Preannexation Agreement_10924 Key West Drive, ChristophersonMasterpiece on the Mississippi
Dubuque
bierd
All-America City
1
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre- Annexation Agreement - Catherine Christopherson, 10924 Key West
Drive
DATE: January 20, 2012
Catherine Christopherson of 10924 Key West Drive requested to be annexed to the City
of Dubuque so that she could switch from well water to City water. The City is unable to
annex the property at this time, because an "island" of unincorporated land would
remain in the County after annexation.
Planning Services Manager Laura Carstens recommends approval of a pre- annexation
agreement that provides for extension of City water to the property in exchange for the
property to be annexed in the future. The agreement provides that until the property is
annexed, the rate for City water will be 1.5 times the standard rate. The rate will drop to
the standard rate upon annexation. The agreement also provides for a ten -year
transition in the City's portion of property taxes for the subject property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
Dubuque
halal
All America City
0
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
Pre - Annexation Agreement — Catherine Christopherson, 10924 Key West
Drive
DATE: January 13, 2012
INTRODUCTION
The enclosed pre- annexation agreement has been received from Catherine C.
Christopherson for future annexation of her property at 10924 Key West Drive in
exchange for City water service. The 0.19 -acre lot is on the south side of Dubuque.
DISCUSSION
The property owner wanted to switch from well water to City water and be annexed to
the City of Dubuque. The City is unable to annex the property at this time, because an
"island" of unincorporated land would remain in the County after annexation.
The pre- annexation agreement provides for extension of City water to the property in
exchange for the property to be annexed in the future. The agreement provides that
until the property is annexed, the rate for City water will be 1.5 times the standard rate.
The rate will drop to the standard rate upon annexation. The agreement also provides
for a ten -year transition in the City's portion of property taxes for the subject property.
Water Department staff met with the property owner and extended City water service in
anticipation of this agreement being completed and approved by December 2011. The
agreement signed and sent by the owner was not received by City staff, so a second
agreement was sent out, and subsequently completed and returned by Mrs.
Christopherson in January 2012.
RECOMMENDATION
I recommend City Council approval of the pre- annexation agreement with Catherine C.
Christopherson for the property at 10924 Key West Drive.
cc: Bob Green, Water Department Manager
F:IUSERS\LCARSTEN \WPWnnex \Christopherson Key West Dr\Staff Memo Christopherson pre- annexation .doc
1
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mn111111oiumi1111wmwuumowiuwry
Doc ID: 007294820009 Type: GEN
Kind AGREEMENT
Recorded: 02/09/2012 at 03:14:12 PM
Fee Amt: $47.00 Page 1 of 9
Dubuque County Iowa
Kathy Flynn Thurlow Recorder F
Fi1e2012- 00002252
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
and return to
PRE - ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CATHERINE C. CHRISTOPHERSON
This Pre - Annexation Agreement (the Agreement), dated for reference purposes
the 6th day of February , 2012, is made and entered into by and between
the City of Dubuque, Iowa (City), and Catherine C. Christopherson (Owner).
Whereas, Owner is the legal owner of real estate at 10924 Key West Drive, 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 Iowa Code Chapter 368; and
Whereas, Owner desires to have the Real Estate annexed by the City of
Dubuque, Iowa 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 Iowa 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.
ChristophersonPreannexationAgreement010412
470o
@ City Clerk
NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED
AS FOLLOWS:
SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This
Agreement is made pursuant to and in accordance with the provisions of Iowa Code
Chapter 368. The foregoing preambles and recitations are made a part of this
Agreement.
SECTION 2. TERM. The term of this Agreement is from the 6th day of
February , 2012, until the annexation of the Real Estate to the City of Dubuque is
final.
SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this
Agreement, will submit to the City Clerk, a Petition for Annexation of the Real Estate by
the City of Dubuque, Iowa, 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 of Iowa Code Chapter 368. Pursuant to Iowa Code § 368.7(e), except as
provided herein, Owner hereby waives the right to withdraw the Petition or its consent to
annexation.
SECTION 4. WATER SERVICE.
