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Pre-annexation Agreement for Truck CountryTHE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI- America City 'I'll®, r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pre - Annexation Agreement between the City of Dubuque and Truck Country DATE: August 26, 2013 Acting Planning Services Manager Kyle Kritz recommends City Council approval of a Pre - Annexation Agreement with McCoy Family Properties and Truck Country of Iowa, Inc., for property located at 10785 Route 61, Dubuque, Iowa. The pre- annexation agreement between Truck Country and the City of Dubuque facilitates the extension of water and sanitary sewer to serve Truck Country's site prior to its annexation and rezoning. Specifically, the pre- annexation agreement stipulates the City will construct a temporary sanitary sewer lateral to provide service to the property with Truck Country paying 50% of the cost up to a maximum of $20,000, whichever is less. Until such time as the final annexation of the property by the City, Truck Country will pay a monthly fee for the sewer use at 1.5 times the normal monthly fee for sanitary sewer. When a permanent sanitary sewer is available, Truck Country shall be responsible for connecting to the sewer within one year of the sewer's availability. Truck Country also agrees to pay any assessments or connection fees that may apply at the time of connection to the permanent sanitary sewer, in accordance with the City of Dubuque Code of Ordinances. As part of this agreement, Truck Country also agrees to grant permanent easement of a 50' by 50' parcel for a future sanitary sewer lift station, and a 100' by 100' temporary easement during the construction of the said lift station along Lake Eleanor Road. Truck Country has agreed to petition the City Manager to connect to City water service upon execution of this pre- annexation agreement. The connection will link the owner's private water distribution system to the City's water service. As part of this agreement, the owner will bring their existing water distribution piping system up to current standards, which includes, but is not limited to, capping their existing water wells, separating the piping between the City's water service water system and the owner's water wells. Truck Country will also install an additional fire hydrant, will pay a water connection fee and will pay individual water service tap fees. As part of this agreement, the owner acknowledges that connection to the City's water service prior to annexation is subject to City Council approval, as required by the City's Code of Ordinances. If approval is denied, the owner will connect to City water service upon annexation. If approval is granted, the owner will pay the 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. 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 Teri Goodmann, Assistant City Manager Kyle L. Kritz, Acting Planning Services Manager 2 THE CITY OF DUB10tJE Masterpiece on the Mississippi Dubuque AN.Anterieanty 'I l IF 2007 • 2012 • 2013 TO: Michael Van Milligen, City Manager FROM: Kyle L. Kritz, Acting Planning Services Manager x /'X SUBJECT: Pre - Annexation Agreement between the City of Dubuque and Truck Country DATE: August 23, 2013 INTRODUCTION This memo transmits a pre- annexation agreement with McCoy Family Properties, Wausau Limited Partnership, and Truck Country of Iowa, Inc., an Iowa Corporation aka Truck Country, as owner of property at 10785 Route 61 on the south side of the city of Dubuque. Pursuant to the City of Dubuque Code of Ordinances Section 13 -1A -4, Truck Country is requesting water service prior to annexation. The pre- annexation agreement, location map, and other supporting documents are attached. DISCUSSION The pre- annexation agreement between Truck