Plat of Survey - Jelinske AdditionPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 5894210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubimue.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
Sitd THE CITY OF
11111
•zon•mir •MI
DUB F
Masterpiece on the Mississippi
April 11, 2014
Applicant: Laura Jelinske
Location: 11832 Lorelei Lane
Description: Plat of Survey, Lot 1 and 2 of Jelinske Addition, Dubuque County.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review.
Discussion
Chairperson Norton excused himself from the table.
The applicant spoke in favor of the request, reviewing that the proposed lot split will facilitate
sale of Lot 1.
Staff reviewed the staff report, noting that the lot split results in two lots not having frontage on a
public or private street. Neither lot will be developed for residences, and staff recommends
approval of the submitted Plat of Survey.
There were no public comments.
The Zoning Advisory Commission discussed the request, and found it to be appropriate.
Recommendation
By a vote of 4 to 0, with one abstention, the Zoning Advisory Commission recommends that the
City Council approve the request, subject to waiving the lot frontage requirement for Lots 1 and
2.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Thomas Henschel, Vice Chairperson
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
Service People
Integrity
Responsibility
Innovation
Teamwork
1'1 1 E C rrY 01
Dubuque
DUBE 911masieripicee cut lhc' MississiJ pi
2007
['Variance
❑Conditional Use Permit
['Appeal
❑Special Exception
❑Limited Setback Waiver
❑Rezoning/PUD/ID
PLANNING APPLICATION FORM
Preliminary Plat
['Major Final Plat
['Minor Final Plat
❑Simple Site Plan
['Minor Site Plan
❑Major Site Plan
['Simple Subdivision
['Text Amendment
['Temporary Use Permit
['Annexation
❑Historic Revolving Loan
['Historic Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4805
Phone: 563-589-4210
Fax: 563-589-4221
planninq@citvofdubuaue.orq
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
['Certificate of Economic Non -Viability
['Historic Designation: Choose One
❑ Demolition in Conservation Districts
❑ Port of Dubuque Design Review
Please type or print legibly in ink
Property owner(s): Lorelei Revocable Trust Phone: (563) 599-9916
Address: 11823 Lorelei Lane
City: Dubuque
State: IA zip:52003
Fax #: Cell #: E-mail:
Applicant/Agent: Laura Jelinske Phone: (563) 599-9916
Address: 11823 Lorelei Lane
Fax #:
City: Dubuque
State: IA zip:52003
Cell #: E-mail:
Site location/address: Neighborhood Association: Choose One
Existing zoning:. R-1 Proposed zoning:. R-1 District: Choose One Landmark: 0 Yes 0 No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):.15009400004 SE SE Sec 9, T88N, R2E
Total property (lot) area (square feet or acres): 40.284
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Approval needed being there is no frontage to a county road.
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): L4ii V
Applicant/Agent:
Date:
Date:
0/
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee 24 .ov Received by:
Date:�/�4 Docket:
w
0C
141
0"
CC
PLACED 5/8" IRON REROD
W/ORANGE PLASTIC CAP MARKED
'KOELKER 15487' 0 THE NW
CORNER OF THE SW1/4 8E1/4.
SECTION 9, T88N. R2E
LEGEND
Plat of Survey of:
JELINSKE ADDITION, Dubuque County, Iowa
Comprised of: 0E1/4 SE1/4, Section 9. T88N, R2E of the 5th P.M., Dubuque County, lowo
NW1/4 SE1/4 SECTION 9, T88N, R2E
N 88"14'19" E 1332.90' (1332.92')
• FOUND 5/8' IRON REROD W/ORANGE
PLASTIC CAP MARKED "KOELKER 15487'
O PLACED 5/8' IRON REROD W/ORANGE
PLASTIC CAP MARKED 'KOELKER 15487'
SURVEYED BOUNOARY LINE
PROPERTY UNE
( 1 RECORD DIMENSION
LOT 1 HIGH
TOP PLACE /2
453.39' 453.17'
FOUND 5/8' RCN REROD
W/ORANGE PLASTIC CAP
MARKED "KOELKER 15487'
0 111E 51/4 CORNER OF 25.11'
SECTION 9, 788N, R2E
LOT 1 HIGH
TOP PLACE #1
LOT 2 HIGH
TOP PLACE #2
LOT 2 HIGH
TOP PLACE #2
875.24' (875,41')
6 8710'10" W 1328.63' (1328.58')
