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Herrig, John, Annexation - redo typo 5'i:i~~E ~~~ MEMORANDUM November 15, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Herrig Annexation -- Corrected Legal Description Planning Services Manager Laura Carstens recommends the City Council set a public hearing for December 18, 2006, to correct a typographical error in the legal description for the previously-approved annexation of 112.10 acres owned John and Sally Jo Herrig south of Derby Grange Road. I concur with the recommendation and respectfully request Mayor and City Council approval. ~1iA C7(ll~___ Micliael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager ., i5UB~E ~<k~ MEMORANDUM November 9, 2006 FROM: Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager ~ TO: RE: Herrig Annexation -- Corrected Legal Description The City Council and the State of Iowa's City Development Board approved the request of John and Sally Jo Herrig for voluntary annexation of 112.10 acres of property south of Derby Grange Road earlier this year in connection with voluntary annexation requests by Wendell Corey, Motor City Development, and Dean and Patricia Butler. Upon submitting the annexation to the Dubuque County Recorder's Office, the City Development Board was notified that there is a typographical error in the legal description for the Herrig property on some of the documents filed with this application. The legal description for one parcel was incorrectly identified as being in the southwest y.. of Section 8 on the public hearing notice, the resolution, and the annexation agreement. The parcel actually is in the southeast y.. of Section 8. After consulting with the City Development Board, Assistant City Attorney Tim O'Brien has advised that filing a correction affidavit to correct this error is not sufficient. He is recommending that the City Council re-hold the public hearing on the Herrig request. A new public hearing notice, resolution, and annexation agreement have been prepared with the correct legal description. I recommend that the City Council set the public hearing for December 18, 2006, to meet state notification requirements, and then re-approve the annexation and agreement. Enclosures Prepared by: laura Carstens City Planner Address: City Hall 50 W. 13th Sl Telephone: 589-4210 Return 10: Jeanne Schneider City Clerk Address: City Hall- 50 W. 13m Sl Telephone: 589-4121 RESOLUTION NO. - 06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY JOHN W. AND SALLY JO HERRIG Whereas, John W. and Sally Jo Herrig, as property owners have submitted a written application for voluntary annexation of approximately 112.10 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as: Lot 1 of Lot 2 of the SW y.. of the SE y.. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451003) Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008376003); Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451004); Lot 2 of the N Yo of the SW y.. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008328003); and SW y.. of the SW y.. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008351001); Whereas, the annexation territory is not subject to an existing annexation moratorium; and Whereas, the annexation territory does not include any state or railroad property; and Resolution No. - 06 Page 2 Whereas, the annexation territory includes 0.647 of adjacent County road right- of-way to the centerline of Derby grange Road; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by adoption of a resolution and notification as required by State regulations; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Proposed Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that said territory be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby extended to include the territory as legally described above and as shown in Exhibit A. Section 2. The territory hereby annexed shall become part of the 11th Precinct of the 2nd Ward of the City of Dubuque, Iowa. Section 3. The City shall provide for the transition for the imposition of City taxes against property owner's property, as provided by Chapter 368 of the Code of Iowa. That property owner's property shall be entitled to the following partial exemption from taxation for City taxes for a period of five years: a. For the first year, seventy-five percent (75%). b. For the second year, sixty percent (60%). c. For the third year, forty-five percent (45%). d. For the fourth year, thirty percent (30%). e. For the fifth year, fifteen percent (15%). The five-year period shall begin when the Property is placed on City tax rolls by Dubuque County. Lots sold after that date shall receive the partial exemption percentage only for the remaining years of the five-year period. Section 4. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State Regulations. Resolution No. - 06 Page 3 Passed, approved and adopted this day of 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F:/USERS/LCARSTENIWP/COUNCILlHerrig Annexation/Herrig annexation res.doc 1 .1 ~ I" '17_ 1:; T I IiI1m il. :']',i, ~,J,,d .