Country and the City of Dubuque facilitates the extension of water and sanitary sewer to serve Truck Country's site prior to its annexation and rezoning. Specifically, the pre- annexation agreement stipulates the City will construct a temporary sanitary sewer lateral to provide service to the property with Truck Country paying 50% of the cost up to a maximum of $20,000, whichever is less. Until such time as the final annexation of the property by the City, Truck Country will pay a monthly fee for the sewer use at 1.5 times the normal monthly fee for sanitary sewer. When a permanent sanitary sewer is available, Truck Country shall be responsible for connecting to the sewer within one year of the sewer's availability. Truck Country also agrees to pay any assessments or connection fees that may apply at the time of connection to the permanent sanitary sewer in accordance with the City of Dubuque Code of Ordinances. As part of this agreement, Truck Country also agrees to grant permanent easement of a 50' by 50' for a future sanitary sewer lift station, and a 100' by 100' temporary easement during the construction of the said lift station along Lake Eleanor Road. Memo to Michael Van Milligen, City Manager Truck Country Pre - Annexation Agreement Page 2 Truck Country has agreed to petition the City Manager to connect to City water service upon execution of this pre- annexation agreement. The connection will link the owner's private water distribution system to the City's water service as part of this agreement, the owner will bring their existing water distribution piping system up to current standards, which includes, but is not limited to, capping their existing water wells, separating the piping between the City's water service water system and the owner's water wells. Truck Country will also install an additional fire hydrant, will pay a water connection fee and will pay individual water service tap fees. As part of this agreement, the owner acknowledges that connection to the City's water service prior to annexation is subject to City Council approval as required by the City's Code of Ordinances. If approval is denied, the owner will connect to City water service upon annexation. If approval is granted, the owner will pay the 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. RECOMMENDATION I recommend the City Council review and approve the submitted pre- annexation agreement between the City of Dubuque and Truck Country for property located at 10785 Route 61, Dubuque, Iowa. Enclosures cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager Maureen Quann, Assistant City Attorney ERIIAGE-0R- t,NDE-Reia-eg MEL-LE-CT Legend NAME ni City of Dubuque Subject Property onlTruck Country.mxd O'CONNOR THOMAS,Rc. ATTORNEYS & COUNSELORS AT LAW 184D August 7, 2013 Maureen A. Quann Harbor View Place 300 Main Street, Suite 330 Dubuque, IA 52001 -6944 RE: Pre - Annexation Agreement Dear Maureen: Enclosed please find the partially executed Pre - Annexation Agreement between the City of Dubuque, Iowa and Truck Country. Also, pursuant to the City of Dubuque Code of Ordinances Section 13 -1A -4, Truck Country is requesting water service prior to annexation. If you have any questions or anything else in the meantime, please let us know. Thank you. Sincerely, O'CONNOR & OM , P. Peter I. Arling PDA /cls Enclosure Peter Peter D. Arling I ext. 254 I parting n oclhomaslaw.com Roshek Building 1 700 Locust Street, Suite 200 I Dubuque, Iowa 52001 I Phone 563.557.8400 I Fax 563.556.1867 JOHN C. O'CONNOR RICHARD K. WHITTV PAUL J. SIGWARTH t GREG A. REHMKE BRENDAN T. QUANN STEPHEN C. KRUMPE *t PETER D. ARLING * §t STEPHANIE R. FUEGER *t A. JOHN ARENZ tt JAMES E. GOODMAN, JR. * I JOSIIUA P. WEIDEMANN * JEFFREY M. BECKERt CHAD C. LEITCH * DAVIN C. CURTISS *t CHRISTOPHER C. FRY t MCKENZIE