MISSION NUMBER 709783 Notary Pub c tate of lowa *�� MYCO MpISSfON EXPIRES IQYJA ,_.� ! �� STATE OF IOWA . ss: DUBUQUE COUNTY � On this �"'� day of , 2013, before me, a Notary Public in and for the State , of lowa, in and for sai county, personally appeared � �h _ �'�7`' v , to rne I personally known, who being by me duly sworn did say that he/s is the ,�� ;..� of McCoy Family lowa Properties and that said instrument was signed on b alf of said company by authori#y of its members and that they acknowledged #he execution of this instrument to be the voluntary act and deed of said company by it voluntarily executed. . WESLYN JAMES � � CcnwrifesionNwnber710053 Notary Pub c, at of lowa ' � ` �h+�,�� rQWF • �',i�� g ATTACHMENTS: EXHIBIT A: Legal Description and Plat of the Real Estate EXHIBIT B: Petition for Annexation EXHIBIT C: P[an of Sewer Service EXHIBIT D: Sewer Easements EXHIBIT E: Plan of Water Service �; � 'i 9 EXHIBIT A: LEGAL DESCRIPTION OF THE REAL ESTATE I I � 10 Lot 2 of McCoy Place and Lot 3 of the NW '/4 a!I in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, lowa, subject to highway and easements of record; Lot 2-1-1-1 of the NW '/4 of Section 12 Township 88 North, Range 2 east of the 5tn P.M. according to the United States Government Survey and the recorded pla#s thereof subject to highway and easements of record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of the NW'/4 all in Section '�2, Township 88 North, Range 2 East of the 5th P.M. according to the United States Government Survey and the recorded piats thereof subject to � highway and easements of record; I� and the vacated streets and alleys abutting said properties. � I ,� � I I I 11 (Page 1 oP 12) ° � I�IM�t�I��l�IIII��I� . ', ' oeo l�o��ppomareeeoeaa�3 ryp�.�x ' R cotdW:�Of/�%PWiqe tt�[�!2 725 PH '• �' - N�iUY�1Y�Thu�lw Meard�r , . � F�.2oi�-ooaoa�sa PRE�MED BY� 6W,R0. if65 PENNStLYAMA AYL OIMIIQUE�IOWA -{9G3?�yp-Z�l; FINAL PLAT • WALLER S7REET SU€�pIVISI�N iN DUBUQUE CQUNTY� lOWA PREPAREb FOR� TRUCK CO{1N7RY C/Q NICHOIhS MEIS 2099 SOUTHPARK COUR7 . ' • dU6UqUE, IOWA 52003 PHONE: 583-�45t-1287 ��T �Op FNC: 5d3-58�-2698 r'`�,y�2�7� n'lY j>>�r iHIS SUBpl41SI0N IS LOCATEO I�� THE �e�R��¢rSF�.�� t��r�s,y��o,� rv0�niwEST 1/4� SEC71oN 12, SnN � r�� o�.�k R?e�z, 5'fFlMP��P uU9U�E COUN�iYSrIOWA�E R7R�s�j�, �FRRi� '��Gy�y • R `�s PROPRtETOR: AS•SHOWN n I�REPARED FOR: 1RUCk CDUNTRY OF IOWA, WC. Gsr yN� �R yFR,pic ,� OA7E PREPAREb: DC709�R 9, 2012 �, �s'Ior � 562'46'3fi"E 80.00' • LfGENb r� ��or�� 3000' suaaiwsi� �our�DaRv Gor uN� t�r s' � � � � FOUND 5/8' IRON ROD W/ � w CAP N�. 12631 �3 ry � FOUN� 1 1/4 IRON PIPE �,� O SET 5/8" IftON ftOD W/YEU.OW e ry LUT 2 PLASTlC C�SP ND. 51306 � � �h MCCOY PLACE" ( ) RECARII INFQRMAlIt}N "�� ''� v +�°j MGCOY FAMIIY � =3�.�„�t� � �b �, �oo,' 1014A AROPERTIES LQT AR A��UMiAARY � �'�� 4 �r' � m . M,��v s.oQ � w • LOT A 22,960 SQ. FF. o�U G��¢� ,� �q •� �S • I "�r,�y� � M' .b� lsi S� . � LOT B 2,550 S4. fT, q Mti�o� •��. L0�G 1.Ob0 SQ. FT. �� S�e SB33y 32 E LOT� 9.762 S0. FT. q, a I TOTAL 36,262 SQ. FT. n' �ryN � 0.83 ACRES �, � =N /a��j�62l� � KEY W�YOt2AGE NS?'� �6� F "�. � . re�s•?'T � '� ' . <o �$�'��L r>q LOT 1 MGCOY PLACE ! to �� WAUSAU LIMITED PARTNERSHIP T>> ��/ tpr� � ,�� N52'26'25"W 60.9a' . 2 ��ti Ll�.@E9f31N� DlSZ �� M�� I�1 N27'28'57"E 85.00' � �' GRMHIC SCALE �i L2 tJ27'2B'57"6 35.OU' �� 0 100 20U L3 N62'48'05"W 3Q.00. (s , fv � �----�� L4 527'29'57"W 85.00' - °J• y�^ l6 S62'49'OS"E 30.OD' • �^ � idp' L6- 52f'28'S7"W 35A0' SW COR, " pRAYANG MAY HAVE BEEN REDUCEp L7 S50'55'S0"E 30.62' LOT 1 , - - ,u nunu��„ 1�AY r.a�m fx•r�ws u.ra su�vvNa aaann+T vas "e•x 3a`��p�wq wn4ti TMP+i�n o nr°RuaH�st+o°uw aRr�w�w.��me u�'�RHirs a� �♦ a;"� NOTE `�*,',��• �p�',k� ME SG7E CF 101PA. 1}iIS SURVEY IS SUBJEC7 TO _ ; y�AY A. : r ro�r�s p.� . ��`"`�a EASEMfr175, RESERYA110N5� _s`�i q.pLDERS :c: . �� . /�� mrwn ��Y RESTRICTloNS AND --• LS ��aos,:°� � RIGHTS-b�-WAY�F R�CORD i�'a ,.acr� A � oti�c A � P M. �S-Ih�-I ANG NOT OF RECOR0. by.r'•••, , �a-,c� ea�m wnc Pp xo.,ms 4 ...i `�d yOfMSE NG 70Y YY USQIaL RDIEYfN 4AlE 14 1t/31j1o1i • 5',n�41NIM�n 1N'��r PAGC9 pf SNEEfi CC19AD GY TIK SEM. 9fER!Y S A7E 10-OP�t3�Rf7 1 0l 4 . . U7�70%71710R41t70S17M1fl�tt717 R , 7Ga�,Eb� � Si.a.e N�he=: 2013-dQ000160 Saq: 1 1L (Page 2 ot 12) PRFP�p[D BYt �1Y P�C, iIS3 PFhNSYLYAHU A4E MYdU0.1E.W�YA (86�5`+Q-�4E4 FINAL PLAT � WALLER STREET SUBDIVISION IN DUBUQUE CflUf�TY, IOWA � SURVEYOR'S CERTiFICAIE I, Wray A. Chllders, o Duiy Llceneed Land Survayor G� the Stote af lowa, do hereby crrtlfy that fhe fdlowtny real estate was surveyed and plalted by me or under my direct personof supervis�on, To Wit: A pore�l ot rod estote as descrtbed tn the {7efault and Conaent Judgment QuleUng 7itle, Equlty Actlon 0131SEQC4 7�0472, fll¢d Auguet 27, 2012 In tha Gerk of UlstNet Court, Dubuque Gounty, lowa, descrlbad oe followa; , �II thnt pqrt of Woller Stree! In Dubuque Counly, lowa, thof Ie noslherly of the easledy exlension oF the northeasterly ifne ot lowo Street In Dubeque County, lowp, containing 0.83 acres more a (ess. Said port of Waller Street beiny locoted aoutheasterly o{ond conliguoua ta Lafa 60 and 61 In the Vllloge of Key Ykst; ond southeastedy of ond conitguouo io LoE � of t#,e Northwest Cuorltr of Scatton i2, Township 8B Norlh, Ronge 2 Euet of ihe 5th P.M., according to the recorded plois ll+areaf, Dubuqua Gounty, towo. , Thts aurvoy wos performod for tha purpoae af subdtvlding.cnd ptotting sold reai estote haneefalh lo ba known oa Waller Strea3 Subd�vleion in Dubuqur Coun�y,lowa; conlofning 0.95 aarea, mora ar lesa, ond aubJaCk to ebsements, rosor4otlone, restrtctlona, and Hghts—ot—wcy ot record and not ot record, iha plat ot whlch le • ottacnetl hereta ond made a port of thls certtHcata , � �..�. ' . "� YSI�QIM qNwK�sY�lmf M�w�.M1OMP�� W►�!M!V Yt�s�RIRAmlw III�IYIDVU�JIMIQ� VwFrvuaFwsi� NOI MF�� A 4 N^72 CHEi%LU WAO D.1.Na fY713 �is �o-w-u�m a er= UA iri�r�+maet k'S.la thmbsr: 2013-00000180 �aqc 2 (eage 3 0! 12) �� 1 . I' QWNERS'C4NSENT Dubuque,Iowa ��'ob�� 3� ,2412 'f he foregoing plat af�laller Street Subdivisian in T3ubuque County,Iowa is made with the free consent and in accordanoe with the desires of the undersigned owners and proprietors of said real estatc. MCCDY FAMILY I�WA PROP�RTI�S,L.P„ BY MCCO'Y FAMTLY,L.�.C.,C�eneral Partner g ; .. Ro ert L. cCQy,Manager �' STA'FE OF NfiVADA,COUN'�Y OF CLAKK. � This instrument was ac[cnowledged before me on�etober � � ,2412 by Robert L. McCoy as It�tanagar of MoCoy I'amily,L.L.C.,Generat Fariner o�IvtcCoy Family iowa Proporties, L.P. '�" �toT�wv�4J�Q Notarypublic STATE OF NEVADA � CouMy of Gterk ��,� JOWN CACCIT�LO . Nl Mment es do1.2D.20t3 i � Sile tPtm�Uer: 2013-00000180 6eq: 3 14 (Fage A of 12) � � . , r � WAUSAU LIMI7'�D I�ARTNERBHIP . By; MCCaY GROUP,INC.,as Crenera!Partner 4 By: cCoy Its;President STATE OF IaWA � COUI�IT'Y 0�l7UBUQUE This instrument was acknowtedged before me an Octqber�,2012}by GfCg MCCO�A3 President of Wausau Limited Partnership. �� •c � ` .� rarr�ic�nt�a�werr ` �s��mpo�su� s"`u �pMr�i5si0HNUMBEH7o97s3 Notary Publio in a for said State T�* MYGOM �mx► $ EXPI fS � E�.I�AH$TH R.KCRP�S T'12UST DAT�D APRIL 28,20l a, , . B�: Eli� eth R.Kirpes,as T tee STATE OF IOWA ) � )ss; COUNTY aF DCJfiiJQU$ ) �n this�day of�otaber,20t2,before me,the undersigned,allotary Fs�blic in and for the said S#ate,personally appeared#o me personally known,who,being by me duly sworn� i did say that she is the Trustee of the Elizabeth R.�irp�s'Trust dated Apri!28,2010,and that �lizabeth R.Kirpes�akt�owiedged the execntion of the instrument ta bc the volantary aot and deed of the�duaiary,and as the fiduaiary voiuntanily ex�cute.d, (Situnp dr Seel) EF�IMEHOL�p • �� Comm4dp�N�mbr7NlII .�.�--. •`'�'' ��1,. �O�Pi1�7��C Yile Nnmber: 2013-00000180 seq: 4 is (Page 5 oP 12) � . w'� , �• � J � J m R.T-�errig, r • STATE pF IOWA ) )ss: CL1UN'�Y QF DUBU�UE ) On this 7J-E�"day of�ctober,2012,before�ne,the undersigned,allotary Public in and f�r the said St�te,personalty appeared,to me known to be the person named in and who executed the fnregoing instr�tment,and acknowlodged that he executed the same as his valuntary act and deed. � � � ��i� . � Notary 1'ublic � � �I File Numbar: 2013-00000180 Seq: 5 16 {8age 6 of 12) � , � , ATTORNEYS AF�IDAVIT I,Chad C.Leitch�f 0'Cotu�or&Thomas,P.C.,certify that tbs property plaited at Lata A, B,C and D of Wal ler Street 5ubdivision in Dubuque County,Xowa is uwned by McCoy Fainily Iawa Properties,LP,Wausau LimitedPartuershlp,Elizab�th R.Kirpes Tntstee ofthe Eli�abeth R.Kirpes �'r��st dated Apri12S,2014 at�d 3�ustin R.Herrlg subject ta real estate taxes, O'CONNOR&THOMAS,P.C. By: Chad C.I.eitch Subscn`6edandsworntobeforerne�lus��dayo� �T"al�' .201�� Notary Public �•w y. AMY CaI.EASON ' Commission Numba 771 �6 �,e F� �ty Comm.Exp. � iI Fi1e Nw�ber: 20f3-00000180 Seq: 6 17 (Page 7 of 12) C�t]�lt3T�,T7�E�►SURER Dubuque,lowa �� —r,.