4.1 In consideration for City's annexation of the Real Estate, and subject to Owner
obtaining all necessary permits, including from the Iowa Department of Transportation,.
City will allow owner to construct a private water service lateral from City's public water
main located in the Highway 61/151 right of way to the Real Estate as shown on Exhibit
C.
4.2. Until such time as final annexation of the Real Estate by City, Owner will pay City
a monthly fee for water use that is 1.5 times the normal fee in accordance with the City
of Dubuque Code of Ordinances.
4. 3. Owner agrees to pay any connection fees that may apply at the time of
connection to the Water Service in accordance with the City of Dubuque Code of
Ordinances.
SECTION 5. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated to the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 6. 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 years
following the final order of the City Development Board, after the exhaustion of any and
2
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.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty -five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
SECTION 7. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successor, and assignees.
SECTION 8. 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 9. DEFAULT.
9.1. 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.
9.2. 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 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 its performance under this Agreement until it receives
assurances from Owner, deemed adequate by City, that Owner will cure its
default and continue its performance under this Agreement;
(2) City may cancel and rescind this Agreement;
(3) Owner will reimburse City for all amounts expended by City in connection
with the Agreement, and City may take any action, including any legal action it
deems necessary, to recover such amounts from Owner;
(4) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments due
under this Agreement or to enforce performance and observance of any
obligation, agreement, or covenant under this Agreement.
3
SECTION 10. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
If to City:
If to Owner:
City of Dubuque
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
Catherine C. Christopherson
10924 Key West Drive
Dubuque, Iowa 52003
CITY OF DUBUQUE, IOWA OWNER
By:
Roy D. uol, Mayor
ATTEST:
Kevin S. ' irnstahl, City Clerk
4
By:c�
Catherine C. Christopherson
On this 6th day of February, 2012, 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.
TRISH L. GLEASON ,; (��
Commission Number Tires (� J ' _— (21LCLIPL—'
My Commission Expires
Notary Public in the State of Iowa
My Commission expires
On this 6th day of February, 2012, before me, a Notary public in and for said state,
personally appeared Catherine C. Christopherson 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.
MELINDA RErrENBERGER
Commloolon Number 125256
My CornrnImIlon Expires
Nota Public in the State of to
My Commission expires 1020/3
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
EXHIBIT B: Petition for Annexation
EXHIBIT C: Plan of Water Service
5
EXHIBIT A
LEGAL DESCRIPTION AND PLAT OF ANNEXATION
Lot 2 of 2 of 2 Mineral Lot 479 Section 12 Township 88 N Range 2 of the 5th P.M. in
Dubuque County, Iowa
251 ,/
^ICC ^
BRYNE, - ILLAM J & WALLER, S
• TA�JE' OF IOWA
CHRISTOP
P
10924
S, N, GATHER!
®
10896
,/ 10874 /
10906
9672
•,��
10913
85 10901 ` / 10896
.10847
987 10813 /
_
10805
10787 10826
10777 10804
576
562
9548
City of Dubuque
rChristopherson Property
6
DATE FILED
EXHIBIT B
PETITION FOR ANNEXATION
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioner Respectfully States Under Oath:
1. That the Petitioner is the sole owner 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 1512102002.
2. The Real Estate is not situated within the limits of any municipality, but is
contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Plat of Annexation.
The Petitioner Respectfully Requests:
1. That the above - described Real Estate be annexed to the City of Dubuque by
resolution of the Mayor and City Council of the City of Dubuque, Iowa, pursuant
to Chapter 368 of the Code of Iowa.
2. That such other action may be taken as is appropriate in the premises.
I, the Petitioner, hereby state that the preceding statements and all statements
made in supplementary material, and all attached documents submitted by me
are true and correct.
Signed on this day of (,4./l Uice/le ; 2012.
.. l e
Catherine C. Christoph rson
10924 Key West Drive
Dubuque Iowa 52003
Telephone: 5t0 - dOZ) (56a)
Subscribed and sworn before me this day of ut)01 -! , 2012.