^ I fti"Fi"f -J=' Ul '10411, ~ l H' J ~:;l{ l!! f . {I I \ ~ :g ~ " llij ,I ~_ I, i I'. ~ ~ I S l; II:Y "'\1 0 ~ 1,'1, ;1:~j r ~ Et':!~ Ie '-',/ / / '" '-II >0-1-"0 ,.Il" ~ 11 ) /~_ I~' ~ I ~ 'U/j~[ E~V~~Y>i!1 '1 ~~ en ~I i J' )~F~ Ii: ~ L. ~~~'I'IIJ\J l.U~~ ~ ~ CD!fj2: K c ~ ~ ~ ~ r- O~ ~ ~ \ i~ CD c.. o L.. a...~ c o <(+:i .......ctS :e>< ._ CD ..cc >< c W<( r- (11 m- 'dddU _ \<;URRE -{(Iu_~ QS ~L J!l ~' r/;X~ T ,.... V ~ 1:- Zi .' "",r B@' [ \~ L, , 1-~A~r- ~ ~'~l\f1BI?~- ~ I~:~ v - r'r" ~ ~ , '.'u 'Ii> 'Z,' [' \ '" \~ I .l. f.~ 1 ~r~ 1. ! 10, f ~81~ ~~ /~\\ ~~ \Z .d'( r- '"'- .' '-- \ , , ' .9! 'E ~ ;.. "S Cl) ...J J!:! ~ II) ClI~;r E_ .~.Q()o~'E u ~ ~ ..1 ~_ :.:J E f/J .?:-~ 0 -E,(J) C3 ~ CGlD"ffiiJo .-! CD U Q. 0 (I) ttI :::::i!: <n 0::: U :;, 06 ctI 06 0 >. ~ ~~ C" ~ lij8C"":tI!tU5'<f.a .5 Q)O ..eN 01.0 O<O:J 14 000 ~~ Ut-- t>o 0 <( LillI~IDI \~ ~ l,.- E 1'-- .. t-l-J I II 1l,~L1D ~ ~ - J J r"\ I L- I ~'r 1\ Mli ~ z '1..' 0U i ~ ; u - ~ ! i )SUM~ i' w ~ ~ OO0M3 J ~ 0 we C- :3, 30m: U ;i o. ~~ ~~ .. ~~ a~~ ~~'~ ~.t~ ~ ~l~ .2. ~;~ ~mx ~, ffi~E ~~~ aty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance OCondltional Use Pemit OAppeaI OSpeclal [)o:epllon OUmited 5elback W<iNe: liIRe20ning OPlanned District OPrellmlnay Plat OMlnor RnaI Plat []Text Am."dhoent OiISimple Site Plan OMlna Site Plan o Major Site Plan o Major FInal Plat OSimple Subdivision KlAnnexatlon []Temporary Use PermIt OCertlflcate of EconomIc Non-V1ablllty Ocertmcate of Appropriateness Oother: PI - tvoe or Drint lealbIv in ink Property owner{s): fflUlJ III AIJ1J liP ~AII v TfJ ur:urqr. Phone~~~-~~~-1491 Address: 1 ~7t;() C!lIhlrO'1 ' nMD Oty: fJllhllqll() Slate:-Ia-Zip: ~9nM Fax Number: ~/;~-~R9-H~4 Moblle/Cellular Number: SU ~4~- ~~~~ Applicant/Agent: lair.. OJ lIo/r/rip Phor1e: -S amQ Address: Fax Number: aty: State: ._._ Zlp:___ MobIle/Cellular NlnIber: SIte locatIonIaddress: 13316 and 13500 VvrbV GJu1n.1I" Rnad, IJllh"'~llo, I"",n ~9'JM _ ExIstIng zoning: Aa ~:~- ~, :/-1-astonc D1st11ct: l.ardll1ark: ___ Legal DescrIption (SIdwell paltEllD# or lot mmber/blodt nll'1lber/sutxrlVision):,Se' .u:tn~h"d 1. "ni,\. '~Dlrqlility INd~g Total property (lot) area (square feet or acres): 112 AMPA MIL aIr ~? A'/r,'_\ !II/ DescrIbe proposal ard reason necessary (atIadl a letter d explanation, if needed): ~oo 4ttaq~qd ~qttg\ ~DO ('.....,i.i~lQ2.nc..i.eu and Leti:Vl: . CERTIFICATION: l/we, the I.I1dersigned, cb hereby certify that: 1. The Information subrnIt:II!d herein Is true ard mrrect lD the best d mv/oor kncwIedge ard upon submittaf beaJmes ptd:JIIc 1'l!O)I"(I; 2. Fees are ool: refundable ard payment cbes ool: guarantee approval; and 3. All ackItionaI reqlired written and graphic materials are cltta..hed. 4. AU appUcalion 6ee6 and wrLing 6ee6 peJL annexQ.t.ion lleque6.t and zorLing Property~):aJte heJLe--in wa.ived by :the CU:1J 06 DubuqueDate: Applicant/Agent: Date: fOR OFFICE USE ONLY - APPUCATlON SUBMrrTAL CHECKLIST Fee: Recl!Ned by: DSite/skeIdt plan D Conceptual Dew:loplllent Plan DIrnprovement plans DDesIgn review projIlct desa1pt1on Date: DPholo DFIoor plan . Docket: DPIat DOttIer. .rJ :J J ::J. D ::J NIrNtDSIAI J. ,. ~r~ J .~~..P) ') ~ . C , ...~ 1 t ..0( ? { j ~ l- re 4; IL '" - Prepared by Barry A. Lindehl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Jeanne Schneider, City Clerk Address: City Hall, 50W. 13th Sl. Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOHN W. AND SALLY JO HERRIG This Agreement, dated the _ day of , 2006, is made and entered into by, between and among the City of Dubuque, Iowa (City) and John W. and Sally Jo Herrig (Developers). WHEREAS, Developers are the owners of the real property shown on Exhibit A, incorporated herein by reference, and legally described as follows: Lot 1 of Lot 2 of the SW Y. of the SE Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451003) Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008376003); Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451004); Lot 2 of the N % of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008328003); and SW y. of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa (parcellD # 1008351001); and WHEREAS, Developers intend to request City to annex the Property; and 1 WHEREAS, as an incentive to Developers to voluntarily apply to City to annex the Property, City is willing to enter into this Agreement, but only upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOllOWS: 1. This Agreement is subject to a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the Property. In the event the City Development Board order approves such annexation as to less than all of the Property, this Agreement shall be null and void with respect to any of the Property not included in the Board's order. 