� ,20� t,the und�st�nod,Br�c Stlerrnsn,Treasurer of Dubuque Couaty,Xowa,do herobY�Y thet al1 taxea levieti against thet put of tlValler Street rlght-of•way conteined in�t►a11er Sir�et Sabdfvtsion ia the Not�thwest Quarter of Sectian 12,Townehip 88 North,Renge 2 East af the Stl�P.M.,in Ilubugue Caunty, Iowa have been paid and said rosl e,titate is froe and olanr ofall#&xas as of this dete. ' �x 2� 8�;�st��,� �'lobuqua County Treesur�er I . �I � I File 1ti�bar: 2013-OOOODIBD seq: 7 18 (Page 8 0! 12) , corn��r�r�oa�n o��rw Dubuque,Iowa �1��,� 'L� ,20�2 The foregoing plat of R'aller Street Subtiirvision i�Dpbuque Counfy,Iowa is hereby stpproved by the Dubuque County Board ofHeatth and approval of said plat by the]�ubuque County�oard of Supervisors is hereby recommended. � Dubut�ue County Board ofI�ealth Chairperson - PL�I�I�IING S�RVIC�S-CI'TY OF DUBiJQUE I)ubuque,Iowa �/ai1. '� ,2df� . The foregang pla�af Waller Street Subdivis�o�t fn pabuquc Caunty,Towa, is w3thin the iwo mila jurisdiction o�i�e City af Dubuqe�e,Iowa,as defined undor Section 35�F of the Cnde of Iorrva,has 6een reviewed by tlte City pfanner,{or desi�ne.e)of tt�e City o�Dubuque in accordance with Articte 11:Land Subdivision of#he City of Dubuque Unified Development Code, nnd said a�proval has been endorse�i herein on the date�irst wr�tten above. Planning Services Division Csty of Uubuque,Iowa • CityPla�utar—T.�eura Carstens File Nu�riex: 20i3-OOU00184 Seq: 8 (Page 9 0! 12) CO�N'TY P�,ANNTIQG AT�D��NING llubuqve,Iowa ��G'' �� •2��Z The fnregoing plat of Wallet Street Subdivigton in Dubnqae County,Towa 3s here6y approved by the I?ubuque County Platu�ing and Zoning Cpmmission aBd approval of said plat Uy the Couniy Bnard of Supervisors is hereby r�commended. . u County lanning and Zoning Commisston' � CO�JNTY�OARD OF SC7P�RVISOAS Dubuque,Iowa ��4N• 2 .2t}�3 � The I3ubuque County Eoard of Supervisors of the Cauaty of Dubuque,Iowa,do hereby certify thet the foregoing plat of Walter Street SubdfvJsion in Dubu�ue Counfy,Iowa has been fil�d in the office of the County Boazd o£Supervisors,that by Resolutioa Na. /,3"De7! ,tha Dubuque County Boerd of Supervi�oz�have reviewed and approved said plat. Dubuque County Soazd of Supervisors ��ifj..a Chairperson . A'FTEST: � , De se M.Dolan,Dvbuque County Auditor r�ie x�er: 2ois-00000�ao seq: 5 20 (Page 10 0€ 12) COUNTYAUDITOR � ,.* , � �='��'•4\�: p�� bubuque,Iowa UA . � , �.,,,.�t •,�• 'I't►.e foregoing piat of'Waller Street Subdivisian in Dubuque Connty,Iowa:�a+��1��grec�o��*ece�c�p�t� : office afthe nubuque County Auditorthis 2+�d day of�gp�,� : .�-.t:_,�2Qj;�. � , � ,, `�..�—:. —z �' `r,, - i��; ; �'��p`'� ,7 We�pprova of the subdivision name or title to be reapzded. � f�":'► �=�" ';• ' �*, "�, �'. ' ,��t�>,w �`.;ay'•,�; '».'�u�.: • �. �J ��* i••.„y, ,''+�;' Fa;;. �Yi/Fv--' �' 1' —- ,'',t�.I/Y��' � �',+�f_ :{ei ti1. r t ;'� ' �«.... ' •��'.i .�5� b � . , ; .,-- De se .Dolan � `' �r� County Auditor of Dubuque,I �QUNTY SSESSOR . Dubuque,Iowa y 24�- ', Tho fbregoing plat of Walter Street Subclivision in�ubnqne County�,Iqws was enterecl of record iu the affice of the IJubuqu�Cor�nty Assassor ihis /,,�'� day of N ,2U t� . � bavi S.Kubik Dubuqua CQunty Assessor Fi1e Humbar: 2613-Q0000180 8eq: 10 (Page 11 a! 12) CUUNTY ENGINEER Dubuque,Iowa ��— ' �24.� Tlio foregaing pIat of Waller 5treet SubBivis#un In bubuquv County, Iowa has been reviewed far campliance with currant Dubuqua County Plattirig and S� �v�s,on regulations and has been approved 6y the CAunty Engincer of Dubuque County,Xowa,t�is�,day of��Arn�Q f _.�241�: �-��D�✓.�D�� Bref Wilkinson • Dubuque Gounry�ngineer �'LATS OFEI�FI� Aubuque,To�va �e.��„�P r,� ,20��. I,th�undersigned,Anna M.a'Shea,Dubuque County Plats a�cor, havB reviewed �nd examined for comptiance with ttro Dubuque County Platting and Subdivision Ordinanoe tl�e foregoing plat of Walter � Strect Subdivision in Dubaquc County,Iowa and hava found said plat to be acceptablo. - f� �_ ,Aitna M.O'Shea Dubuque County Plats Officer �CORDER'S CE�tTY�ICAT� Dubuque,Jowa �,i•� .��,� The foregoing plat of Walter 5treet Subdiv�taion�n'Du6uque County,Iowa has been reviewed by the Dubuque County Recatder, � . . ' �f ,;+:4• I ..`:'' ' .,.'rt '• Qr� �IJLLIIA �fd�� t�� i,....:y�-4:r�.. rf'�-fAFY=� ��{�VS/�••f�f1 _ :. :., :`'}'�'��'� ,�{.�?� : ' � °.%�{i• . •�'' // 1 ��L.y��- j — ; �'�:I1�� , �; d 3r� Kathy ynn Thurlow � �` � �J " ti � �A :� p,�,�..�. Du6uyue County Reoorder i�. •,s�8 + ,�,, :•r},�r.'� iw .d 'tij�_ '�� .. -� ...,..... � • �•• ��'�U��4.,�'�'��' , �,�_�= ;»�:::��,:��f�:�'- . �W �� a�■ ' ,1�,. 1 � :V File Nwnber: 2Q13-00000190 Seq: 11 22 (eaqe 12 of 12) GA RESOLUTION- �.3'OD/ , WHEREAS,there]ias been presented to the Dubuque County Board o£Supervisars a Final Plat of Survey£or WAI:LER STREET SUBDIVISION,comprised of that part of Waller Street in Dubuqua County,Iowa baginning at the northeasterly line o£Iowa Sfreet and � cflnNguous to Y,ots 60 and 61 in the Village of Key West and Lot 3 of the NW1/4 of SecHon 12, T88N,R2B of the S�`PM,Table Mound Township,Dubuque County,Iowa;and Wfi&REAS,said plat will creaEe four(4)lots,namely Lot A,Lot B,I.ot C and I,ot D of Waller Street 5ubdivision in 5ection 12,Tsble Mound Township,Dubuque Caunty,Iowa;and WHEREAS,said final p1aE has been examined and approved by the City of Dubuque Planning Services;and . VJHERSAS,said plat has been examined by Dubuque County Planning and Zoning Commission,Dubuque County Board of Health,Dubuque County Engineer,Dubuque County Treasurer and Dubuque County Plats Of�cEr and hes their approval end mdorsed thereon;and WHEREAS,said plat has been examinad by the Board of Supervisors of Dubuque County,Iowa,and Wey find the same conforms to the statates and other reguletory ordipances . and resolutions. NOW,Tf�R�FORE,BE TT RESOLVED,by tha Bo�rd of Supervisors of Dubuque County,Iowa: 1. That the above descrihed propeity is within the"B-1",Business district,thus subject to all the reqairements of that disirlct. , 2. That each lot will become an integral patt of the adjoining Iot and get acce.ss to that lo�to wit; Lot A of Weller Strcet Subdivision will be an inte�al part of Lot 3 in the NW 1/4 - and I.ot 2 of McCoy Place, Lot B of Waller Street Svbdivision will be an integrel part of Lot 61 and the SW 25'of Lot 60 in tha Village of Key West, Lot C of Waller Stre�t Subdivision will be aa integral pazt of the NE 35'of Lot 60 in the Village of Key West, � ' Lnt D of VJaller Street Subdivlsion wlll he an integra]part of Lot 1 of McCoy Plaee ali in Section l2�I'88N,R2E)Table Mound Township,Dubuque County, Iowa. 3. Thst the above described plat be and is hereby appraved and tha Chaizperson of the Boazd of Supervisors is suthorized and directed to endorso the approval of Dubuque County,Iowa upon said plat. PASSBD,ADOPTED AND APPROVED by the Dubuque County Board of Supervisors on fhis � 2nd day of 7ativary 2013. , Bric Ivlanternach,Chair Board of Supervisors A ST: � -,�r, , r4 :,,� MonaManternech,Ueputy - Dubuque CountyAuditor File N�ber: 2013-00000180 3eq: 12 23 EXHIBIT B PETITION FOR ANNEXATION I I I � j i I � i i 24 DATE FILED ' PETITION FOR ANNEXATION AND ZONING ' TO: Zoning Advisory Commission of the City of Dubuque, lawa . Mayor and City Council of the City of Dubuque, lowa Board of Supervisors, Dubuque County, lowa The Petitioner(s), RespectFully State(s) Under Oath: 1. That the Petitioner(s) islare the sole owner(s) af record of the following legally described land hereinafter to as the "Real Estate". See attached EXHIBIT A: Legal Description. The Real Estate is further identified as parcel number 1512107007, 1512152009 and 1512954002. 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 B: Plat of Annexation. 