Pre-Annexation Agreement_Perry_Freedom Ridge EstatesMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre - Annexation Agreement - John and Tina Perry
DATE: December 11, 2013
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
Planning Services Manager Laura Carstens recommends City Council approval of a
Pre - Annexation Agreement with John and Tina Perry, property owners of 10600
Freedom Ridge Drive.
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
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre - Annexation Agreement — John and Tina Perry
DATE: December 9, 2013
Dubuque
is d
I1I'
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INTRODUCTION
This memorandum transmits for City Council review and approval, a pre- annexation
agreement with John and Tina Perry, property owners, in conjunction with their request
for approval of a final plat at 10600 Freedom Ridge Drive. 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. The property is not currently contiguous to the
Dubuque city limits, so it 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 final plat is a separate
action item.
RECOMMENDATION
I recommend that the City Council approve the Perry 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: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
f:\ users \mrettenb \wp \annexation \freedom ridge estates - perry\pre- annexation agreement perry freedom ridge.doc
THE CITY OF
Dusk
Masterpiece on the Mississippi
Applicants:
Location:
Description:
Dubuque
bard
1I I.,
2007.2012 • 2013
Vicinity Map
John W. and Tina M. Perry
Oakland Farms Road
Dubuque County
Final Plat of Freedom Ridge
Estates Plat 2
Legend
6.
Freedom Ridge Estates Plat 2
DISCLAIMER: This information was compiled using the
Dubuque Area Geographic information System ( DAGIS), which
includes data mated by both the City or Dubuque and
Dubuque It Is understood ttm4 while the City of
Dubuque and participating agencies utilized the most cement
end accurate Information wettable. DAGIS end Its suppfers do
not warrant the envecy or currency of the Information or data
contained hereto. The City and participating agencies shall not
be held Ieble for any Onset, Indirect. Incidental, consequential,
puriltive. or special damages, . whether foreseeable or
unforeseeable, arising out of the eauthorized or urauthorized .
use etttis data orthe Inability to use this data or out of ary
breach of warranty whatsoever.
Base Data Provided by Dubuque County GIS Path: H: \Planning Services \EVB\ArcGISMaps\Vicinity Map_FreedomRidgeEstates.mxd
Aak
1:15,000 NORTH
THE CITY OF
DUB
Masterpiece on the Mississippi
EXHIBIT A
LEGAL DESCRIPTION OF LAND TO BE ANNEXED:
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 2 EAST,
OF THE 5TH PRINCIPAL MERIDIAN, IN DUBUQUE COUNTY,
IOWA, CONTAINING 40.75 ACRES MORE OR LESS
DAG IS
DUBUQUE AREA LEQGRAPHIC MEC R.,. SYSTEM
AREA
TO BE
ANNEXED
DISCLAIMER: This Information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the CIty of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shell not be held liable for any direct, Indirect, Incidental,
unfsmquentiel, punitive, or special damages, whether foreseeable or
oreseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
1 inch = 500 feet
500 250 0
500 Feet
W E
AREA TO BE ANNEXED
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589-4205
i11111iumiNmnimiu11ummiNiu11111ww
Doc ID 007989960015 Type GEN
Kind AGREEMENT
Recorded: 05/07/2014 at 02:04:04 PM
Fee Amt: $77.00 Page 1 of 15
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014-00004594
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
�e*urnTo
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JOHN W. AND TINA M. PERRY
This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes
the/ day of , 2013, is made and entered into by and between the
City of Dubuque, Iowa ("City") and John W. and Tina M. Perry ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
Lot 1, Lot 2, Lot 3 and Lot 4 of Freedom Ridge Estates Plat 2
and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real
Estate"); and
Whereas, as of the date of this Agreement, the Real Estate is not contiguous to
the corporate city limits of the city of Dubuque, but is located within two (2) miles of the
corporate 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 Iowa Code at the time the Real
Estate becomes contiguous to City; and
Whereas, the City Council, after due and careful consideration, has concluded
that the annexation of the Real Estate by City on the terms and conditions hereinafter
set forth would further the growth of City, would provide for the harmonious
7 700
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City C161-._
development of City, would enable City to control the development of the area and
would serve the best interests of City.
NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED
AS FOLLOWS:
SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This
Agreement is made pursuant to and in accordance with the provisions of 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 //r'- day of
, 2013 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
(10) years following the final order of the City Development Board, if such annexation
requires approval by the City Development Board, after the exhaustion of any and all
appeals from the action of the Board by any person or the expiration of the time within
which such appeals may be brought, approving the voluntary annexation of the property
shown on Exhibit A:
1. For the first and second year, seventy-five percent (75%).
2. For the third and fourth year, sixty percent (60%).
3. For the fifth and sixth year, forty-five percent (45%).
4. For the seventh and eighth year, thirty percent (30%).
5. For the ninth and tenth year, fifteen percent (15%).
2
SECTION 6. CITY WATER SERVICES.
6.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but
not limited to, the future owners of the Real Estate will obtain City water services to the
Real Estate.
6.2 If Owner, Owner's heirs, successors and assigns, including but not limited to, the
future owners of the Real Estate, obtain water services from a rural water provider prior
to annexation, Owner must use City water services to provide water to the property
upon annexation. For provision of such future City water services to the Real Estate,
the Owner, the Owner's heirs, successors and assigns, including but not limited to, the
future owners of the Real Estate, shall be fully bound, jointly and severally, to pay the
City the sum of any and all amounts the City is required to pay as compensation to the
rural water service provider for losses resulting from annexation of all or any part of the
Real Estate by the City and such amounts as the City may be required or reasonably
agrees to pay the rural water service provider as a settlement for resolution of any
claims, disputes, objections, protests or litigation related to or arising out of the City
providing water service to all or any part of the Real Estate, following annexation of the
Real Estate to the City.
SECTION 7. OTHER CITY SERVICES.
7.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but
not limited to, the future owners of the Real Estate will for provision of future
construction of street paving, curbs and guttering, storm sewers, water mains, sanitary
sewer mains, bicycle paths, and sidewalks by means of City awarded contracts to be
paid by special assessments to be levied against the Real Estate, the Owner agrees
that by execution of this Agreement, Owner, the Owner's heirs, successors and assigns,
including subsequent purchasers of the Real Estate, and each of them, shall pay and
are bound to pay the City, the costs of the aforesaid improvements assessed to the
Real Estate, by action of the governing body of the City, after notice of hearing as
provided by Iowa Code Section 384.50, the provisions of Iowa Code Section 384.38
notwithstanding.
SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successors and assignees and shall
be recorded with the Real Estate and will apply to any subsequent plats and/or
subdivisions of the Real Estate.
SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is
held invalid, such invalidity shall not affect any of the other provisions contained herein.
3
SECTION 10. DEFAULT.
10.1. Failure by Owner to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement constitutes an Event of Default.
10.2. Whenever any Event occurs and is continuing, City may take any one or more of
the following actions after giving written notice by City to Owner of the Event of Default,
but only if the Event of Default has not been cured within sixty (60) days following such
notice, or if the Event of Default cannot be cured within sixty (60) days and Owner does
not provide assurances to City that the Event of Default will be cured as soon as
reasonably possible thereafter:
(1) City may suspend any part of or all of its performance under this
Agreement until it receives assurances from Owner, deemed adequate by
City, that Owner will cure its default and continue its performance under
this Agreement;
(2) City may cancel and rescind this Agreement;
(3) Owner will reimburse City for all amounts expended by City in connection
with the Agreement, and City may take any action, including any legal
action it deems necessary, to recover such amounts from Owner;
(4) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments
due under this Agreement or to enforce performance and observance of
any obligation, agreement, or covenant under this Agreement.
SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
If to City: City of Dubuque
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
If to Owner:
John W. and Tina M. Perry
10600 Freedom Ridge Drive
Dubuque, Iowa 52003
SECTION 12. 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: /�j,�. By:
Roy D. Buoy/Mayor
By:
ATTEST:
Kevi S. irnstahl, City Clerk
John W. Perry
On this day of eeakiZAW
, 2013, 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.
law*
PAMELA J. McCARRO N
Commission Number 772419
My Comm. Exp. L/zd/
Notary Public in tiState of Iowa
My Commission expires
On this /1 day of , 2013, before me, a Notary Public in and for said
state personally appeared John W. Perry and Tina M. Perry 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.
