Peterson Addition_Pre-Annexation AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre- Annexation Agreement -- Peterson
DATE: June 12, 2012
Dubuque
bierd
All-America City
1
2007
Planning Services Manager Laura Carstens recommends City Council approval of a
pre- annexation agreement with David and Joyce Peterson in conjunction with their
request for approval of a final plat at 12647 North Cascade Road.
The subject property is located within a primary growth area as established by the City's
Fringe Area Development Policy, but is not currently contiguous to the Dubuque City
limits, so cannot be annexed at this time. The Policy states that for subdivisions in
these areas: "The City shall require a pre- annexation agreement setting forth any and
all of the above Fringe Area Development Standards and any additional standards
unless the need for a pre- annexation agreement is waived by the City." In accordance
with this policy, Legal staff has prepared the attached pre- annexation agreement, with
the standard ten -year transition in City's share of property taxes as an incentive.
The submitted final plat is being reviewed jointly by the City and Dubuque County as the
property is within two miles of the corporate limits and is in the Southwest Arterial
Moratorium Area.
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
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manage
SUBJECT: Pre - Annexation Agreement -- Peterson
DATE: June 12, 2012
Dubuque
All AmericaCily
2007
Introduction
This memorandum transmits for City Council review and approval, a pre- annexation
agreement with David and Joyce Peterson, property owners, in conjunction with their
request for approval of a final plat at 12647 North Cascade Road. The agreement and
related materials are attached.
Discussion
The subject property is located within a primary growth area as established by the City's
Fringe Area Development Policy, but is not currently contiguous to the Dubuque City
limits, so cannot be annexed at this time. The Policy states that for subdivisions in
these areas: "The City shall require a pre- annexation agreement setting forth any and
all of the above Fringe Area Development Standards and any additional standards
unless the need for a pre- annexation agreement is waived by the City." In accordance
with this policy, Legal staff has prepared the attached pre- annexation agreement, with
the standard ten -year transition in City's share of property taxes as an incentive.
The submitted final plat is being reviewed jointly by both the City and Dubuque County
as the property is within two miles of the corporate limits. The property is located in the
Southwest Arterial Moratorium Area. The final plat is a separate action item.
Recommendation
I recommend that the City Council approve the Peterson pre- annexation agreement in
accordance with the Fringe Area Development Policy, and authorize the Mayor to sign
the agreement on behalf of the City of Dubuque.
Attachments
cc: Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
F:\ USERS \LCARSTEN \WP\Annex \Peterson Annexation (SW Arterial) \Staff Memo Pre Annex Agreement Peterson.doc
1
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E. Fringe Area Development Standards
The parties agree to apply the following Fringe Area Development Standards to
subdivisions and developments over two (2) acres in the Fringe Area:
1. Primary Growth Areas
a. Annexation
1) These areas can be serviced by City utilities. They represent areas that could at
any time be under active development. This agreement will allow greater control
over land use and development standards to help ensure more orderly
development patterns.
2) As set forth in the'City of Dubuque's Comprehensive Plan and Annexation Study,
the City will likely annex land within these primary growth areas. New
subdivisions and developments within these areas shall be required to meet the
City Standards and utilize good Access Management principles.
4i, 3) The City shall require a pre - annexation agreement setting forth any and all of the
above Fringe Area Development Standards and any additional standards unless
the need for a pre - annexation agreement is waived by the City.
4) The City, concurrent with annexation and based on available funding, shall
consider reimbursing the County for improvements made to County roads prior
to annexation based on an amortization schedule agreed upon by the parties,
with the following conditions:
a) If the roadway fronts property for which a pre - annexation agreement with
the City of Dubuque has been filed; and
h) If based on the lifecycle of the roadway, not to exceed 25 years.