3. That the Real Estate should be zoned a C-3 General Commercial Zoning District far #he following reasons: a. Conformance with the Dubuque Comprehensive Plan and Future Land Use Map. b. Compatibility with current use and Unified Develapment Code. The Petitioner(s) RespectFully Request(s): �i 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 this Petition be referred to the City of Dubuque Zoning Advisory Commission for its consideration and recommendation for zoning as a C-3 General Commercial Zoning Distr'tct, pursuant to its powers under Title 16: Unified Development Code o€ the City of Qubuque Code of Ordinances and Chapter 414 of the Code of lowa, whereby the City of Dubuque Zoning Advisory Commission may recommend to the City Council a zoning classification suitable for the Real Estate upon annexation to the city. 3. That such other action may be taken as is appropriate in the premises. � 25 I/We, the Petitioner(s), hereby state that the preceding statements and all statements made in supplementary material, and all attached documents submitted by me/us are true and correcf. Signed on this day of Telephone: Subscribed and sworn before me this day of Notary Public 26 ATTACHMENTS: EXHIBIT A: Legal Description EXHIBIT B: Plat of Annexation 27 EXHIBIT C PLAN OF SEWER SERVICE 28 `,` � . a,;:N�cr ro�x��r�mc ur,�Ha�.e � � � —�� cor.�na��e��srir,c�.inNtieLE To � � � ' a=_crrr.iFe.;�naar.vin=rrarea �/ ��• � . �� - � �LFIT6E,:L.'an��VCUT.REP,lO'rEnNo - � l Q,� J�� ,-�;.. AEPLf�LE F.�J.iF1[i:VCG f+nl'FhIi-N'. r ��6 �� Y � .',.a" FULI.f'hiJFL Fif I.n:�NEIJ74h1G �� qE1' . J . \ �. DONFIS'rE`U�R=o. , � � `� � ,�x. � - y � ' � - �nouNUcLtJ.-776= �:��,• .`� ' - ',�� U'PiPEELEV.=77�.f i \. , . . � . S . . � / f �GR(1L'IYf}Fi.cJ.---03 , �� ''�`r, � IY'PiPE ELE�'.��G9 t , . ��.+ �'�''. c��'J93 � � �/// . �..p".,�,'_.:. . °��'} �� '� ,:/ / �.`-1tWHTAWPncITA;E54APE .+#6!.'. � . Ali�f•e,:\"�`. ,j J UP?OAtANMI}LCW�N'ECTiON _ ' '::�I "'� * e� a '1 /� POINI. �'�f.. � ,'� �� I ' ` - ��,� � ENCVN�ELEY.�TI71 �! . 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City Planner Address: Gitv Hall,50 W. 13th St,Telephone: 589-4210 Return to: Kevin Firnstahl, Citv Clerk Address: City Hall, 50 W. 13th St. Telephone:589-4121 RESOLUTION NO. 132-17 RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY A{�NEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received written appfications from property owners far the voluntary annexation of 56 acres of property which includes 5.87 acres of County right-of-way located on the northwest corner of the intersection of John F. Kennedy and Derby Grange Roads with connection to the city of Dubuque by John F. , Kennedy Road right-of-way; and � ;i Whereas, Marlene L. Brimeyer, as property owner has submitted a written � application for voluntary annexation of approximately 1.42 acres of territary lying outside � the corporate limits of the City of Dubuque, lowa as shown on Exhibit A and legally p described as: � � A part of Lot 1 of the Subdivision of Lot 1 of the Southeast % of the Southwest 1/4 !� of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the � County of Dubuque, lowa, more particularly described as follows: ;� Beginning at the Northeast corner of Lot 1 of the Subdivision of Lot 1 of the � Southeast'/ of the Southwest '/ of Section 9, Township 89 North, Range 2 � East of the 5th Prmapal Meridian, in the County of Dubuque, lawa; , Ther�ce South 11 Degr�� 58 NYinufes 32 Seconds East afong the East lins � 6 of said Lot 1 a distance of 500.82 feet; � � a Thence Southeasterly along a circular curve concave to the East, having a ^ radius of 955.37 feet, a chord of 387.07 feet which bears South 23 Degrees � � 33 Minutes 34 Seconds East, an arc length of 389.77 feet to the Southeast corner of said Lot 1; d Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a distance of 39.63 feet to a point on the Westerly right of way line of Kennedy Road; Thence Northwesterly along said Westerly right of way line being a circular curve concave to the East, having a radius of 988.37 feet, a chard of 378.50 feet which bears North 22 Degrees 54 Minutes 51 Seconds West, an arc � length of 380.85 feet; Thence North 11 Degrees 58 Minutes 32 Seconds West along said Westerly right of way line a distance of 506.68 feet to a point on the North {ine of said Lat 1; i I 6 S 3 t � Resolution No. 132-17 � Page 2 Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a distance of 33.52 feet to the point of beginning, containing 29,337 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record, and; A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, iowa, more particularly described as follows: Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, � in the County of Dubuque, lowa; Thence Southeasterly along the Easterly line of said Lot 1 of Lat 1, being a �I circular curve concave to the East, having a radius of 955.37 feet, a chord of �� 145.47 feet which bears South 39 Degrees 36 Minutes 48 Seconds East, an arc length of 145.61 feet; � �I Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly C line a distance of 33.40 feet to a point on the Westerly right of way line of Kennedy Road; d Thence Northwesterly along said Westerly right of way line, being a circular tl curve concave to the East, having a radius o�988.37 feet, a chord of 177.98 � feet which bears North 39 Degrees 07 Minutes 07 Seconds West, an arc length of 178.22 feet to a point on the North line of said Lot 1 af Lot 1; Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line � a distance of 39.63 feet to the point of beginning, containing 5,344 square li feet, more or less, and is subject to easements, reservations, restrictions and � rights of way of record and not of record. A part of Lot 2 the Subdivision of Lot 1 of the Southeast '/ of the Southwest '/ of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, lowa, more particularly described as follows: Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision of Lot 1 of the Southeast '/ of the Southwest '/ of Section 9, Township 89 North, Range 2 East of the 5th,Principal Meridian, in the County of Dubuque, lowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 731.49 feet to the point of beginnin�; � Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the � 1 North line of said Lot 2 a distance of 137.55 feet to the Northeast corner of � said Lot 2; � � i Resolution No. 132-17 ° Page 3 � ' Thence Southeasteriy along the East line of said Lot 2, being a circular curve � concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet � which bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of ! '191.63 feet; 'I ii � Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line j a distance of 258.07 feet to the Southeast corner of said Lot 2; � Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line �' af said Lot 2 a distance of 33.52 feet to a point on the West right of way line li of Kennedy Road; �I; , � Thence North 11 Degrees 58 Minutes 32 Seconds West alang said west I,�i right of way line a distance of 279.21 feet; ',i � ; Thence Northwesterly along said West right of way line, being a circular �� curve concave to the East having a radius of 98$.37 feet, a chord of 34.46 ;; feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc !� length of 34.46 feet; ;i I h�nce North 47 Degrees 24 Minutes 27 Seco�ds West along said ill/est ' il right of way line a distance of 159.58 feet to a point on the South right of way �� line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 ' feet to the point of beginning, cGntair�irg 27,435 square feet, rnore or less, 'i� and is subject to easements, reservations, restrictions and rights of way of record and not of record; and �; �� Whereas, Derby Grange LLC, as property owner has submitted a written application � for voluntary annexation of approximately 50.4 acres of territory lying outside the corporate � limits of the City of Dubuque, lowa as shown on Exhibit A and legally described as: � ,� Lot 1 of Tscharner Place No. 4, Dubuque County, lowa; and � , � Whereas, James F. & Janet M. Kress, as property owner has submitted a written application for voluntary annexation of approximately 2.99 acres of territory lying outside the corporate limits of the City of Dubuque, lowa as shown on Exhibit A and legally described as: , The East 153.00 feet of the South 850.00 feet of Lot 2 of Tscharner Place No. 4, Dubuque Gaunty, lowa; and � A Whereas, the City of Dubuque, as property owner has submitted a written � application for voluntary annexation of approximately 1.35 acres of territory lying outside � � � h a � Resolution No. 132-17 ' Page 4 the corporate limits of the City of Dubuque, Iqwa as shown on Exhibit A and legally described as: � Lots A, B, C, and D of Goldthor Place, in the Count of Dubu ue lawa� and � p Y q > > � � Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H. Stewart