MELINDA RETTEN®ERGER
Commission Number 12 5fy
My Commission Expires ./
5
Notary Public in the Ste of I
My Commission expires
ATTACHMENTS
EXHIBIT A: Legal Description and Plat of Annexation
EXHIBIT B: Petition for Annexation
EXHIBIT A
LEGAL DESCRIPTION AND PLAT
Lot 1, Lot 2, Lot 3 and Lot 4 of Freedom Ridge Estates Plat 2
Page 1 of 1
I
11111111111111111111111111111111111
Doo ID: 007875310011 Type: GEN
Kind: SUBDIVISION PLAT
Fee Amt; 657.00/ Pape 1t of 116:33 AN
Dubuque County Iona
Kathy Flynn Thurlow Recorder
Fi1e2014-00000041
Prepared by: SCHNEIDER Land Surveying and Planning.Inc. P.D.Box 128 Farley, Iowa 52046 Ph#563-744-3631
FINAL PLAT
FREEDOM RIDGE ESTATES PLAT 2, DUBUQUE COUNTY, IOWA.
S89.49'08"E 1299.17'
NW CORNER
LOT i, FREEDOM
RIDGE ESTATES.
0.29'17-E 1316
W CORNER
NE1/4, NWi/4
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FOUND 1/2' REBAR
w/ YELLOW CAP
#i44i7
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SEC. 10, TBBN, R2E
FOUND STANDARD
CONC. MONUMENT
SURVEY DESCRIPTION:
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER 6
OF SECTION 10. TOWNSHIP 88 NORTH. RANGE 2 EAST OF
THE 5th P.M.. DUBUQUE COUNTY, IOWA' LOT 1 AND LOT 5 0:Z0
OF FREEDOM RIDGE ESTATES, DUBUQUE COUNTY. IOWA.
TOTAL AREA
59.106 ACRES TOTAL
—0.090 ACRES ROAD
59.016 ACRES NET
SEC.iOgOo.
LOT i
44.714 ACRES
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PROPRIETORS:
JOHN W. PERRY 6
TINA M.PERRY
SURVEY REQUESTED BY:
JOHN W. PERRY
10600 FREEDOM RIDGE DRIVE
DUBUQUE, IOWA 52003
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I hereby certify that this land surveying document was
prepared and the related survey work was performed
by me or under my dir t personal supervision and that
ly licensed 4., Surveyor under the laws of
of I
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Davi • Schneider P.L.S. #14417 ate:
My license renewal date is December 31. 2013.
Pages or sheets covered by this seal: SHEETS 1 6 2
SCHNEIDER
Land Su6rveying
Planning, Inc.
P.O. Box 128
Farley, Iowa 52046
Ph/ 563-744-3631
Fax 563-744-3629
Protect: 1796fo2
Date: 10/30/2013
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0UQ000E,•IOWA 62003
FINAL PLAT — DETAIL
FREEDOM RIDGE ESTATES PLAT 2,
DUBUQUE COUNTY, IOWA.
THE NORTHEAST QUARTER OF THE NORTHWEST • QUARTER
of SECTION 10 TOWNSHIP BB NORTH, RANGE 2 EAST OF
THE 8th P.M., OUBUOUE COUNTY, IOWA; LOT 1 AND LOT 6
OF FREEDOM RIODE ESTATES, OUBUOIiE COUNTY. IOWA.
SCHNEIOER
Land Surveying.
Planning, Inc.
ff••P.00y. 2014 128
P1,11 863-74a 36318
fax 009-744-3010
ProlectlY76afo20EtAIl
Date: 10/30/2013
sheet: 2 of 6
9
DATE FILED:
EXHIBIT B
PETITION FOR ANNEXATION
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
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(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 Iowa Code.
2. That such other action may be taken as is appropriate in the
premises.
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.
I/We, the Petitioner(s), hereby acknowledge that pursuant to Iowa Code § 368.7(e), and
upon execution of the attached Pre -Annexation Agreement, Petitioner(s) hereby
waive(s) the right to withdraw or rescind this Petition and hereby waive(s) the right to
withdraw consent to this Petition and waive(s) the right to object to annexation.