R. HILL* All attorneys licensed in Iowa I * Also licensed in Illinois I t Also licensed in Wisconsin I § Also licensed in Alinnesota I Certified in Civil Trial Advocacy by National Board of Trial Advocacy I I Also licensed In U.S. Tax Court i11111imWin11u111m11111111111111111111maiu11uii Doc ID 007939760034 Type. GEN Kind AGREEMENT Recorded: 03/05/2014 at 10:48:22 AM Fee Amt: $172.00 Page 1 of 34 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00002082 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, Iowa ("City"), and McCoy Family Properties, Wausau Limited Partnership and Truck Country of Iowa, Inc., an Iowa 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 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. Truck Country Preannexation Agreement 07302013MAQ l a air edt• 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, Iowa ( "City "), and McCoy Family Properties, Wausau Limited Partnership and Truck Country of Iowa, Inc., an Iowa 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 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. 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 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 3rd 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 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. 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 withdrawn by Owner. SECTION 4. SEWER SERVICE. 4.1. Upon execution of this Agreement, City will 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 for 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 dollars ($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 shall maintain sanitary sewer grinder pump and sewer lateral service from the pump to the manhole until such time as City installs 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 the fifty foot by fifty foot (50' x 50') permanent easement described below in Section 4.6 would revert back to 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 resulting 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 to 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 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 same. 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 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 distribution 3 system 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 between 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 of 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 provided prior to the actual 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. 5.4. Owner acknowledges that connection to City's water services prior to annexation is subject to City Council approval, as required by the City's Code of Ordinances. If such approval is denied, Owner will connect to City water services upon annexation. If 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 the normal monthly fee. 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 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, after the exhaustion of any and all appeals from the action of the Board by any person 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 sixth 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 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 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. 5 SECTION 11. DEFAULT BY CITY. 11.1. Failure by City 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. 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 reasonably possible thereafter: (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, 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 12. 