Subdivisian, Section � 16, �; Township 89 North, Range 2 East of the Fifth Principal Meridian, in the County of � a Dubuque, � lowa; and ry � Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section � 16,Township 89 North, Range 2 East of the Fifth Principal Meridian, in the County of ii Dubuque, lowa; and � i Whereas, the annexation territory is not subject to an existing annexation il moratorium agreement and does not include any State or railroad property; and � i Whereas, the annexation territory does include Dubuque County right-of-way; and �I ; Whereas, Chapter368 of the Code oflowa authorizes this annexation by adoption �jl of a resolution and required notifca#ion; and j� r � � Whereas, the annexation territory is consister�t wiih the City's Camprehensive Plan; ; and � � WhPreas,the future growih ��c� dev�Bopr�ent�f�hs City oi Dubuque, lawa makes it �i desirable that the annexation territory be made part of the City of Dubuque, lowa; and � Whereas, the City of Dubuque has the capacity to provide substantial municipal � services to the annexation territory; and ' tl � a � Whereas, the annexation is in the public interest. � ;� NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the applications for the voluntary annexation of property owned by Marlene L. Brimeyer(1.42 acres), Derby Grange LLC (50.4 acres}, James F. & Janet M. Kress (2.99 acres), and the City of Dubuque (1.35 acres) and 5.87 acres of � County right-of-way which includes John F. Kennedy Road and to the abutting centerline of � Derby Grange Raad are hereby approved for annexation to the City of Dubuque. Section 2. That, subject to the approval of the City Development Board, the corporate limits af the City of Dubuque be and they hereby are extended ta include the � approximately 56 acres of annexation territory as shown on Exhibit A Site Location Map � and Exhibit B Legal Descriptions. y , � � � � � Resolution No. 132-17 ul � Page 5 � � � �� Section 3. That the City Council does hereby certify that the City of Dubuque has ,� complied with the notice and hearing requirements of the lowa Code pertaining to 100% � voluntary annexation of territory within the urbanized area of another city. ' Section 4. That if the City Development Board approves this annexatian,the territory � hereby annexed shall become a part of Ward One of the City of Dubuque. � � Section 5. That the City Clerk shall file this resolution, all exhibits and the i applications for vofuntary annexation with the City Development Board of the State of lowa ;� in accordance with the provisions of Chapter 368 of the lowa Code. ii i Passed, approved and adopted this 3rd day of Ap I, 2017. �� ;.. �, „ � � � Roy D. Buol, Mayor !'i � �� Attest: � �! � H Kevin(S.'Firnstahl, `Gity C erk !a F:\Users\Wwernimo�Annexation\Rustic Point Area\Rustic Point annexation 2017 approval resolution.doc � � ; � s � I � � � � � � � i 6 � � P �y � � � o a is�iii i i i si ii i �ii o i� �io i i ir iiii iiii i ii iiii Doc ID: 008348310015 Type: GEN Kind: AGREEMENT Recorded: li/18/2015 at 02:39:20 PM Fee Amt: $77.00 Pa�e 1 of 15 Dubuque County Iowa John MurphY Reaorder File20i 'r�}' -00014756 Pre ared b Crenna M. Brumwell 300 Main Street Suite 330 Dubu ue IA 52001 563-589-4381 p Y , , q � Return to Kevin S. Firnstahl, 50 West 13t" Street, Dubuque, IA 52001 563-589-4100 � �I PRE-ANNEXATION AGREEMENT �I BETWEEN I THE CITY OF DUBUQUE, IOWA � AND � DERBY GRANGE, L.L.C. I'� « „ � This Pre-Annexation Agreement (the Agreement ), dated for reference purposes � the�,/��day of��J_�✓.��',,,� , 2015, is made and entered into by and between the � City of Dubuque, lowa ("City") and Derby Grange, L.L.C. ("Owner"). � Whereas, Owner is the legal owner of real estate legally described as: � Lot 1 Tscharner Place #4 ' and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real a 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 a set forth would further the growth of City, would provide for the harmonious � �� , � � ; development of City, would enable City to control the development o# the area and would serve the best interests of City. ' NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL � COVENANTS AND AGREEMENTS HEREIN CONTAWED, IT IS HEREBY AGREED 1 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 ; i�� c��i�� , 2015 until the annexation of the Real Estate to Ci#y is finaL SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this Agreement, wiil submit to the City Clerk a Petition for Annexation of the Real Estate by I'; City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to I the City Council for consideration at such time and under such circumstances as fihe 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 i the right to withdraw its consent to the Petition and waives its right to object to annexation. SECTlON 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative cosfis associated with fhe 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 i 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 foilowing 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 �t � s 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 af the Real Estate, obtain water services from a rural wa#er 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 af 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 li water service pravider for losses resulting from annexation of all or any par� of the Real i 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 I'' regular City water rate paid by all other City residents for such services. ,� I 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 1 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. � 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, and sidewalks 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 actian of the City Council, after 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 3 9 Real Estate as private streets. If Owner maintains as private streets, City will not make or require impravements 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. 7.3 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 on 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 City, is requirec! at the owner's expense to connect to such facilities directly with the property public sewer, in accordance with City standards. If, at the time of annexation, the nearest property line of the Real Estate is within two hundred feet {244') of a public � sanitary sewer, City, Owner, Owner's heirs, successors and assigns, inciuding but not Jimited to the fiuture owners of the Real Estate will be required to connect to such sewer. I City Code of Ordinances Section 13-2-3 is subject to change and may na longer be in !, effect at the time af annexation. ;� � SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assignees and shall , be recorded with the Real Estate and will apply to any subsequent plats and/or �; subdivisions of the Real Estate. �� ; SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is held invalid, such invalidity shall not affect any of the other provisions contained herein. � �I SECTION 10. DEFAULT. � 10.1. Failure by Owner to substantially observe or perForm any materiaf covenant, � condition, obligation or agreement on its part to be observed or performed under this � Agreemen# cans#itutes an Event of Default. , � 10.2. Whenever any Event occurs and is continuing, City may take any one or more of � the following actians 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 R 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; , , 4 � i � � (3) Owner will reimburse City for all amounts expended by City in connection wi#h the Agreement, and City may take any action, including any legal action it deems necessary, to recover such amounts from Qwner; (4) City may take any action, including legal, equitable ar administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and abservance of � any obligation, agreement, or covenant under this Agreement. SECTION 1'I. NOTICES. Any notice to be delivered pursuant to the terms of the Agreement shafl be delivered or mailed by certified mail, return receipt requested, to the respective parkies at the following addresses: ,� If to City: City of Dubuque � City Clerk ;� 50 West 13t" Street , Dubuque, lowa 52001 � If to Owner: Derby Grange, L.L.C. � � Attn: Brian Riniker j 2300 Stone Brook Lane � Eldridge, IA 52748 � SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City Council of Dubuque, lowa in its sole discretion. N � � � � ' 5 � � ; 1 CITY OF DUBUQUE, IOWA DERBY GRANGE, L.L.C. % � � By: By: Rby D. B , Mayor Brian Riniker, Member ATTEST: � �f Kevi .S. Firns#ahl, City C erk � On this � aay of��'� '_, 2015, 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. � �p1AI fl �,I�MC��a�f7LM[V � ��e / ��. Commission t�u ber 77241 `;�p��r �Ap Comm.Exp.L� r� � Notary Public in t State of lowa My Commission expires '�"� �'�-� I � On this � day of �P,�o�Jnf , 2015, before me, a Notary Public in and for said state personally appeared Brian Riniker 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. ` �. � \ �I'G�A�1 Notary Public in the Sfiate of lowa My Commission expires '� `� r`1 DENISE R DECKERT Nofiaria15ea1.