NOTES
1. AU. MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 0' 150' 300' 600'
2. PROPRIETOR OF LOT 1 AND 2 OF JEUNSKE ADDITION: LAURA JELINSKE SCALE: t" 300'
ADDRESS: 11823 LORELEI LANE
3, SURVEYED REQUESTED BY: LAURA JEUNSKE
4. TOTAL AREA OF PERIMETER SURVEYED I5 40.284 ACRES.
5. THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
LOT 2 HIGH
TOP PLACE #1
Ln
(.L£'90£L)
FOUND 5/8" IRON REROD
W/ORANGE PLASTIC CAP MARKED
"KOELKER 15487' 0 THE NE NE1/4. SES/4 SECTION 9, T88N, R2E
CORNER OF THE SWI/4 SE1/4,
SECTION 9, T889, R2E N 88'14'04" E 1344.54' (1344.54')
O
.4
94
(4
0
V
N 4411737' W
109.36'
(,£9'5001)
N 11'49'51" YI
144.21'
N
LOT 1 JEUNSKE ADDITION
SECTION 9, T88N, R2E
23.094 ACRES
ACCESS FOR LOT 1 OF JEUNSKE
ADDITION SHALL 8E ACROSS LOT 1
Swl/4 8041/4 SEC. 10, T889, R2E AND
THE NW1/4 SWI/4 SECTION 10, T8814,
R2E EXCLUDING LOT 1 NW1/4 SW1/4
SECTION 10, 7888, R2E TO OAKLAND
FARMS RD.
N 81-50'01' W
LOT 2 JEUNSKE ADDITION
SECTION 9, T88N, R2E
17.190 ACRES
FOUND 5/8" IRON REROD
W/ORANGE PLASTIC CAP MARKED
"KOELKER 15487" 0 THE SE
CORNER OF THE SWI/4 5E1/4,
SEC5ON 9, 188N, R2E
50,11'
N 6012'33' W
119.46'
N 64'00.10" w
334.59' 5 63'37'59" w
209.69'
THIS SURVE7 IS LOCO 11.1 1HE 0E1/4 OF
SECTION 9. 188N, R2E (0500080 1WP) OF
THE 584 P.M., 0118500E 00111.175, IOWA
ACCESS FOR LOT 2 OF JEUNSKE
ADDITION SHALL BE ACROSS LOT 2
SW1/4 5W1/4 SEC. 10, T8814. R2E AND
LOT 2-2 NW1/4 NW1/4 SEC. 15 T889,
R2E AND LOT 1 NW1/4 NWI/4 SEC. 15,
T889, R2E AND THE SWI/4 NWI/4 SEC.
15, 788N. R2E AND LOT 1 AND LOT 2
OF JELINSKE PLACE DUBUQUE COUNTY.
IA. TO LORELEI LANE
68
O
6 87'50'26' W 1351.73' (1351.54')
NE1/4 NEI/4 SECTION
16, 7'88N, R2E
NW1/4 SW1/4
SECTION 10,
T88N, R2E
FOUND 5/8" IRON REROD
W/ORANGE PLASTIC CAP
MARKED "00EL1(ER 15487"
0 THE NE CORNER OF
THE SE1/4 SE1/4 OF
SECTION 9, 7886. R2E
LOT 1 ST1/4
S W1/4 SECTION
10, T88N, R2E
LOT 2 SW1/4
SW1/4 SECTION
10, T88N. REE
FOUND 5/8' IRON REROD
W/ORANGE PLASTIC CAP
MARKED "KOELKER 1548T
0 THE SE CORNER OF
50011044 9, 788N. R2E
U• TERRY L.
1) RO6LKER '10
15487 •
� i14/0
......
..
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR
UNDER MY DIRECT PERSONAL SUPERSISION AND THAT I AM A DULY
UCENSEO LAND SURVEYOf(9 94
J.a0.-1-A--------
OER THE LAWS OF THE STATE OF IOWA.
Z" .,;A -S.,- ,/ 0. -rte -1/2_,/r,/
TERRY L KBELKER (DATE)
UCENSE NUMBER 15487 ,
MY LICENSE RENEWAL DATE IS DECEMBER 31. 2015
SHEETS COVERED BY THIS SEAL : SHEET 102
UEASIINNG
ENGINEERS AND SURVEYORS
1212 LOCUST Sr. DUBUQUE. IA
(563) 556-4389
DRAWN BY: MK CHECKED BY: TLK
SURVEY DATE: 2/3/14 PLOT DATE: 2/21/14
DWG. N0. 14007-02 SCALE: 1" a 300'
SHEET 1 OF 4
Sheet 2 of 4
Surveyor's Certificate
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Notary Public in and for the State of Iowa
Attorney's Certificate
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good and merchantable title to said real estate in
free and clear of all liens and
encumbrances and shows taxes paid including taxes for the year
Attorney -at -Law
Sheet 2A of 4
City of Dubuque Zoning Advisory Commission
Dubuque, Iowa Apr: I .Z , 2014
The foregoing Plat of Survey of: JELINSKE ADDITION, Dubuque County, Iowa was reviewed and approved
by the City of Dubuque Zoning Advisory Commission on the date first written above.