2. Upon the filing of Developers' application for voluntary annexation, City shall promptly consider the application and if the application is approved by the City Council, transmit the application to the City Development Board as provided by law. Developers agree not to withdraw the application or any part thereof after its filing with City. 3. City intends to construct a sanitary sewer which will be available to serve the Property. The fee for sanitary sewer connection of lots in the Property to City's sewer system shall be as follows: a. For the portion of the Property designated as the A-1 District on Exhibit A incorporated herein by reference, the fee for connection to the sewer system shall be $5,000.00 provided that such A-1 District shall be developed and used exclusively for Developers' personal residence. The fee shall be paid to City upon connection of Developers' personal residence to City's sewer system. If the A-1 District is developed for any purpose other than for Developers' personal residence, Developers shall pay the connection fee of $500.00 per acre for any property developed for any purpose other than the Developers' personal residence. The $500.00 per acre fee shall be paid within twelve (12) months after final plat approval for each phase for any property developed for any purpose other than the Developers' personal residence. b. Developers shall pay the $500.00 per acre connection fee for any property designated C-3 General Commercial District on Exhibit A incorporated herein by reference. Developers agree to pay the connection fee to City for each lot sold by Developers at the time of the sale of each lot and based upon the acreage of the lot. City shall have no obligation to issue a permit for connection of any lot to the sanitary system prior to the payment of the fee for such lot. Regardless of the number of lots sold by Developers, if any, however, Developers shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the C-3 General Commercial District. c. Developers shall pay the $500.00 per acre connection fee for any property designated R-2 Moderate Density Multi-Family Residential District on Exhibit A 2 incorporated herein by reference. Developers agree to pay the connection fee to City for each lot sold by Developers at the time of the sale of each lot, based upon the acreage of the lot sold. City shall have no obligation to issue a permit for connection of any lot to the sanitary system prior to the payment of the fee for such lot. Regardless of the number of lots sold by Developers, if any, however, Developers shall pay to City by no later than five (5) years from the date of this Agreement the entire balance of the connection fee based on the total acreage of the R-2 Moderate Density Multi-Family Residential District. 4. City shall provide an interest-free loan to Developers in an amount not to exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-2 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. a. Developers shall cause to be prepared at their expense by an Iowa licensed professional engineer and submit to City all plans, specifications, and construction documents for the sewer necessary for City review and approval and to comply with the requirements of state law for public improvement contracts so that City can bid the project and award the contract as a City project. If the cost of the selected bid exceeds the loan funds offered by City, the Developers shall have the option to contract separately for the improvements in excess of the loan funds offered, or to pay City's cost of the improvements in excess of the loan funds offered to City prior to bid award, or to reduce the scope of the project to match the loan funds offered by City. b. Upon completion of the construction of the sewer, all dwellings constructed in the R-2 District shall be connected to City's sewer. c. City shall establish a loan repayment schedule of payments to be paid by Developers to City at the time of the sale of each R-2 lot. Each such payment shall be credited toward Developers' loan. Not later than five (5) years from the date of this Agreement, the entire balance of the loan shall be paid by Developers to City. d. As security for the loan by City to Developers, Developers shall, prior to the award of a contract for the construction of the sewer, execute and deliver to City, in a form acceptable to City a promissory note and mortgage encumbering the Property or such other security as may be acceptable to the City Manager in the City Manager's sole discretion. 