5) The City, concurrent with annexation and contingent upon available funding, may
consider providing financial incentives to developers of new owner occupied
residential subdivisions that meet the City's criteria for affordable housing in
these areas to encourage compliance with the City Standards.
b. Zoning
1) Any zoning changes in the primary growth areas shall consider the County's
Comprehensive Land Use Development Plan and Future Land Use Map as well
as the City's Comprehensive Plan and Proposed Land Use Map..
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Doc ID: 007415340008 Type: GEN
Kind: AGREEMENT
Recorded: 06/28/2012 at 04:22:33 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
Kathy Flynn Thurlow i1 Recorder '1 /1
Fe2012- 00010814
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563 - 589 -4381
Return to: City Clerk, 50 West 13th Street, Dubuque, IA 52001 -4805
PRE - ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DAVID L. AND JOYCE L. PETERSON
This Pre - Annexation Agreement (the "Agreement "), dated for reference purposes
the lstnday of June , 2012, is made and entered into by and between the City
of Dubuque, Iowa ( "City ") and David L. and Joyce L. Peterson ( "Owner ").
Whereas, Owner is the legal owner of real estate at 12647 North Cascade Road,
legally described as:
Lot 2 of Oberbroeckling Subdivision No. 2 excluding Lot A -2 of
Oberbroeckling Subdivision
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 miles of the
corporate city limits of the City of Dubuque and constitutes territory which may be
annexed by City as provided in Iowa Code Chapter 368; and
Whereas, owner desires to have the Real Estate annexed by City upon certain
terms and conditions as hereinafter set forth; and
Whereas, notice of the proposed annexation shall be given to the parties legally
required to be notified pursuant to Chapter 368 of the Code of Iowa at the time the Real
Estate becomes contiguous to City; and
1
`.2 °°
69 City Clerk
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563 - 589 -4381
PRE - ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DAVID L. AND JOYCE L. PETERSON
This Pre - Annexation Agreement (the "Agreement "), dated for reference purposes
the nth day of June , 2012, is made and entered into by and between the City
of Dubuque, Iowa ( "City ") and David L. and Joyce L. Peterson ( "Owner ").
Whereas, Owner is the legal owner of real estate at 12647 North Cascade Road,
legally described as:
Lot 2 of Oberbroeckling Subdivision No. 2 excluding Lot A -2 of
Oberbroeckling Subdivision
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 miles of the
corporate city limits of the City of Dubuque and constitutes territory which may be
annexed by City as provided in Iowa Code Chapter 368; and
Whereas, owner desires to have the Real Estate annexed by City upon certain
terms and conditions as hereinafter set forth; and
Whereas, notice of the proposed annexation shall be given to the parties legally
required to be notified pursuant to Chapter 368 of the Code of Iowa at the time the Real
Estate becomes contiguous to City; and
1
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 an 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 18tlday of June , 2012
until the annexation of the Real Estate to City is final. •
SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this
Agreement, will submit to the City Clerk, a Petition for Annexation of the Real Estate by
City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to
the City Council for consideration at such time and under such circumstances as the
City Council deems appropriate, and comply with the requirements of Iowa Code
Chapter 368. Pursuant to Iowa Code § 368.7(e), upon execution of this Agreement,
Owner hereby waives the right to withdraw or rescind the Petition and hereby waives
the right to withdraw its consent to the Petition and waives its right to object to
annexation.
SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with the annexation of the Real Estate, which includes filing and recording
• costs.
SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees
that the resolution approving the annexation application shall provide for the transition
for the imposition of City taxes against the Real Estate. The Real Estate shall be
entitled to the following partial exemption from taxation for City taxes for a period of ten
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.
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.
2
5. For the ninth and tenth year, fifteen percent.
SECTION 6. 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 7. 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 8. DEFAULT.
8.1. 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.