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: City of Dubuque City Clerk 50 West 13th Street Dubuque, Iowa 52001 Truck Country Attn: Nick Neis 10785 Route 61 Dubuque, Iowa 52003 6 CITY OF D BUQUE, IOWA By: Roy D. B ,� I, Mayor ATTEST: By: Kevin S. Firnstahl, Ci STATE OF IOWA DUBUQUE COUNTY y Cler ss: TRUCK COUNTRY OF IOWA, INC. By: Greg /'oy, �ye�- WAUSAU LIMITED PARTNERSHIP By: Greg yoy, Its MCCOY FAMILY IOWA PROPERTIES By: 6z Joh Li McCoy, 1 s Author, &Agent On this day of /, %jam , 2013, before me, a Notary Public in and for the State of Iowa, 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 existing under the laws of the State of Iowa, and that the seal affixed to said instrument is the seal of said Municipal Corporation and that said instrument 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. Notary Public, State of Iowa STATE OF IOWA ss: DUBUQUE COUNTY On this �`"�day of , 2013, before me, a Notary Public in and for the State of Iowa, in and for sai county, personally appeared C. ,re�ary the.Coy , to me personally known, who being by me duly sworn did say that he /she is the 104<<2hAf, of Truck Country of Iowa, Inc. and that said instrument was signed `--- TR1SITL- GLEASON Commission Number 719986 My Commission Expires 7 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. Nota Public, State o Iowa STATE OF IOWA ss: DUBUQUE COUNTY o�pg�u PATRICIA L. JEWETT COMMISSION NUMBER 709783 * min * MY COMMISSION EXPIRES On this _``° day of- , 2013, before me, a Nota Public in and for the State of Iowa, in and for said county, personally appeared ,-,., '267c,C , to me personally known, who being by me duly sworn did say that he /she is the Adt ,P 4,-4- 1- of Wausau Limited Partnership 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 Pub tate of Iowa STATE OF IOWA ss: 3'4 PATRICIA L. JEWETT COMMISSION NUMBER 709783 * MYCOIVIMISSfONEXPIRES DUBUQUE COUNTY On this _ "'_ day of , 2013, before me, a Notary Public in and for the State of Iowa, in and for sal county, personally appeared hn t . ✓ eet) , to me personally known, who being by me duly sworn did say that he /sK is the I u set-La ,._ . of McCoy Family Iowa Properties 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. Nota 41 Pub{�c, ate of Iowa 8 fOWF WESLYN JAMES Commission Number 710053 My Commission ExpinM EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: ATTACHMENTS: Legal Description and Plat of the Real Estate Petition for Annexation Plan of Sewer Service Sewer Easements Plan of Water Service EXHIBIT A: LEGAL DESCRIPTION OF THE REAL ESTATE 10 Lot 2 of McCoy Place and Lot 3 of the NW 1/4 all in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; Lot 2 -1 -1 -1 of the NW 1/4 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 of Lot 2 of Lot 2 of the NW 1/4 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; and the vacated streets and alleys abutting said properties. 11 (Page 1 of 12) PREPARED BYE RYE P.O. 4165 PENNSYLVANIA AVE 11111011111111111111111111 002d ID: �pp067 1100400A1T TYPO: I RlOord.d: 01 /02/2013 at 00168 :23 PH Po" Ants iet..Gy1r0 PgpvIA! t of 12 Kat:Y1111,,,, lfiurlw TAaard.r 111.2013- 00°00180 026115050, IOWA - (505) 550 -5424 FINAL PLAT WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA PREPARED FOR: TRUCK COUNTRY 0/0 NICHOLAS NEIS 2099 SOUTHPARK COURT • DUBUQUE, IOWA 52003 PHONE: 563 -451 -1287 FAX: 563 -584 -2698 THIS SUBDIVISION I5 LOCATED IN THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 88, RANGE 2 EAST OF THE 5114 P.M., DUBUQUE COUNTY, IOWA. SOT 8 ?y. l� ` y ly /�4r�'`' / " � Sfb nN .vp S0 FRR/ 0 c / OSr PROPRIETOR: AS -SHOWN PREPARED FOR: TRUCK COUNTRY OF IOWA, INC. DATE PREPARED: OCTOBER 9. 2012 LEGEND SUBDIVISION BOUNDARY LOT LINE ■ FOUND 5/8" IRON ROD W/ CAP NO. 12631 • FOUND 1 1/4" IRON PIPE O SET 5/8" IRON ROD W/ YELLOW PLASTIC CAP NO. 11306 ( ) LOT AREA SUMMARY LOT A 22,960 SQ. FT. LOT B 2,550 SQ. FT. LOT 0 1.050 50. FT.. LOT D 9.702 50. FT. TOTAL 36,262 SQ. FT. 0.83 ACRES RECORD INFORMATION KEY WEST MINI STORAGE UNE. BEARING L1 N27'28'57 "E L2 N27•28'57 "E L3 N6248'05 "W L4 527'28'57"W 15 562.499'05 "E L6- 32/.28'57 "W 17 S50•55'50 "E 56246'36 "E 60.00' 30.00' 30.00' LOT 2 MCCOY PLACE " q) MCCOY FAMILY IOWA PROPERTIES LOT 1 MCCOY PLACE WAUSAU UMITED PARTNERSHIP N52'26'25 "W 60.94' 85.00' 35.00' 30.00! 