-42 /I Ai,ze-1,(
Chairperson, City of Dubuque Zoning Advisory Commission
City of Dubuque, Iowa
Dubuque, Iowa
April 21 ,2014
The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby
certify that the foregoing Plat of Survey of: JELINSKE ADDITION, Dubuque County, Iowa and all easements
shown to the public, as appears heretofore has been filed in the office the City Clerk of Dubuque, Iowa and
that by Resolution No. 118-14 the City Council of the City of ub ue� Iowa approves said plat.
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Mayor of t e City of Dubuque, IA
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Base Data Provided by Dubuque County GIS Path: H:\Planning Services\EVB'ArcGISMaps\Vicinity Map_JelinskeAddition mxd
Masterpiece on the Mississippi
Vicinity Map
Applicants:
Location:
Description:
Laura Jelinske
11832 Lorelei Lane
Dubuque
mama
1111 IF
2D07.2012 • 2013
Vicinity Map of Lot 1 and 2
Jelinske Addition, Dubuque Co.
Legend
Plat of Survey, Lot 1 and 2 of Jelinske Addition, Dubuque County
DISCLAIMER: This information was compiled using 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 end participating agencies utilized the most current
and accurate indoriatlon avattable. DAGIS and its suppliers do
not varrard the accuracy or currency of the information or date
contained herein. The City and participating agencies shall not
be held table for any direct. Indirect. Incidental, consequertial,
punitive, or special damages, whether foreseeable or
unforeseeable, arising etd of the authorized or unauthorized
use of this data Cr' the inability to use this data or out of any
breech of we,ranty whatsoever.
1:15,000 NORTH
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner 2'•
SUBJECT: Plat of Survey of Jelinske Addition, Dubuque County
Dubuque
wawa city
1I r
2.21M2.1,3
March 14, 2014
INTRODUCTION
The submitted Plat of Survey of Jelinske Addition is located in Dubuque County south of
Oakland Farms Road and approximately one mile west of Military Road. The submitted
Plat of Survey is within two miles of the city of Dubuque and is being jointly reviewed by
the City and Dubuque County.
DISCUSSION
The submitted Plat of Survey of Jelinske Addition subdivides an existing 40.2 acre
parcel into two lots. Neither lot has frontage on a public or private street, and the
applicant is asking for the street frontage requirement to be waived. The submitted Plat
of Survey facilitates the sale of Lot 1 to the adjacent property owner for agricultural
purposes. There are no plans for development of Lot 2 for residential purposes.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the submitted
Plat of Survey of Jelinske Addition and approve the plat subject to waiving the lot
frontage requirements for Lots 1 and 2.
KLK/mkr
Attachments
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13"' St Telephone: 589-4121
RESOLUTION NO. 118-14
RESOLUTION APPROVING THE PLAT OF SURVEY OF JELINSKE ADDITION IN DUBUQUE
COUNTY, IOWA.
Whereas, there has been filed with the City Clerk a Plat of Survey of Jelinske Addition in
Dubuque County, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a public or
approved private street, where street frontage is required by Section 11-14 of Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section 11-14 of Title 16 of the Code of Ordinances, Unified Development Code,
is waived to allow 0 feet of frontage on a public or approved private street for Lot 1 and Lot 2.
Section 2. That the Plat of Survey of Jelinske Addition is hereby approved and the Mayor and City
Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa
upon said Plat of Survey.
Passed, approved and adopted this 21st day of April, 2014.
Attest:
Key' . Firnstahl, City Cle
Roy D. Buol, Mayor,
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(5,63) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
Dubuque
kiltbd THE CITY OF
A*•AmedcaCilY
11111!
2007 • 2012 •2013
Masterpiece on the Mississippi
April 4, 2014
Laura Jelinske
11832 Lorelei Lane
Dubuque IA 52003
RE: City Council Consideration of Plat of Survey Lot 1 and Lot 2 Jelinske Addition
Dear Applicant:
The City Council will consider your request to plat property located at 11832 Lorelei
Lane at a public meeting on Monday, April 21, 2014. The plat is on the agenda as a
Consent Item. Consent Items are placed at the beginning of the meeting and are voted
on with a single motion by the City Council. Consent Items are not voted on separately
unless requested by a Council member.
The pre -annexation agreement will need to be signed prior to the City Council acting on
the Plat of Survey Lot 1 and Lot 2 Jelinske Addition. Please contact me at your
convenience prior to the City Council meeting.
Please contact the Planning Services Department at (563) 589-4210 if you need more
information or have any questions.