5. City shall provide an interest-free loan to Developers in an amount not to exceed $50,000 for the construction of a water main to serve Phase 1 of the R-2 District. To be eligible for this loan, the work must be bid and contracted by City and is subject to City bidding requirements. a. Developers shall cause to be prepared at their expense by an Iowa licensed professional engineer and submit to City all plans, specifications, and construction documents necessary for the water main for City for City review and approval and to 3 comply with the requirements of state law for public improvement contracts so that City can bid the project and award the contract as a City project. If the cost of the selected bid exceeds the loan funds offered by City, the Developers shall have the option to contract separately for the improvements in excess of the loan funds offered, or to pay City's cost of the improvements in excess of the loan funds offered to City prior to bid award, or to reduce the scope of the project to match the loan funds offered by City. b. Upon completion of the construction of the water main, all dwellings constructed in the R-2 District shall be connected to the water main. c. City shall establish loan repayment schedule of payments to be paid by Developers to City at the time of the sale of each R-2 lot identified in Phase I of this development. Each such payment shall be credited toward Developers' loan. Not later than five (5) years from the date of this Agreement, the entire balance of the loan shall be paid by Developers to City. d. As security for the loan by City to Developers, Developers shall, prior to the award of a contract for the construction of the water main, execute and deliver to City, in a form acceptable to City a promissory note and mortgage encumbering the Property or such other security as may be acceptable to the City Manager in the City Manager's sole discretion. e. City shall pay to Developers the difference between the material cost of a-inch and 12-inch water main for water main that the City Manager determines in the City Manager's sole discretion is required by City for future development, provided that City shall have no obligation to pay Developers such difference in the material cost for water main which the City Manager determines in the City Manager's sole discretion is required by Developers to support the construction and the development of the Property. 6. The loans provided under paragraphs 5 and 6 are being made for services to principally residential development. Any benefit to future commercial development is incidental only. 7. City agrees if Developers' annexation application is approved by the City Council, the resolution approving the application shall provide for the transition for the imposition of city taxes against the Property. The Property shall be entitled to the following partial exemption from taxation for city taxes for a period of five years: a. For the first year, seventy-five percent (75%). b. For the second year, sixty percent (60%). c. For the third year, forty-five percent (45%). d. For the fourth year, thirty percent (30%). e. For the fifth year, fifteen percent (15%). 4 The five-year period shall begin when the Property is placed on City tax rolls by Dubuque County. Lots sold after that date shall receive the partial exemption percentage only for the remaining years of the five-year period. 8. City agrees to waive the $1,000 rezoning fee. 9. Failure by Developer to pay any connection fee when due shall constitute a material breach of this Agreement for which City may suspend further performance of its obligations under this Agreement until such breach is remedied. 10. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 11. All understandings and agreements, if any, previously made between the parties hereto are merged in this Agreement, which alone fully and completely expresses their understanding with respect to the subject of this Agreement. This Agreement may not be modified except by an amendment executed by both of the parties. 12. Upon execution of this Agreement, City shall promptly record this Agreement with the Dubuque County Recorder. CITY OF DUBUQUE, IOWA Attest: Jeanne F. Schneider, CMC City Clerk By: Roy D. Buol Mayor STATE OF IOWA ) ) ) ss: DUBUQUE COUNTY On this day of , 2006, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ROY D. BUOL and JEANNE F. SCHNEIDER, 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, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. passed by the City Council on the _ day of , 2006, and that ROY D. BUOL and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for said State 5 DEVELOPERS John W. Herrig Sally Jo Herrig STATE OF IOWA ) ) ) ss. DUBUQUE COUNTY On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN W. HERRIG and SALLY JO HERRIG, to me personally known, who being by me duly sworn, did say that they are the Property Owners; and that the said JOHN W. HERRIG and SALLY JO HERRIG, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said State 6 I __ Il'=">.. I i: : II ~ I\ I ~ jl~;'~lli HJ, (f) -.F :411, ~ I --ilh ;; I 111" , . ~,'i o! _ t!';IW,~ ~'S"~ """Vl 'P'l,.il'" T' j J;1i.iH. / J. E 1'.)1-, I "'- '\ 1-.< / I~ I I ~l,/' "'- ~~'/'1< ~ EST ~ :}'I. ~~ " en - \ ""<~ , <: So... LIT l~_ tt~ II'II ,r ' Q) -1 ./1 t ~=- ...f--........ 'I c?~ ' ~Im o~ ~I\ t:: Q) c.. o So... a..~v 1 \ C o <(+:i +Jro .- >< ~Q) ..cc >< c W<( - j 911 I J /' 1 ~~ >( .l!:l ~\ ~ \ ~, j~ ~'" ..... III f ! 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