85.00' 30.00' 35.00' 30.62' NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. 0 VIII NOgTH GRAPHIC SCALE 100 200 SW COX. LOT 1 , 1" =100' DRAWING MAY HAVE BEEN REDUCED 1 HERESY carry 5111? This LANG Saffinitia 0OCI IDIT WAS P M02 5Y MT OR 0X1001 MT 011020 PERSONAL 8U'ERN = MP ME I NA A Of OM MEM %IR LAMS OF »1..:10. =EWE N0, 3011 1J0 LICENSE RENEWAL 0A1E IS 12/11/023 PANS OR 514003 COVERED DV THIS SCN. '&NE14 1 t 2 1.. 1E ID- 011.52 SHEET 1 of 2 VIVCOV17102L 143OISAPE1V2712 R /Mx ;J Side Ruber: 2013 - 00000180 Seq.; 1 (Page 2 of 12) PRE'AS(D eyt IN RC, 4155 PENNSYLVANIA AVE Ct1SUO4C..OWA (55)) 255 -2454 FINAL PLAT WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA SURVEYOR'S CERTIFICATE I, Wray A. Childers, o Duly Licensed Land Surveyor In the Stoic of Iowa, do hereby certify that the following real estate was surveyed and plotted by me or under my direct personal supervision, To Wit: A pored of red estate as described in the Default and Consent Judgment Quieting Title, Equity Action 013i1EQCV 100472, tiled August 27, 2012 in the Clerk of District Court, Dubuque County, Iowa, described as follows; All that part of Wotier Street In Dubuque County, Iowa, that is northerly of the easterly extension of the northeasterly line of Iowa Street In Dubuque County, Iowa, containing 0.83 acres more or less. Sold part of Waller Street being located southeasterly of and contiguous to Late 60 and 61 In the Village of Key West; and southeastery of and contiguous to Lot 3 of the Northwest Quarter of Section 12, Townshlp 88 North, Range 2 East of the 5th P.M., according to the recorded plots thereof, Dubuque County, Iowa. This survey woe performed for the purpose of subdividing ond plotting sold real estate henceforth to be known as Waller Street Subdivieion in Dubuque County, Iowa; containing 0.83 acres, more ar less, and subject to easements, reservations, restrictions, and rights —of —way of record end not of record, the plat of which Is attached hereto and mode a port of this certificate. 1'w 111�41Y5D11U1LlCIfIRtI MMMMM MUMM M MWMIMMWMM pur,n,,4oe,S 14►4MMI tIMMIMMMEMO 1,01 M,4ee 4 IA-12 5100155 WAG OA N0.12715 51110 10 -55 -12 %nET 2 er 2 RV71 Iem1,1PNASIKA12713 TF Pile lumber: 2013 - 00000100 Beg: 2 (Sage 3 of 12) OWNERS' CONSENT Dubuque, Iowa a40b�r 31 , 2412 The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. MCCOY FAMILY IOWA PROPERTIES, L.P., BY MCCOY FAMILY, L.L.C., General Partner STATE OF NEVADA, COUNTY OF CLARK This instrument was acknowledged before me on October 3 ( , 2012 by Robert L. McCoy as Manager of McCoy Family, L.L.C., General Partner of McCoy Family Iowa Properties, L.P. NOTARY PUBLUO STATE OF NEVADA County of Gterk o f JOHNOACOTOLO M .:. ntment as Oct 20, 2013 14 File Number! 2013- 00000180 Seq: 3 (Page 4 of 12) WAUSAU LIMITED PARTNERSHIP By: MCCOY GROUP, INC., as General Partner By: Its: President STATE OF IOWA COUNTY OF DUBUQUE This instrument was acknowledged before me on October 3', 2012, by Greg McCoy as President of Wausau Limited Partnership. (Stamp or Seal) �mr► PArfICIAL JEWETT C l4rnSSIONNUMBER 7 783 IMYCOIVI S' EXP1: S G Notary Public in alfyifor said State ELIZABETH R. KIRPES TRUST DATED APRIL 28, 2010, Bv: Eli ?, i eth R. Kirpes, as T tee STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) On this 2.0A day of October, 2012, before me, the undersigned, allotary Public in and for the said State, personally appeared to me personally known, who, being by me duly sworn, did say that she is the Trustee of the Elizabeth R. Kirpes Trust dated April 28, 2010, and