—ory Public (/
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
7
TF ad0 MELINDA RETrEHBERGER
' Comml a! n Number 125 6
.,w: Mr Ccrr�anlasluri Expfr
EXHIBIT C
PLAN OF WATER SERVICE
EXHI
Location of private water service line
8
iwuimimwmmmiM11um11uiMiii11111111
Doc ID 007550010003 Type GEN
Kind ANNEXATION
Recorded: 11/16/2012 at 04:24:02 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2012- 00020905
Christopherson Annexation
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 Clerkof the
City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession
or have access to the records of the proceedings of the City Council. I do further state that the
hereto attached letters are a true and correct copy of the originals and were received after the
original documents had been filed.
Document or instrument number of previously recorded documents:
File: 2012- 00006501 Doc. ID: 00736023004
Current Document Description:
Two letters from Mary Mosiman, Deputy -Iowa Secretary of State's Office
accepting Christopherson Annexation. Resolutions #66 -12 and #98 -12 addition to #80 -12
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa.
',8 e0 ➢iii r,-
\ DZ II d thltiqUbuque, Iowa, on this 9th day of November, 2012.
,.
-a "
4 J
S .`
A°. SWOKN.tb IiI?scribed ;before me, this 9th day of November, 2012.
I A01,
a PI r117.07.
Kevin : irnstahl, C 1 C, City erk
TRISH L, .A
a! Commission Number 719988 -° My Commission Expires
i•r3-). -!
Return document ± eNEevin-5-Finn O-Wesi 314 trectrv6buque, Iowa 52001 (563) 589 -4120
Pry- ,c -a-A b.-1 -It--; / 3 '' 44. D�b�,�,�, z P SSao,
Notary Public
1(1 clobi
MATT SCHULTZ
SECRETARY OF STATE
March 12, 2012
Kevin S. Firnstahl
City Clerk
City of Dubuque
50 West 13th Street
Dubuque, IA 52001 -4805
Re: Resolution # 66 -12
Dear Mr. Firnstahl,
OFFICE OF THE IOWA SECRETARY OF STATE
LUCAS BUILDING
DES MOINES, IOWA 50319
You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary
annexation of territory to the City of Dubuque have been received and accepted by this office as required in
Iowa Code section §368.7.
You may consider the annexation filed.
The annexed territory may affect the boundary of one or more election precincts. Based on the requirements of
Iowa Code §49.8(2), please fill out the enclosed worksheet and return it to our office as soon as possible.
Please confer with the County Auditor to determine the appropriate precinct change.
Please make this determination and return the worksheet to this office at the address listed below at the
earliest possible date.
Feel free to contact me with any questions or concerns.
Re • . rds,
Ma Mosi an
Deputy- l-o a Secretary of State's Office
321 E. 12th Street
Des Moines, IA 50319
515 -281 -5866
marv.mosiman c(D,sos.iowa.gov
Phone 515- 281 -5204 Fax 515 - 242 -5953
sos.iowa.gov sos@sos.iowa.gov
MATT SCHULTZ
SECRETARY OF STATE
June 20, 2012
Kevin S. Firnstahl
City Clerk
City of Dubuque
50 West 13th Street
OFFICE OF THE IOWA SECRETARY OF STATE
Re: Resolution #98 -12 addition to 80 -12
Dear Mr. Firnstahl,
LUCAS BUILDING
DES MOINES, IOWA 50319
You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary
annexation of territory to the City of Dubuque have been received and accepted by this office as required in
Iowa Code section §368.7.
You may consider the annexation filed.
Feel free to contact me with any questions or concerns.
Regards,
Mary Mdsi,man
Deputy -Iowa Secretary of State's Office
321 E. 12th Street
Des Moines, IA 50319
515- 281 -5866
marv.mosiman(c�sos.iowa.gov
Cc: Daniel Keller, Iowa Department of Transportation
Cc: Marie Steenlage, City Development Board Administrator
Phone 515 - 281 -5204 Fax 515 - 242 -5953
sos.iowa.gov sos@sos.iowa.gov