�OWA Commissiot�No.74639 My Commission Expires \� \� 6 � � ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation j g � d �� a I li � � ;� � � � � �� ; � � 7 � a u � u EXHIBIT A � LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED LOT 1 TSCHARNER PLACE #4 �� I � � � '� ; i 'I ','i II �i �, 1 � � I� �i � I � I � B W i � 8 � ; i a T f�-7 EX�IB�T� r.�c:nr.r�r:yc xrrrr�c��ur�.nnru ro�s�:nN,vcxr:ir. �".� tur r cia rsr�rnrt�vrrt rcncc No.a,scerrax 9, D�1""1�I J�'�- �1 p E 7Y1 WIYSHiP N9 NI7H7Fi,I1ANC.F 2 FAST 07'TNF.f71Tf1 P.M., ❑lIHUQ[fF CUtI:VTY,![1WA - hL�r.f:r�rir..��rl�r hli,>r„q'1'� ....��....�,...,......�....�.��...�� LAV TA E ATE � VISTA E TATES � �"i� '� Jl LOT2 �. TSCHARNER � PI,ACE#3 0. � a i. • � �:. r AREA TQ BE ANNEXED �flTfi PtN # 7 U0932fi003 LDT 2 �'$GHARNER PLACE#4 f .%� r/ � �, � �j f � L�T 5 � � �� r�r `� LdT LINE[7Yp.) � fF �dT a f/� DARW ACRES - LOT3 LOT1 / LDT 2 TSCt-iARNER LOT 1-2 Pl.ACE HO.2 i:�.i:';�"�"� L�T 1-1 75CHARh1ER PLACE �;/;�;.,• �•. :_ ��'. � �:�/l:.l,. •.•� L072NESVJ r i. BY.GR(3�i7G , �costeriru rxz LOT 12 BLPCK 3 L�T2 � BAR�NY LOT 7 SW SW-SEC 09 T89N R2� SW SW L4T 2-i SE SW-SEC 09 T69N R2E WppOS SEC fl9 T89N R2E 1�I ' 'y Map Prapared 6y i ,. , . ; , , 1 inch= 30D fee# � ��y��ua��,u -, , 32a �eo q 320 Feet W�� AREA TD$E ANNExEp Ergineuring pivisio� � 5�Wesl 731h Shor� Duhuque,lowa 5200 .. .. � . . .. . . ' . ...-�..... Phane:[563J 589�427 9 ' ' EXHIBIT B PETITION FOR ANNEXATION DATE FILED TO: Mayor and City Council of the City of Dubuque, lowa Board af 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 Map of Area to be Annexed. 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 la City of Dubuque, lowa. See attached Exhibit A: Legal Description and Map af Area to be " Annexed. II The Petitioners Respectfully Request: '�, ,I 1. That the above-described Real Estate be annexed to the City of Dubuque by resolution of the i 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. Ij , We, the Petitioners, hereby state that the preceding statements and all statements made in supplementary rnaterial, 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 cansent to this Petition and waive the righ# to object to annexation. Signed on this day of , 2015. � � � Telephone: 563- Telephone: 563- Subscribed and sworn before me this day of , 2014. Notary Public ATTACHMENTS: EXHIBIT B-1: Legal Description and Map of Area to be Annexed EXHIBIT B-2: Pre-Annexation Agreement 10 1 � c � EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED LOT 1 TSCHARNER PLACE #4 � � 'h 4 , � � 11 � E�� r�c::se.e�1:s[[trr•�ruN u�'a.nrvi�rri i�1.n,Un�r.xi.rr. �niucrn��. _- �•.,..•.. Dr rD� 7,pT i f.11'75C'lfAHh'f.'R f�l.Ai.'F NP.A.Sl"C.T1pN 9. �A�I S� L J�7 E rowxsrrrr s�nrortrrr,ru,ti�cc a cns�•�r rrer.FefTir e�tir., ,ti��r,r�•��•�,��r,.•n+�..,.,,�� rnrrru[2ur.r::[�u�r:row.5 �..��........................... V15TA� YATES �V TA E ATE 1 , ,,. .,f. ,� i, � r � i �f LOTw TSGHARNER x, � PLACE JF3 44 � � � �. AREA To BE � ANNEXE❑ ��T� PIN # 'I DU932fi003 ,. f; i:-. . r' LOT2 FSCHARNER PLACE#4 �•�'�, .�� ', ��/��.. .� � ..�.� .' � ' r rOF TSGI-lI.IR�IEi�'P!�, r �vr s i� �. , . . -.�. . f�� '.�: � / % Ld7LINE[TYP.] :�j�.�/' ,'%•.:��. . j LdT4 i �: . na�w ACftES LOT 3 LQ77 LOT2 FSCHARNER L�T 1-2 PEACE NO.2 LO77-7 TSCHAfilJER PLACE � �� LOY 2 NE SW 5E.G OB75BN R2 / / / - ._.. _.. _. _ _.,.�-.. ' t07 12 - - SLOCK 3 LOT2 .� gARpNY LOT 1 SW SW-SEC Q9 T69fy R2E SW SW LpT 2-S SE SW-SEC 09 TB9N R2E WpDQS SEC Q9 T89N R2E •.:.: . N nnf,P o�e�a�e��, ' ' _ _ 1 InCh= 3flfl feet � �oy ar o�b�q� ' ,' 3z� f6a 0 32Q Feer ��E � ARF�1 TU$E ANNE]S£� Enginearinq Divisio� SO VJest 1317i Slrae F'r Ou6uq�e,Irnva 5200 �. . �. . � . � .� .. � -.. P1�onN:[563]589�27 EXHIBIT B-2 PRE-ANNEXATION AGREEMENT � � ()nsert fully executed pre-annexation agreement here) � � i , i � �I ; ; 'i �� ,� I ';; � � II n ;� � ,, h �� r ! � ; �� ; � 13 9 R a � IIII II II illll I �!ill I!I II 11 Ilil ll 7oc 3D: 0103i2190005 Type: GEN {ind: ANNEXATION Zecorded: 07/15/2019 at 02:23:29 PM Fee Amt: $27.00 Pape ] of 9 pubuque GountV Iowa ,1ohn Murphy Recorder File24�9_00007393 ` F Frepared by: Laura Carsten il Planner Address: C�_Naif,50 W.43th SL Teiephone: 583�4210 Return!o: Kevin Firnsfahl,Ci Clerk Address; Citv Hall,50 W.131h St. Telaphone:588-4 i21 a�so�urrotv �a,a�o-�s RESOLU�'f0�1 APPF�OVI�fG RN APPLICATION FOf�VQf_UNTARYA�INEXATION QF 7ERRITORY Tp 7NE CITY OF DU�UQEIE, lOWA Whereas, fhe Gity Counctl of C)ubuque t�as r�ceiv�d a vvritten application fram F2oyal Daks Qe�eloprrie�t Corporation for the vol�ntary annexatian of 9[36,�6 acres of prnAerty which includ�s D.99 acres of Dubuqu�Cnunty right-of-way located at the intersecti�n af �Imwood Drive and Silver Daks�rive with conn�ction to fhe cityof�ubuque by�fmwood Drive right-of-way as shown nn�xhibit A anc�legally descrif�ed as: Lnt A, ar�d Lots 3� thru 42, inclusive, of 5ilver Qaks Esfates, in []ub�que Co�nty, lowa;and Lofs 1 and 2 of Wa�fer Metcalf]'�ace, in Dub�que Cc�unty, lowa;and Al1 tf�at part c�f the rigtit of vday nf Elmwood C}rive fying soufh of#he south right of +�vay line of Metcalf Lane,extended northwesterly, in �ubuque County, fowa; and Whereas,#h� annexation territory is not subj�ct to an existing annexafion mora#orit�m agreemer�t and daes not include any State or railroad prop�:�ty; and Whereas, kh�annexaiian territory dnes incEude Dubuqu�County righi-o�-way;and Whereas, Chapter368 of the Code of lowa autharizes this annexafion by acinptlon of a resolution and required notificafion; and Wf�e�eas,the annexation territory is consistent with the Cit.y`s Camprehensive Pfan;and Wh�reas, the future growth and development of the Git��of Dubuque, lawa malces it desirable that the annexation terrikory be made part oF the C:ity of Dubuque, lov,�a; and Whereas,the Gity af�3ubuque has ti�e capacity fio pravide substantial municipal services to fhe annexation territory;and Whereas, the anr�exation is in the public interest. NC)W TN��'{�FORE, BE IT �E50LVED BY TH� CITY (;OUNCIL OF THE CITY OF= DUBUQUE, IOWA: Section 1.That the�pplication for the voluntary annexation of property owned by Royal aaks�evelopment Carporafion consisting of 9 fl6.96 acres oi�property which inoludes 0.9�J acres of Oubuque County right-of-way located at fY�e intersesction of Eimwood Drive and Sil�er Oaks Dri�e wifh connection to the city of Dubuque by Elmwood Dri�e right-of-way as shown on Exhibit A and legally described as: a-�� G'�� G��. , ' Resol�tion No. 210-'19 , Page 2 _ Lat A, and l�ofs 3'1 thru 42, incl�sive, of SiJv�r Oaks Estates, in Dubuq�� Caunty, Eowa; ancf Lnts 1 and 2 nf V�lafter MetcaEf Piac�, in Dub�q�e County, lnwa; and Afl t�tat pa� of tha right of way af Elmwood Drive iy9ng south of the south righf of way lir�e of Metcalf La�e, extended northvv�sterly, in D�buque County, lowa; is �e�eby approved for annexation to the City of Dc�buqu�. � Section 2.That�ubject ta#h��ckn�wledgement�y the S��cretary of S#afe tha#the[egal descriptian, map and resa{ution have been received, the rorporate limits of ti�e City of Dubuque be and t�ey hereby extended to include the 1 U�.96 acres of prap�r�y wh�ch irtc�udes�.9�acres of Dut�uc�ue Gounty right-of-way locat�d at the intersectian af Elmwood Driv�ar�d Silver Qaks Drive with cdnnsction to the city of Duk�uque by�Imwood Driv�right- of-way as shown on Exhibit A. � S�ction 3. That the Ciiy Counci! does hereby cerkify tr�at �he City of �ubuqu� has complf�d with the notice and hearinc� requir�ments of th� lawa Code pertainir�g ta 9 QO°/a vof�ant�ry annexation of territory not in urbani�� area of another city. 5ection 4. Ti�at the terrifnry hereby annexed shall becon�te a par� o€Ward ane of the C�ty af Dubuque. Sec#ior� 5. That the City Cl�rk shall file this resnlution, all �xhibits and the app(icatia�s for vol�n#ary annexati�n witi� the Secretary of State in accordance wit� #he provisior�s of Chapter 368 afi fihe fowa Cade. Passed, approved a�d ado�te� tY�is 3�d day of J�ne 20�S�. U�r �� y D. Bual, Mayor A#test: _ ,� � J /� /' Ke�in S. Firnstahl, ity C�erk F:lUserslWwernimotiAnnexaGanlRnyal DakslApproving resolution ZQ19.doc.doc CERTlFIGATE of the GITY (;LERK STATE OF IOWA ) ) SS: COUNTY OF �UBUQUE ) I, Kevin S. Firnstahi, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, lawa, in the CoUnty aforesaid, and �s such City Clerk, I have ir� my possession or have access #o the records of the proceedings of th� Gity Council. 