that Elizabeth R. Kirpes acknowledged the execution of the instrument to be the voluntary act and deed of the fiduciary, and as the fiduciary voluntarily executed, (Stump or Seel) 15 Notary Public Pile Number: 2013 - 00000180 Beg: 4 (Page 5 of 12) J m R Ilerrig, STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) On this Z'f ! day of October, 2012, before me, the undersigned, a Notary Public in and for the said State, personalty appeared, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary at and deed. 16 Notary Public File Number: 2013 - 00000180 seq: 5 (Page 6 of 12) ATTORNEYS AFFIDAVIT 1, Chad C. Leitch of O'Connor & Thomas, P.C., certify that the property platted at Lota A, B, C and D of Waller Street Subdivision in Dubuque County, Iowa is owned by McCoy Family Iowa Properties, LP, Wausau Limited Partnership, Elizabeth R. Kirpes Trustee of the Elizabeth R. Kirpes Trust dated April 28, 2010 and Justin R. Herrlg subject to real estate taxes. O'CONNOR & THOMAS, P.C. Chad C. Leitch 1-1 ivA Subscribed and sworn tobeforemethis a day of Vci ,2012. AMY GLEASON Commission Numbe 771 06 My Comm. Exp. 17 File lumber: 2013- 00000180 Segi 6 (Page 7 of 12) COUNTY TREASURER. Dubuque, Iowa - AO ,201,1- t, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against that part of Waller Street right-of-way contained in Waller Street Subdivision in the Northwest Quarter of Section 12, Township 88 North, Range 2 Fast of the Stb P.M., in Dubuque County, Iowa have bean paid and said real estate is free and clear of all taxes as of this date. Dubuque County Treaaurer 18 File Number; 2013-00000180 Seq: 7 (Page 8 of 12) COUN CY BOARD OF HEALTW Dubuque, Iowa P -(3'l .. ,214,7_, The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa is hereby approved by the Dubuque County Board of Health and approval of said plat by the Dubuque County Board of Supervisors is hereby recommended. Dubuque, Iowa Dubuque County Board of Health Chairperson PLANNING SERVICES - CITY OF DUBUQUE The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa, is within the two mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City planner, (or designee) of the City of Dubuque in accordance with Article 11: Land Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed herein on the date first written above. Planning Services Division City of Dubuque, Iowa City Planner —Laura Carstens rile Number: 2013- 00000180 seq: 8 (Page 9 of 12) Dubuque, Iowa COUNTY PLANNING AND ZONING ,24/2 The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa is hereby approved by the Dubuque County Planning and Zoning Commission and approval of said plat by the County Board of Supervisors is hereby recommended. County ' limning and Zoning Commission COUNTY BOARD OF SUPERVISORS Dubuque, Iowa AA.). 2 , 24 l3 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of Waller Street Subdivision in Dubuque County, Iowa has been filed in the office of the County Board of Supervisors, that by Resolution No. /3 -D 7 , the Dubuque County Board of Supervisors have reviewed and approved said plat. ATTEST: Dubuque County Board of Supervisors Chairperson De se M. Dolan, Dubuque County Auditor 20 File Nether: 2013 - 00000180 seq: 9 (Page 10 of 12) COUNTYAUDITOR Dubuque, Iowa .�..,k1;.; R0 The foregoing plat of Waller Street Subdivision in Dubuque County, Rata: bvtsy i recT of hcor ip t office of the Dubuque County Auditor this Znei day ofAdn�tt/^'` t : 20120.v,,• • ., We approve of the subdivision name or title to be recozded. "" :'► p=•" ' ;. _'. . y Dubuque, Iowa i tw > ve ' G ', 1014 \ r Dese . Dolan County Auditor of Dubuque, I COUNTY ASSESSOR, AWA1121-f, A3 ,20L- The foregoing plat of Waller Street Subdivision in Dubuque County, Igwa was entered of record in the office of the Dubuque County Assessor this 13 - day of N , 20 t A DaviB'S. Kubik