Signed on this day of , 20
Name Name
Address Address
City, State Zip City, State Zip
Subscribed and sworn before me this ' day of , 20
Notary Public
ATTACHMENTS
EXHIBIT A: Legal Description and Plat of Annexation
EXHIBIT B: Pre -Annexation Agreement
Prepared by: Maureen A. Quann, 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589-4381
Return to: Laura Carstens, 50 West 13th Street, Dubuque, IA 52001 (563) 589-4210
RESOLUTION NO. 352-13
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND JOHN W. AND TINA M. PERRY
Whereas, John W. and Tina M. Perry are the owners of the following described
property in Dubuque County, Iowa (the Property) and have submitted to the City Council
of the City of Dubuque an application for voluntary annexation of the Property to the City
of Dubuque:
Lot 1, Lot 2, Lot 3 and Lot 4 of Freedom Ridge Estates Plat 2
; and
Whereas, John W. and Tina M. Perry have entered into a Pre -annexation Agreement
with the City of Dubuque a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Pian
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between John W. and Tina M.
Perry and the City of Dubuque is hereby approved.
Passed, approved and adopted this 16th day of December, 2013.
Attest:
Kevin . Firnstahl, ity Cler
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, 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.
do further state that the hereto attached Resolution No. 352-14 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 18th day of April, 2014.
lipivaser/r/darfa,
Kevi S. Firnstahl, MC, City Clerk
11111111111111111111111111111111111111111111111111111111111111111111111111111111
Doc ID: 007989970003 Type GEN
Kind AGREEMENT
Recorded: 05/07/2014 at 02:05:51 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014-00004595
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
�F / urf) 7
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT, made and entered into effective the
day of i/7 /7/ f , 2013, between the City of Dubuque, Iowa (hereinafter
called "City"), and John W. and Tina M. Perry (hereinafter called "Owners"), their heirs,
successors and assigns,
WITNESSES:
WHEREAS, the aforesaid Owners have applied to the City for approval of a
subdivision plat of an area of land described as follows ("the Real Estate"):
Lot 1, Lot 2, Lot 3, and Lot 4 of Freedom Estates Plat 2.
WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction
of the City for plat approval; and,
NOW, THEREFORE, the parties hereto agree that:
1. This agreement is made for the purpose of meeting the subdivision regulations
and plat approval requirements of the City for approval of the subdivision plat of the
Real Estate.
2. In anticipation of the possibility that the City may at some time deem it to be in
the public interest to cause construction of street paving, curbs and guttering, storm
sewers, water mains, sanitary sewer mains, bicycle paths, and sidewalks by means of
city awarded contracts to be paid by special assessments to be levied against the Real
Estate, the Owner does hereby covenant and agree that by execution of this instrument
1
160
Ocq Clerk
Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and
each of them, shall pay and are bound to pay to the City, the costs of the aforesaid
improvements assessed to the Real Estate, by action of the governing body for the City,
after notice of hearing as provided by section 384.50 Code of Iowa, the provisions of
384.38 Code of Iowa notwithstanding.
3. Without affecting the forgoing waivers of rights, it is understood and agreed that if
and when the governing body of the City conducts a hearing on a proposed resolution
or necessity to assess public improvement costs to the Real Estate, the Owners of the
Real Estate may then appear before the governing body of the City and be heard.
4. Additionally, Owner, its heirs, successors and assigns, including purchasers of
the Real Estate, and each of them, in consideration of the benefits derived from
approval of the said plat of Real Estate, receipt of which is hereby acknowledged,
covenant with the City that it will not, at any future time, sue the City, or any officer or
employee of the City, to test the regularity of the proceedings or legality of the
assessment procedure, to appeal the amount of the assessment, to enjoin, set aside,
overturn, or reduce the amount of such assessments levied against the Real Estate by
the City.
The foregoing provisions encumber the Real Estate described as:
Lot 1, Lot 2, Lot 3, and Lot 4 of Freedom Estates Plat 2.