1 do further state tha� the hereto attached Resolutian No. 2'�0-19 is a true and corr�ct capy of t�e original. In Testimony Whereof, I hereunto set my har�d and official seal ofi the Ci�y af Dubuque, lowa. Dated at Dubut�ue, lowa, on this 'f Oth day of July, 2019. �' y �- �Fy{::':. .. � �"f ��f ``� �i^ �� _. ' � � � J E�.` . �, ; <h � Kevi� S. Firnstahl, CMC, City Cl�rk . �e l�� c�'ea�'�.,��i:�> 8 P } [YY ' �( ` {SEqL) .� e� :) , i r- i i} r i� y'91. d�'",+�t` ��j � �'1�� - ,�/�5��' ! l��A� n�'. . -x � ��1 1 T. ' �i�iiii iiiiii iii iiiii iiiii iiiii iiiii iioi iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii Doc ID: 008334850017 Type: GEN Kind: AGREEMENT Recorded: 10/22/2015 at 03:08:34 PM Fee Amt: $87.00 PaAe i of 17 Dubuque County Iowa John Murphy Recorder File2o1 5-004 1 3 6 2 0 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4100 PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SPIEGEL FAMILY REALTY COMPANY IOWA LLC This Pre-Ann xation Agreement (the "Agreement"), dated for reference purposes thef��day of � , 2015, is made and entered into by and between the City of Dubuque, lowa ("City") and Spiegel Family Realty Company lowa LLC ("Owner"). Whereas, Owner is the legal owner of real estate legally described as: The North 1010 feet, except the East 660 feet thereof, of the NW '/Z of the NE '/4 of section 26, T.88N R.2E. of the 5th P.M. of Dubuque County, lowa, excluding that part thereof conveyed to the State of lowa by Warranty Deed for highway purposes recorded in Book of Lands No. 57 Pages 499 & 500 and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in Instrument No. 979- 1995, Dubuque County Records. 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 ��o� � � CQ.QV��- 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 provide for the harmonious development 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. SEC ON 2. TERM. The term of this Agreement is from the�� day of , � , 2�15 until the annexati�n �f the Real Estate t� City is inal. 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: 2 1. For the first and second year, seventy-five percent (75%). 2. For the third and fourth year, si�y percent (60%). 3. For the fifth and sixth year, forty-five percent (45%). 4. For the seventh and eighth year, thirty percent (30%). 5. For the ninth and tenth year, fifteen percent (15%). SECTION 6. CITY WATER SERVICES. 6:1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will obtain City water services to the Real Estate. 6.2 If Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, obtain water services from a rural water provider prior to annexation, Owner must use City water services to provide water to the property upon annexation. For provision of such future City water services to the Real Estate, the Owner, the Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, shall be fully bound, jointly and severally, to pay City the sum of any and all amounts City is required to pay as compensation to the rural water service provider for losses resulting from annexation of all or any part of the Real Estate by City and such amounts as City may be required or reasonably agrees to pay the rural water service provider as a settlement for resolution of any claims, disputes, objections, protests or litigation related to or arising out of City providing water service to all or any part of the Real Estate, following annexation of the Real Estate to City. 6.3 If Owner obtains City water services prior to annexation, Owner will pay 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. 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, and sidewalks 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 � 3 Estate, by action of the City Council, after 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. 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 on 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 City, is required at the owner's expense to connect to such facilities directly with the property public sewer, in accordance with City standards. If, at the time of annexation, the nearest property line of the Real Estate is within finro hundred feet (200') of a public sanitary sewer, City, Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate will be required to connect to such sewer. City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in effect at the time of annexation. SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assignees and shall be recorded with the Real Estate and will apply to any subsequent plats and/or subdivisions of the Real Estate. SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is held invalid, such invalidity shall not affect any of the other provisions contained herein. 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 4 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: Spiegel Family Realty Company lowa LLC P.O. Box 50 Peosta, lowa 52068 SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City Council of Dubuque, lowa in its sole discretion. SECTION 13. TAX INCREMENT FINANCING. If City determines Tax Increment Financing (TIF) is a valid method for providing the Real Estate with various utilities and improvements, Owner will consent to and agree to any TIF proposal or agreement proposed by the City. 5 CITY OF DUBUQUE, IOWA SPIEGEL FAMILY REALTY COMPANY IOWA LLC � �� , gy: gy. ,C� _ Roy D. Buol Mayor A. J. pieg I ATTEST: ._.---__ Kevin . Firnstahl, City erk On this��%�ay of �- , 2015, 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 a � ? �p�� RF PA J.NcCARRON GommissionNu nerrr2a�9 Notary Public ' e State of lowa 'o*-� My Comm.Exp. My Commissi expires '�o�/ � On this �day of_ ,��-j�'�,r , 2015, before me, a Notary Public in and for said state personally appeared A.J. Spiegel 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 Publi the State of lowa My Commission expires -�� , , . �Ir�.�. 'AK"��f 1Y,l,Et�RF° �t'N�•10lMO ��#��l�� 6 ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation � 7 The North 1010 feet, except the East 660 feet thereof, of the NW '/2 of the NE '/4 of section 26, T.88N R.2E. of the 5t" P.M. of Dubuque County, lowa, excluding that part thereof conveyed to the State of lowa by Warranty Deed for highway purposes recorded in Book of Lands No. 57 Pages 499 & 500 and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in instrument No. 979-1995, Dubuque County Records � � �� .�� i �� ' �� °�� i�� .�� ,� � � � � �„�,r._.� �. _ __.__ _ -- _�.._ - �► __,_.__ _e_� ;-��=-_-�:---i" _ �..� � -`. _. . _. _,_._ _ e ._ , � � � r� '�'r�� - �� '� � z � �� r 5 ��x � �� ,�,�, � � ��M� � � �� a � �� rn� � � � *��z tt� � �'�.,; �� Rt � �' 0 �'�, 4 � .� �� a� � �� a � � � � �� ' � � �_� � � �� 0 � � �� N � � � � � � m �'� z � � � � � � � � � � � � � rn � � � � � � � � � � m � -�i � � � � ''`,� „��' � � m � � � $ ..i► '� �� + � '� � � i t�� N � � e a . �� 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 I owa. 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 , 2015. Telephone: 563- Telephone: 563- Subscribed and sworn before me this day of , 2015. Notary Public ATTACHMENTS: EXHIBIT B-1: Legal Description and Map of Area to be Annexed EXHIBIT B-2: Pre-Annexation Agreement 10 . EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED 11 The North 1010 feet, except the East 660 feet thereof, of the NW '/Z of the NE '/4 of section 26, T.88N R.2E. of the 5t" P.M. of Dubuque County, lowa, excluding that part thereof conveyed to the State of lowa by Warranty Deed for highway purposes recorded in Book of Lands No. 57 Pages 499 & 500 and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in Instrument No. 979-1995, Dubuque County Records 12 � ��:z e�� g � ry� 5xr'«'{,� ��Y3 � ��.r �t ''° �:`sC� � �`, �g�§n�,«3"S�:i � �'+f { 4 � �S� :'�i�:�f' ;. .� ��t�"z�� `S: tLi Y ��i, ir�t;�q ��g ,,,"'�i � ' tt°:'�:i�j�l' � �. z��%�;z�{��s` ra x e �. �� a�#x:;�e�'i�;�.. .