Dubuque County Assessor File Humber: 2013 - 00000180 Seq: 10 (Page 11 of 12) COUNTY ENGINEER Dubuque, Iowa 11 - 0 , 24J2, The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa has been reviewed for compliance with current Dubuque County Platting and Su ivision regulations and has been approved by the County Engineer of Dubuque County, Iowa, this day of NbvPrabers Z. Bret Wilkinson . Dubuque County Engineer PLATS OFFS E Dubuque, Iowa 20 /Z. I, the undersigned, Anna M. O'Shea, Dubuque County Plats Officer, have reviewed and examined for compliance with the Dubuque County Platting and Subdivision Ordinance the foregoing plat of Waller Street Subdivision in Dubuque County, Iowa and have found said plat to be acceptable. Anna M. O'Shea Dubuque County Plats Officer RECORDER'S CERTIFICATE Dubuque, Iowa rem , 20,E The foregoing plat of Waller Street Subdivision in•Dubuque County, Iowa ha /s been reviewed by the Dubuque County Recorder. t(' J+1.4 diaogeed Kathy ynn Thurlow Dubuque County Recorder 22 File Number: 2013 - 00000100 Beq: 11 (Page 12 of 12) RESOLUTION - /.-. 49 of WHEREAS, there has been presented to the Dubuque County Board of Supervisors a Final Plat of Survey for WALLER STREET SUBDIVISION, comprised of that part of Waller Street in Dubuque County, Iowa beginning at the northeasterly line of Iowa Street and contiguous to Lots 60 and 61 in the Village of Key West and Lot 3 of the NW 1/4 of Section 12, T88N, R2E of the Su` PM, Table Mound Township, Dubuque County, Iowa; and WHEREAS, said plat will create four (4) lots, namely Lot A, Lot B, Lot C and Lot D of Waller Street Subdivision in Section 12, Table Mound Township, Dubuque County, Iowa; and WHEREAS, said final plat has been examined and approved by the City of Dubuque Planning Services; and WHEREAS, said plat has been examined by Dubuque County Planning and Zoning Commission, Dubuque County Board ofHealth, Dubuque County Engineer, Dubuque County Treasurer and Dubuque County Plats Officer and has their approval and endorsed thereon; and WHEREAS, said plat has been examined by the Board of Supervisors of Dubuque County, Iowa, and they fmd the same conforms to the statutes and other regulatory ordinances and resolutions. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Dubuque County, Iowa: 1. That the above described property is within the "B-1", Business district, thus subject to all the requirements of that district. 2. That each lot will become an integral part of the adjoining lot and get access to that lot, to wit: Lot A of Waller Street Subdivision will be an integral part of Lot 3 in the NW 1/4 and Lot 2 of McCoy Place, Lot B of Waller Street Subdivision will be an integral part of Lot 61 and the SW 25' of Lot 60 in the Village of Key West, Lot C of Waller Street Subdivision will be an integral part of the NE 35' of Lot 60 in the Village of Key West, Lot D of Waller Street Subdivision will be an integral part of Lot 1 of McCoy Place all in Section 12 (T88N, R2E) Table Mound Township, Dubuque County, Iowa. 3. That the above described plat be and is hereby approved and the Chairperson of the Board of Supervisors is authorized and directed to endorse the approval of Dubuque County, Iowa upon said plat. PASSED, ADOPTED AND APPROVED by the Dubuque County Board of Supervisors on this 2nd day of January 2013. Mona Manternach, Deputy - Dubuque County Auditor Eric Manternach, Chair Board of Supervisors 23 GA File Number: 2013 - 00000180 Seq: 12 EXHIBIT B PETITION FOR ANNEXATION 24 DATE FILED PETITION FOR ANNEXATION AND ZONING TO: Zoning Advisory Commission of the City of Dubuque, Iowa Mayor and City Council of the City of Dubuque, Iowa Board of Supervisors, Dubuque County, Iowa The Petitioner(s), Respectfully State(s) Under Oath: 1. That the Petitioner(s) is /are the sole owner(s) of 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 1512154002. 