Sincerely,
W/7
Kyle L. Kritz
Associate Planner
cc: Kevin Firnstahl, City Clerk
Service People Integrity Responsibility Innovation Teamwork
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JAMES L. AND LAURA V. JELINSKE
This Pre -An exati• Agreement (the "Agreement"), dated for reference purposes
the /4 day of I , 2014, is made and entered into by and between the
City of Dubuque, I•wa ("City") and James L. and Laura V. Jelinske ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
The SE 1/4 SE 1/4 Section 9, T88N, R2E of the 5t" P.M. Dubuque County, Iowa
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
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 /t day of
, 2014 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. 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.
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.
3
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:
James L. and Laura V. Jelinske
11823 Lorelei Lane
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
By:
S
L
LAI"
Roy D. B I, Mayor
ATTEST:
Kevin S. irnstahl, City Clerk
OWNER
By:
Ja s L. Jelinske
By: GeaW th%
cif
Laura V. Jelins
On this Q1 day of r`.1 , 2014, before me, a Notary Public in and for. said
state, personally appe red Roy D. Buol and Kevin S. Firnstahl known to me to be the .
person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
TRISH L GLEASON
Commission Number 719986
4,„ My Commission Expires
a
Notary Public in the State of Iowa
My Commission expires / I.3 • l z-1
On this /G day of (.fi, , 2014, before me, a Notary Public in and for said
state personally appeared James L. Jelinske and Laura V. Jelinske 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.
JUDY M. DU NNE
Commission Number 17.6530
My Comm. Exp. !0-.),
5
Neltary I lic in the State of Iowa
My Commission expires /0-,,2/P/$
ATTACHMENTS
EXHIBIT A: Legal Description and Plat of Annexation
EXHIBIT B: Petition for Annexation
6
THE
EXHIBIT A
Masterpiece on the Mississippi
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
`esti Cr
r
DISCLAIM ERR This Information was compiled
using the Dubuque Area Geographic Information System
(OASIS), 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 evalleble, OASIS end
It's suppliers do not warrant the acuraoy or currency of the
information or data contained herein. The City and participating
.agencies shall not be held liable for any direct, indirect, inddentel,
consequential, punitive, or spedal damages, whether foreseeable or
unforeseeable, 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
DAGIS
DUBUQUE Mu Qma4raiQ IIIfcaaaTION mTRn
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.
The SE 114 SE 114 Section 9, •T88N, R2E of the 5th P.M. Dubuque County, Iowa
EXHIBIT B
PETITION FOR ANNEXATION
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
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/VVe, 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
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT, made and entered into effective the
21st day of April , 2014, between the City of Dubuque, Iowa (hereinafter
called "City"), and James L. and Laura V. Jelinske (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"):
The SE 1/4 SE 114 Section 9, T88N, R2E of the 5th P.M. Dubuque County, Iowa
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
I
Estate, the Owner does hereby covenant and agree that by execution of this instrument
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:
The SE 1/4 SE 1/4 Section 9, T88N, R2E of the 5t" P.M. Dubuque County,
Iowa.
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,.
lienholders, successors and assigns, for a period of twenty-one (21) years fromthe 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:
Roy D. f:uol, Mayor
2
OWNER
By:
ATTEST:
Kevi Firnstahl, City—Clerk
By: U .ke .,I�-Ql�t2
Laura V. Jeli J
On this aIday of , 2014, before me, a Notary Public in and for said state,
personally appeared oy 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.
2
Commission Number 719986
My Commission Expires
3. 3.1
Notary Public in the State of Iowa
My Commission expires la•/ .)
On this go day of , 2014, before me, a Notary Public in and for said state
personally appeared ames L. Jelinske and Laura V. Jelinske 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.
JUDY M. DlINNO
Commission Number 176530
My Comm. Exp. I. ?_
3
Not FVPubli iii the State of Iowa
My Commission expires
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
COVENANT PERTAINING TO WATER SERVICE
THIS AGREEMENT, made and entered into effective the 21st day of
April , 2014, between the City of Dubuque, Iowa (hereinafter called "City"),
and James L. Jelinske and Laura V. Jelinske (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"):
The SE 1/4 SE 1/4 Section 9, T88N, R2E of the 5th P.M. Dubuque County, Iowa
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
1
City and such amounts as the City may be required or reasonably agree 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.
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 :' ol, Mayor
ATTEST:
Key', S. Firnstahl, Ci Clerk
OWNER
By:
By: (a-IAMA)'
Laura V. Jelin e
On this a11 -day of r'.\ , 2014, before me, a Notary Public in and for said state,
personally appeared oy 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.
h31uH L. ULIASON
l Commission Number 719986
p My Commission Expires
2
Notary Public in the State of Iowa
My Commission expires la• 13,/ I
On this day of ( , 2014, before me, a Notary Public in and for said state
personally appeared mes L. Jelinske and Laura V. Jelinske 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.
JUDY fin. DUNNE
Commission Number 16530
try Comm. Exp.
3
N
in the State of Iowa
My Commission expires /O Wil'/