�. :?:�:�'•`f�; � i;Y �F�+��. =�i:k: � _..-^" ._.�.�-' � O ,�'�'__.,-�.-,.-� . _.^.---^--�-��._,-.-----`ry � � � � � � � � ��,�----�---_-� , � � � � � � � 9� � . ,��_ i � n a � ��J'} �.�-�'- � �-w,2� ..� _ � ;� �' ,� }F,° p �� .. -w (� ^`� � ; tG � ' y �°� �„ .^r.,.�. r p � ,,, j � � nt�m � � � ii � �e`.��- �_ _,. �Gk� ' � '4° � -; 1 � �, Q�� ,�. '_�* �. � � „��_ � � � m C7� # a .' 'J� m � � �� * °� � � V � �� 7 -- " b +.t � c � � na'i w ' �� e"', m� � a- t" y RS t" � '� �� fJ) � �-`� �O r ,Q, � c � � ,� �� r' � � � � ��.p r.�i Q "�'�;. � y � __�. e.__ � �'1 —{ �� ` �• �� :g �t ,� � .,,F �' � `n 7" � rn u. � � � � _ � ` ' � � R. Q � � � � � Ua a +�j�� +i .� y m � � x 4 � � � � A ``^� : � � fT6 �''� "- w � � 7b � ' y x r�, �z -t .� ?' L = � � q R � � W �".�y r � `� �4`, � � o o � �s --1 ?: � ' `� �� z '� � � � � � z t � � � � ri � R��i m � � � � � �'"' � c � � � � "i +� m � �. � -�1 -�d � � � ' �� r., E� �sa � � m � � : � ��,$ � _ = Q � � ,��.� ��e�� ,��, ;: ,��►: ��, � -� na �°�,,. �Ra� cn � � a�� '��r� "�' ^� +�+a k G 4 o c �k +a'P cn�:xr t� ;�� 8��v �.�.-�._�, .. 13 � EXHIBIT B PRE-ANNEXATION AGREEMENT (Insert fully executed pre-annexation agreement here) 14 Prepared by: Laura Carstens, Citv Planner Address: Citv Hali, 50 W. 13th St: (563)589-4210 Return to: Laura Carstens. Citv Planner Address: Citv Hall, 50 West 13th St(563) 589-4210 RESOLUTION NO. 364-15 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SPIEGEL FAMILY REALTY COMPANY IOWA, LLC. Whereas, Spiegel Family Realty Company lowa, LLC, the owner of the following described property in Dubuque County, lowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: The North 1,010 feet, except the East 660 feet thereof, of the NW '/2 of the NE '/ of Section 26, T88N, R2E of the 5t" PM of Dubuque County, lowa, excluding the part thereof conveyed to the State of lowa by Warranty Deed for highway purposes recorded in Book of Lands No. 57 Pages 499 & 500, and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in Instrument No. 979- 1995, Dubuque County Records. Whereas, Spiegel Family Realty Company lowa LLC, has entered into a Pre- annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, lowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, lowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Spiegel Family Reaity Company lowa, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 19t" day of October, 2015. By: �� Roy D. Buol, ayor ATTEST: By: Kevin . Firnstahl, Ci lerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, lowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 364-15 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, lowa. Dated at Dubuque, lowa, on this 20th day of October, 2015. � � ,,,;.�r. .ri, � � �,� l��;f . " Kev' . Firnstah , C City Clerk ,�� •••' �.,qFA•' �� ). ��f�� `/� � �� ;�I��' •1� . ��`� � • � �} .� �. �. . .} y� .✓ � � ` . � . � �1 jY`� e �..� � .Y'"�. , .r', fi £;;; ��'" � '�(�� ;€a. �'� +;1 ''ty�.�'�+ ,' �8 ,. ts r� :%.'Stb. �£•� '`�'. 7'+ . �Y � �4 -r !�ry 4 � �� ;.Y P �� .. . . _,4�. .;�. . �Y Prepared bv: Wallv Wernimont, Citv Planner Address: Cftv Hall, 50 W. 13th St, Telephone: 589-4210 Return to: Kevin Fimstahl, City Clerk Address: City Hall, 50 W. 13th 5t. 7elephone: 589-4121 RESOLUTION NO. 239-20 RESOLUTION APPROVtNG AN APPLICATION FOR VOLUNTARY ANN�XATI�N OF TERRITORY TO THE CITY OF DUBUQUE, IQWA Whereas, the City CouncEl of Dubuque has received a written application from Spiegel Family Realty Company lowa, LLC for t�e voluntary anr�exation of 7.05 acres of property which includes an additional 0.6a-acre parcel of lowa Departm�n# of Transportation proper�y located imm�diately to fhe north. These parcels are Eocated east of Highway 61 and Cycle Club Lane as shown on Exhibit A and legally described as: Lot 1 Sil�er Oaks No. 2, in Dubuque County, Iowa: and Lot 1 of 2 of the Divisian of �.at 2 af the SW 114 af the SE 1/4, Section 23, T88N, R2E of the 5th P.M., Dubuque Ca�nty lowa containing 0.60 acres; and Whereas, the annexation territory is not subject ta an existing annexation maratorium agreement and does not incfude any railroad property; and Wher�as, the annexation t�rritory does include State owned property to avoid creation of an island; and Whereas, Chapter 368 of tl�e Cod� of lowa a�t�orizes this annexation by adoption of a i es�iuiio;� ar�d i equiied n�iiiicatiai�; di�� Whereas, the annexation ferritary is consistent with the City's Comprehensive Plan; and Whereas, the future growfih and development of the City of Dubuque, lowa ma�es Et d�sirable that the annexation territory be made part of the City of Dubuque, lowa; and Whereas, the City of Dubuque has�he capaci�y to provide subs#antial municipal services to th� annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IQWA: Section 1 . That the application forthe�oluntary anr�exation of prope�ty owned by Spiegel �arr�ily Realty Company iowa, LLC consistin� of 7.0� acres arici inc;ludes an a�diiionai Q.60-ac�e parcef of lowa Depar�ment of Transportation to a�oid a crea#ion of an isfand and has car�nection to the city of Dubu�ue as shown on Exhibit A and legally described as; Lot � S��er Oaks No. 2, in Dubuque Caunty, lowa: and i Resolutian No. 239-20 Page 2 Lot 1 of 2 of the Di�ision of Lo# 2 of the SW 114 of the SE 11A�, Section 23, T88N, R2E of tne 5th P.M., Dubuque County lowa canta�ning 0.60 acres; is hereby approved for ar�nexatian to the City of Dubuque. Section 2. That subject to the acknowl�dgement by the Secretary of State that the legal description, map and resalution nave been received, tl�e corporate limits of the City of D�buque be and #hey hereby extended to include the 7.65 acres of property as shawn on Exhibi� A. Section 3. That the City Council does hereby cerkify that the City of Dubuque has complie� with the notice and hearing requirements of the lowa Code pertaining t� 100% valun#ary anr�exation of t�rri#ory not in urban�zed area of another city. Section 4. That the territory hereby annexed shall become a part o�Ward One of the City of Dubu�ue. Sectian 5. Thatthe City Clerk shall file this resolution, al� exhi�its and the applications for voluntary ann�xation with the Secretary of State in accordanc� with the pro�isions of Chapter 368 of the lowa Code. Passed, ap�rov�d and adopted this 3�d day of Aug�st 2020. � �� Roy D. Buol, Mayor Attest: �' 7 P.,.7 �� / �.,._-� ,� :� ��,�_ Ke��n S. Firnstahl, City ferk F:lUserslPlarsniRg SeclscanslCity CouncillVoluntaryAnnexation-5peigel Family Realry Company lawa LLC-IDOT1Resolufion- Spiegel Family Realty Gompany lowa LLC-IDQ7 annexation 2020.doc �i�iiii iiiiii iii iiiii iiiii iiiii iiiii iioi iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii Doc ID: 008334850017 Type: GEN Kind: AGREEMENT Recorded: 10/22/2015 at 03:08:34 PM Fee Amt: $87.00 PaAe i of 17 Dubuque County Iowa John Murphy Recorder File2o1 5-004 1 3 6 2 0 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4100 PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SPIEGEL FAMILY REALTY COMPANY IOWA LLC This Pre-Ann xation Agreement (the "Agreement"), dated for reference purposes thef��day of � , 2015, is made and entered into by and between the City of Dubuque, lowa ("City") and Spiegel Family Realty Company lowa LLC ("Owner"). Whereas, Owner is the legal owner of real estate legally described as: The North 1010 feet, except the East 660 feet thereof, of the NW '/Z of the NE '/4 of section 26, T.88N R.2E. of the 5th P.M. of Dubuque County, lowa, excluding that part thereof conveyed to the State of lowa by Warranty Deed for highway purposes recorded in Book of Lands No. 57 Pages 499 & 500 and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in Instrument No. 979- 1995, Dubuque County Records. 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 ��o� � � CQ.QV��- 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 provide for the harmonious development 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. SEC ON 2. TERM. The term of this Agreement is from the�� day of , � , 2�15 until the annexati�n �f the Real Estate t� City is inal. 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: 2 1. For the first and second year, seventy-five percent (75%). 2. For the third and fourth year, si�y percent (60%). 3. For the fifth and sixth year, forty-five percent (45%). 4. For the seventh and eighth year, thirty percent (30%). 5. For the ninth and tenth year, fifteen percent (15%). SECTION 6. CITY WATER SERVICES. 