5. This covenant and agreement shall be filed for record in the office of the
Dubuque County Recorder and all covenants, agreements, promises and
representations herein stated shall be deemed to be covenants running with the Real
Estate and shall endure and be binding on the parties hereto, their mortgagees,
Iienholders, successors and assigns, for a period of twenty-one (21) years from the date
of the recording of these covenants, unless claims to continue any interest in the
covenants and filed as provided by law. The City shall have the right to file a claim to
continue its interest in these covenants.
6. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions, which shall remain in full force and effect.
Executed by the respective signatories effective the date first above written.
CITY OF DUBUQUE, IOWA
By:
4, 0
OWNER
By:
Roy D. : uol, Mayor John W. Perry
2
ATTEST:
On this day of ,.1, Jj ,i1 2013, 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. 1i-5---ff'15
Notary Public in u'1- State of Iowa
My Commission expires �T �S'��`�J
On this /b day of 1)aaitf.j22013, before me, a Notary Public in and for said state
personally appeared John W. Perry and Tina M. Perry 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.
MELINDA RETTENBERGER
Commission Number 125 5
My Commission Expires
3
Notaiy Public in the tate of I
w
My Commission expires 7///�5
11111111111111111111111111111111111111111111111111111111111111111111111111
Doc ID: 007989980003 Type: GEN
Kind AGREEMENT
RecFeeorded: Amt: $17.00/2014 Pape 1tof23 6:21 PM
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014-00004596
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
ici-k rn To
COVENANT PERTAINING TO WATER SERVICE
THIS AGREEMENT, made and entered into effective the �_ day of
���/i%4�� , 2013, between the City of Dubuque, Iowa (hereinafter called "City"),
and John W. and Tina M. Perry (hereinafter called "Owners"), their heirs, successors
and assigns,
WITNESSES:
WHEREAS, the aforesaid Owners have applied to the City for approval of a
subdivision plat of an area of land described as follows ("the Real Estate"):
Lot 1, Lot 2, Lot 3, and Lot 4 of Freedom Estates Plat 2.
WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction
of the City for plat approval and for authorization of rural water service; and,
WHEREAS, Owners may desire to receive rural water service for the land being
platted,
NOW, THEREFORE, the parties hereto agree that:
1. For purposes of making provisions for future city water services to the area
legally described above, (the Real Estate), the Owners, their heirs, successors and
assigns, including but not limited to, the future owners of the Real Estate, shall be and
are hereby fully bound, jointly and severally, to pay to the City the sum of any and all
amounts that the City is required to pay as compensation to the rural water service
provider for losses resulting from annexation of all or any part of the Real Estate by the
City and such amounts as the City may be required or reasonably agree to pay the rural
1
I�oo
& C ity CIerK
water service provider as a settlement for resolution of any claims, disputes, objections,
protests or litigation related to or arising out of the City providing water service to all or
any part of the Real Estate, following annexation of the Real Estate to the City.
2. This covenant and agreement shall be filed for record in the office of the
Dubuque County Recorder and all covenants, agreements, promises, and
representations hereinstated shall be deemed to be covenants running with the Real
Estate and shall endure and be binding on the parties hereto, their mortgagees,
lienholders, successors and assigns, for a period of twenty-one (21) years from the date
of the recording of these covenants, unless claims to continue any interest in the
covenants are filed as provided by law. The City shall have the right to file a claim to
continue its interest in these covenants.
3. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions, which shall remain in full force and effect.
Executed by the respective signatories effective the date first above written.
CITY OF DUBUQUE, IOWA
By:
Roy D. auol, Mayor
ATTEST:
400#
Kevi . Firnsta I, City 'lerk
OWNER
By:
John W. Perry
On this ( day ofbalEhl,W2013, 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.
MELINDA RETTENBERGER
Commlaalon Number 125
My Commlaalon Expires
SEL -41:52, AT1.11.
2
Not ry Public in the tate of lo
My Commission expires `7 i/6
On this % day of Pee..-, , 2013, before me, a Notary Public in and for said state
personally appeared John W. Perry and Tina M. Perry 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.
MELINDA RETTENBERGER
Commlaalon Number 125 B
My Comm!solon Explrea
3
otary Public in the
ate of I
My Commission expires /)