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 B: Plat of Annexation. 3. That the Real Estate should be zoned a C -3 General Commercial Zoning District for the following reasons: a. Conformance with the Dubuque Comprehensive Plan and Future Land Use Map. b. Compatibility with current use and Unified Development Code. The Petitioner(s) Respectfully Request(s): 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 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 District, pursuant to its powers under Title 16: Unified Development Code of the City of Dubuque Code of Ordinances and Chapter 414 of the Code of Iowa, 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 correct. 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 NyW'•451Z61 E OALARM.DISG AND AT PUMP PRE:L /0E30 AMP : ^'- :. -':' -: PANEL 0.T PUMP. PROYIDE]O AMP /.C/FOR PUMP Al.,IrPG1E CONNECT TO EXISTING MANHOLE CORE DRILL EXISTINC MANHOLE TO RECEIVE PIPE AND PROVIDE 'WATER TIGHT SEAL. 6AWCUT. REMOVE AND REPLACE EXISTING EEC P AVPMENT. FLILI. PANEL REPLACEIZENT AND DOWELS SEOUIRED. It CROROIIPE ELEV. • _:1 =. �,tl.•No PIPE ELEI'. 0726 . PIPE LOW POINT PROPOSED PIPE GROUND ELEV.. 776 5 IX' PIPE ELEV. •772: GROUND F.I. EV. -774 5 I%• PIPE ELEV. .7091 MAINTAIN POSITIVE SLOPE UP TO MANHOLECONNECTION POINT. GROUND ELEV. - 777 6 177 PIPE ELEV. • 767 CIRSUND ELEV. - 779: I! -PIPE ELEV. .7665 CRODUD d_EV v7n.e IRNY151411TA VI- PIP ELEV -7SA - Sk 570 -0536 - IN rERCEPr AND KADI ECI PLOW TO E-ONE PUMP. COORDINATE PIPE SIZE WITH PJMP MFG. PUMP. CLEAN AND PROPERLY ABANDON EXISTING TANK. 5055 0uD RI EV. a 782 P 1Y," PIPE ELEV. • 757 A PROVIDE CONCRETE ARO D PUMPI 4 NSTAI1 P( B01 I AREA II AT PERIMETER. 1 GROUND ELEV. - 7721. 1Y; PPE ELEV. =7E6= SANE DUPLEX PUMP OW 52.129 CRND ELEV -774! 00 50' 100' 200' - 7;E...• I\ I� E 1 11100' FE =T Dubuque CITY OF DUBUQUE EC GINEERLNG OEPARTMENT TUiUCK COUNTRY E •ONC DUPLEX PUMP E.ANITARY SEWER LATERAL u...... I own..... 1314711 C °1w. 2007 29 EXHIBIT D EASEMENT 30 r/. :% 1 e/.// .Ili /� h a 1; �11i1 \ /\ \ \\ \`\ \ \ \N\��\`r /'— — :pill, ii a ail- g// I 1 111 r\ I0 lii :� ry� :1:,-Iiii ai/ i l ® � 3 rb / / III);\\\ a \ %of ° /yi5lui 3r / 1.:1N- �\\ ; '-f/ l� Jr1 /�1 /N11101i1i \ ° / l/ l /61 III `� i\ ! ` \ry /. e-OS`` Iil�11111l /!ii n 1 \ i\\ _-MI \JIIIII'- a 3/) j 1) 1 �y%A A\ ` 953::: I- f' c° VAi 11 11 / / \ \ \ - I r I dill ' -r - J,;: %: I / I J!lI \ /'iii % %� /' ��� / / / / \III / F / I,t, ;:4t / 1 I / / / %I1� O t / /r/i/ l / ,/ 1 /6 i I // I 01 ,f- iii //% i/ / / / 1 lllli1 11 4 "/' " I __ -1 '/'1' (11 /.h /,, / - / 7 01il11 ,...,. 7 ///I(11 - / J' /' AC -1A30-- Tao '' 1 ijl i I /.J / ////1 • Iv I1 11 III II • J! N$yia`� ' / Iii , "z / if // / 1 // III I I i & / I 1 I I.II I I 33 i I.IJ 1 lip 11 I I it I •, �I \/ I i II I�fI II 11, // / \ I 11111 I // to I 1\ ::1111 II I11l / t I n I II i1jh z �1 /1l I11 1 I o \\� \ 11I 0 •-� \1111(( it /ill r °u 8 \ ` \ 11I II1 yMy I'g < 1. i d! / lII I it vwi \ 1 `I�ili Ill! O $ I 'll 11 \ to o II yf1 a I %II�II lilif\t \N 0_ 1F i Y'\\ \; l(1�l i ' jl�l \l ill - I \ / / 1;! IIII r N /411:- / Id /11) - x▪ - b� idu +, I /lerl � "'�� _ -LI / 111 /1011 M 11j1/ I r 151 \ \„ /I ifyr vl /¢n X01 I 20' WOE SANITARY if 1 /nl \I SEVI R_EASEMENT f,% /I [ [ ..7./.5,c;7; \` \\ \ \ \, \��\\y� —\ 1! J ///17111 xfioilif 11//( go" I r_,,,,,,,......0 f\Ir.i „. IIIII- i I I I a \� :f ;17:1111111111 I I `/ / / / / /� /fl�flflll '\� = ,,- `\ ^? /� / /, /�/f /1711111 i i \ \\ \\ \� J % !!I '71,111 \Q 7 -4, f 9O 1111(1 \ \�7ii!l11� \\ 11 m WIyE SANITARY a1 1 EASEMENT 7111 / SEFT9NEET 1-2 I / f /1 I I I // f / / If flll 0 50' W0' 200' SCALE 1' =100' FEET Uoboquo CLi'Y OF DUBUQUE w ENo NC£rso owwArsller .le..�.w� 'FROCK co Ru e2n.ava R wes s»ll2fl' I 32 EXHIBIT E PLAN OF WATER SERVICE 33