6:1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will obtain City water services to the Real Estate. 6.2 If Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, obtain water services from a rural water provider prior to annexation, Owner must use City water services to provide water to the property upon annexation. For provision of such future City water services to the Real Estate, the Owner, the Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, shall be fully bound, jointly and severally, to pay City the sum of any and all amounts City is required to pay as compensation to the rural water service provider for losses resulting from annexation of all or any part of the Real Estate by City and such amounts as City may be required or reasonably agrees to pay the rural water service provider as a settlement for resolution of any claims, disputes, objections, protests or litigation related to or arising out of City providing water service to all or any part of the Real Estate, following annexation of the Real Estate to City. 6.3 If Owner obtains City water services prior to annexation, Owner will pay 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. 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, and sidewalks 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 � 3 Estate, by action of the City Council, after 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. 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 on 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 City, is required at the owner's expense to connect to such facilities directly with the property public sewer, in accordance with City standards. If, at the time of annexation, the nearest property line of the Real Estate is within finro hundred feet (200') of a public sanitary sewer, City, Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate will be required to connect to such sewer. City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in effect at the time of annexation. SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assignees and shall be recorded with the Real Estate and will apply to any subsequent plats and/or subdivisions of the Real Estate. SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is held invalid, such invalidity shall not affect any of the other provisions contained herein. 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 4 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: Spiegel Family Realty Company lowa LLC P.O. Box 50 Peosta, lowa 52068 SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City Council of Dubuque, lowa in its sole discretion. SECTION 13. TAX INCREMENT FINANCING. If City determines Tax Increment Financing (TIF) is a valid method for providing the Real Estate with various utilities and improvements, Owner will consent to and agree to any TIF proposal or agreement proposed by the City. 5 CITY OF DUBUQUE, IOWA SPIEGEL FAMILY REALTY COMPANY IOWA LLC � �� , gy: gy. ,C� _ Roy D. Buol Mayor A. J. pieg I ATTEST: ._.---__ Kevin . Firnstahl, City erk On this��%�ay of �- , 2015, 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 a � ? �p�� RF PA J.NcCARRON GommissionNu nerrr2a�9 Notary Public ' e State of lowa 'o*-� My Comm.Exp. My Commissi expires '�o�/ � On this �day of_ ,��-j�'�,r , 2015, before me, a Notary Public in and for said state personally appeared A.J. Spiegel 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 Publi the State of lowa My Commission expires -�� , , . �Ir�.�. 'AK"��f 1Y,l,Et�RF° �t'N�•10lMO ��#��l�� 6 ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation � 7 The North 1010 feet, except the East 660 feet thereof, of the NW '/2 of the NE '/4 of section 26, T.88N R.2E. of the 5t" P.M. of Dubuque County, lowa, excluding that part thereof conveyed to the State of lowa by Warranty Deed for highway purposes recorded in Book of Lands No. 57 Pages 499 & 500 and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in instrument No. 979-1995, Dubuque County Records � � �� .�� i �� ' �� °�� i�� .�� ,� � � � � �„�,r._.� �. _ __.__ _ -- _�.._ - �► __,_.__ _e_� ;-��=-_-�:---i" _ �..� � -`. _. . _. _,_._ _ e ._ , � � � r� '�'r�� - �� '� � z � �� r 5 ��x � �� ,�,�, � � ��M� � � �� a � �� rn� � � � *��z tt� � �'�.,; �� Rt � �' 0 �'�, 4 � .� �� a� � �� a � � � � �� ' � � �_� � � �� 0 � � �� N � � � � � � m �'� z � � � � � � � � � � � � � rn � � � � � � � � � � m � -�i � � � � ''`,� „��' � � m � � � $ ..i► '� �� + � '� � � i t�� N � � e a . �� 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 I owa. 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 , 2015. Telephone: 563- Telephone: 563- Subscribed and sworn before me this day of , 2015. Notary Public ATTACHMENTS: EXHIBIT B-1: Legal Description and Map of Area to be Annexed EXHIBIT B-2: Pre-Annexation Agreement 10 . EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED 11 The North 1010 feet, except the East 660 feet thereof, of the NW '/Z of the NE '/4 of section 26, T.88N R.2E. of the 5t" P.M. of Dubuque County, lowa, excluding that part thereof conveyed to the State of lowa by Warranty Deed for highway purposes recorded in Book of Lands No. 57 Pages 499 & 500 and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in Instrument No. 979-1995, Dubuque County Records 12 � ��:z e�� g � ry� 5xr'«'{,� ��Y3 � ��.r �t ''° �:`sC� � �`, �g�§n�,«3"S�:i � �'+f { 4 � �S� :'�i�:�f' ;. .� ��t�"z�� `S: tLi Y ��i, ir�t;�q ��g ,,,"'�i � ' tt°:'�:i�j�l' � �. z��%�;z�{��s` ra x e �. �� a�#x:;�e�'i�;�.. .�. :?:�:�'•`f�; � i;Y �F�+��. =�i:k: � _..-^" ._.�.�-' � O ,�'�'__.,-�.-,.-� . _.^.---^--�-��._,-.-----`ry � � � � � � � � ��,�----�---_-� , � � � � � � � 9� � . ,��_ i � n a � ��J'} �.�-�'- � �-w,2� ..� _ � ;� �' ,� }F,° p �� .. -w (� ^`� � ; tG � ' y �°� �„ .^r.,.�. r p � ,,, j � � nt�m � � � ii � �e`.��- �_ _,. �Gk� ' � '4° � -; 1 � �, Q�� ,�. '_�* �. � � „��_ � � � m C7� # a .' 'J� m � � �� * °� � � V � �� 7 -- " b +.t � c � � na'i w ' �� e"', m� � a- t" y RS t" � '� �� fJ) � �-`� �O r ,Q, � c � � ,� �� r' � � � � ��.p r.�i Q "�'�;. � y � __�. e.__ � �'1 —{ �� ` �• �� :g �t ,� � .,,F �' � `n 7" � rn u. � � � � _ � ` ' � � R. Q � � � � � Ua a +�j�� +i .� y m � � x 4 � � � � A ``^� : � � fT6 �''� "- w � � 7b � ' y x r�, �z -t .� ?' L = � � q R � � W �".�y r � `� �4`, � � o o � �s --1 ?: � ' `� �� z '� � � � � � z t � � � � ri � R��i m � � � � � �'"' � c � � � � "i +� m � �. � -�1 -�d � � � ' �� r., E� �sa � � m � � : � ��,$ � _ = Q � � ,��.� ��e�� ,��, ;: ,��►: ��, � -� na �°�,,. �Ra� cn � � a�� '��r� "�' ^� +�+a k G 4 o c �k +a'P cn�:xr t� ;�� 8��v �.�.-�._�, .. 13 � EXHIBIT B PRE-ANNEXATION AGREEMENT (Insert fully executed pre-annexation agreement here) 14 Prepared by: Laura Carstens, Citv Planner Address: Citv Hali, 50 W. 13th St: (563)589-4210 Return to: Laura Carstens. Citv Planner Address: Citv Hall, 50 West 13th St(563) 589-4210 RESOLUTION NO. 364-15 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SPIEGEL FAMILY REALTY COMPANY IOWA, LLC. Whereas, Spiegel Family Realty Company lowa, LLC, the owner of the following described property in Dubuque County, lowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: The North 1,010 feet, except the East 660 feet thereof, of the NW '/2 of the NE '/ of Section 26, T88N, R2E of the 5t" PM of Dubuque County, lowa, excluding the part thereof conveyed to the State of lowa by Warranty Deed for highway purposes recorded in Book of Lands No. 57 Pages 499 & 500, and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in Instrument No. 979- 1995, Dubuque County Records. Whereas, Spiegel Family Realty Company lowa LLC, has entered into a Pre- annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, lowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, lowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Spiegel Family Reaity Company lowa, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 19t" day of October, 2015. By: �� Roy D. Buol, ayor ATTEST: By: Kevin . Firnstahl, Ci lerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, lowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 364-15 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, lowa. Dated at Dubuque, lowa, on this 20th day of October, 2015. � � ,,,;.�r. .ri, � � �,� l��;f . " Kev' . Firnstah , C City Clerk ,�� •••' �.,qFA•' �� ). ��f�� `/� � �� ;�I��' •1� . ��`� � • � �} .� �. �. . .} y� .✓ � � ` . � . � �1 jY`� e �..� � .Y'"�. , .r', fi £;;; ��'" � '�(�� ;€a. �'� +;1 ''ty�.�'�+ ,' �8 ,. ts r� :%.'Stb. �£•� '`�'. 7'+ . �Y � �4 -r !�ry 4 � �� ;.Y P �� .. . . _,4�. .;�. . �Y