8.2. Whenever any Event occurs and is continuing, City may take any one or more of
the following actions after giving written notice by City to Owner of the Event of Default,
but only if the Event of Default has not been cured within sixty (60) days following such
notice, or if the Event of Default cannot be cured within sixty (60) days and Owner does
not provide assurances to City that the Event of Default will be cured as soon as
reasonably possible thereafter:
(1) City may suspend any part of or all of its performance under this
Agreement until it receives assurances from Owner, deemed adequate by
City, that Owner will cure its default and continue its performance under
this Agreement;
(2) City may cancel and rescind this Agreement;
(3) Owner will reimburse City for all amounts expended by City in connection
with the Agreement, and City may take any action, including any legal
action it deems necessary, to recover such amounts from Owner;
(4) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments
due under this Agreement or to enforce performance and observance of
any obligation, agreement, or covenant under this Agreement.
SECTION 9. 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 13th Street
3
If to Owner:
Dubuque, Iowa 52001
David L. and Joyce L. Peterson
12647 North Cascade Road
Dubuque, Iowa 52003
SECTION 10. COUNCIL APPROVAL. This Agreement is subject to final
approval of the City of Dubuque, Iowa in its sole discretion.
4
CITY OF DUBUQUE, IOWA OWNER
By: (fir By: de v-4Q
.Roy D Buol, Mayor David L. Peterson
ATTEST:
Ke In S. Firnstahl, City Clerk
By: 1
ce`t. Peterson
On this l8thday of June , 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.
PAMELA J. MCCARRON
Commission Number 772419
My Comm. Exp. is
Notary Publi f n the State of Iowa
My Commission expires 5-.2-.2
On thisi athday of June , 2012, before me, a Notary Public in and for said state
personally appeared David L. Peterson and Joyce L. Peterson 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.
•
KEVIN S. FIRNSTAHL
COMMISSION NO.745295
MY CO145MiSSIO EXPIRES
"7",
5
YFAL
N•ta'ry Public in th'rtate of Iowa
My Commission expire
ATTACHMENTS
EXHIBIT A: Legal Descriptions and Plats of Annexation
EXHIBIT B: Petition for Annexation
EXHIBITA
LEGAL DESCRIPTION AND PLAT OF ANNEXATION
Lot 2 of Oberbroeckling Subdivision No. 2 excluding Lot A -2 of Oberbroeckling Subdivision
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•
Final Plat of:
Peterson Addition,
in Dubuque County, Iowa
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(oxNeudM9 Lot A -2 of Oberbtoeddilg Subdivision No. 2)
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SHEET 1 OF 4
EXHIBIT B
PETITION FOR ANNEXATION
DATE FILED
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioners Respectfully States Under Oath:
1. That the Petitioners are the sole owners of record of the following legally described land
hereinafter to as the "Real Estate ". See attached Exhibit A: Legal Description and Plat of
Annexation. The Real Estate is further identified as parcel number 1504176004.
2. The Real Estate is not situated within the limits of any municipality, but is contiguous to the
City of Dubuque, Iowa. See attached Exhibit A: Legal Description and Plat of Annexation.
The Petitioners Respectfully Request:
1. That the above - described Real Estate be annexed to the City of Dubuque by resolution of the
Mayor and City Council of the City of Dubuque, Iowa, pursuant to Chapter 368 of the Code of
Iowa.
2. That such other action may be taken as is appropriate in the premises.
We, the Petitioners, hereby state that the preceding statements and all statements made in
supplementary material, and all attached documents submitted by me are true and correct.
We, the Petitioners, hereby acknowledge that pursuant to Iowa Code § 368.7(e), and upon
execution of the attached Pre - Annexation Agreement, Petitioners hereby waive the right to
withdraw or rescind this Petition and hereby waive the right . to withdraw consent to this Petition
and waives the right to object to annexation.
Signed on this I— day of
David L. Peterson . Peterson
12647 North Cascade Road 12647 North Cascade Road
Dubuque Iowa 52003 Dubuque Iowa 52003
Telephone: Telephone:
Subscribed - •
sworn before me this 18th day of June , 2012
Not Public
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
EXHIBIT B: Pre - Annexation Agreement
9
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•
low
EKEVIN S. FIRNSTAHL
COMMISSION NO.745295
MY �/- l A