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Pre-Annexation Agreement_JelinskeTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pre -Annexation Agreement - James and Laura Jelinske DATE: April 29, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Planning Services Manager Laura Carstens recommends City Council approval of a Pre -Annexation Agreement with James and Laura Jelinske in accordance with the Fringe Area Development Policy. I concur with the recommendation and respectfully request Mayor and City Council approval. IA/1144 ,,,,„ Mic ael 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��c-'`� SUBJECT: Pre -Annexation Agreement — James and Laura Jelinske DATE: April 28, 2014 Dubuque AA- *1c0 M 11111. 2<u7 • 2012 •2013 INTRODUCTION This memorandum transmits for City Council review and approval, a pre -annexation agreement with James and Laura Jelinske, property owners, in conjunction with their request for approval of a Plat of Survey for 11832 Lorelei Lane in Dubuque County. The agreement and related materials are attached. DISCUSSION The subject property is located within two miles of the City's corporate limits, and as part of approving the Plat of Survey, a pre -annexation agreement must be signed 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 Plat of Survey is being reviewed jointly by both the City and Dubuque County as the property is within two miles of the corporate limits. The Plat of Survey was approved at the April 21st Council meeting. The Jelinskes signed and notarized the agreement prior to the April 21st Council meeting, but there was not sufficient time to place the pre -annexation agreement on the Council agenda. RECOMMENDATION I recommend that the City Council approve the Jelinske 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 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 DAGIS MOOR Ma etZe4Mlg MrgeMTI. MT N `ash C DISCLAIMER: ThIs Information was compiled using the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the aty of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agendas utilized Ma most Currant and accurate Information avallabie, DAGIS and It's suppliers do not warrant the accuracy or currency of Ne lnformstlon or data contained herein. The City and participating agendas shall not bo held liable for any dhaet, Indirect, Incidental, consequential, punitive, or special damages, whether forosanbic or unforeseeable, arising out of the authorized or unauthorized use of this data orthe Inability to use this dots or out of any breach of warranty whatsoever. 1 inch = 500 feet 500 250 0 500 Feet VV S AREA TO BE ANNEXED 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 a N Sri 0Z a O W 0 Ci IJ CC 0 Lli La 0 tn 0 81 R 20 V1 0 02 0 0 a u CL PLACED 5/e" IRON REROD W/ORANGE PLASTIC CAP MARKED 'KCELKER 15457' 0 THE NW CORNER OF TIE 511/4 5E1/4. T8 SEC0ON 9. 8N. 92E LEGEND Plat of Survey of: JELINSKE ADDITION, Dubuque County, Iowa Comprised or: 8E1/4 8E1/4, Section 9, T08N. R2E Of the 5tn P.M., Dubuque County, Iowa NW1/4 3E1/4 SECTION 9, T88N, 223 N 8814'19" E 1332.90' (1332.92') 0 70UN0 5/8' 1908 88900 W/ORANGE PLASTIC CAP MARKED 'KCELKER 15487' O PIACE0 5/8' IRON REROD W/ORAN0E 911.85110 CAP 1489880 '8080888 15487' SURVEYED BOUNDARY UNE PROPERTY UNE ( I RECORD DIMENSION LOT 1 HIGH TOP PLACE 12 453.39' (453.17' FOUND 9/8" IRON REROD W/ORANGE PLASTIC CAP MARKED 'NOELNER 15487' 0 THE 51/4 CORNER OF 5801108 9, 7'809. 928 LOT I HIGH TOP PLACE #1 NOTES 25.11' 202' 2 HIGH TOP PLACE #2 LOT 2 HIGH TOP PLACE #2 875.24' (875.41') 5 87'50'10" W 1328.63' (1328.58') LOT 2 HIGH TOP PLACE #1 FOUND 5/8' IRON REROD W/ORANGE PLASTIC CAP MARKED "K0EL8ER 15457" 89 THE NE CORNER OF THE SWI /4 5E1/4, SECTION 9, MN. R2E N 80'14'04" E 1344.54' (1344.54') (,L£90f1) $C90ft M NEI/4 SE1/4 SECTION 9, 7882, REE be 0 08 0 x 4417'37' W 109.36' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS WERECF. 0' 2. PROPRIETOR OF LOT 1 AND 2 OF JELINSKE 5001110N: LAURA .k11N5KE ADDRESS: 11923 LORELEI LANE 3. 50091880 RE08E51LO BY: LAURA JELINSKE. 4. TOTAL AREA OF PERIMETER SURVEYED 15 40.254 ACRES. 5. THIS PLAT 0 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. (,£95001) .C9'5001 N 11'49'51' W 144.21' LOT 1 JELINSKE ADDITION SECTION 9, T88N, R2E 23.094 ACRES ACCESS FOR LOT 1 OF JELINSKE .ADDITION SHALL BE ACROSS LOT 591/4 SWI/4 SEC. 10. 1859, 920 AND THE 1491/4 5181/4 11011014 10. T88N, R2E EXCLUDING LOT 1 NY/1/4 5W1/4 5801101/ 10. 788N, R2E TO OAKLAND FARMS RD. u 815001' W LOT 2 JELINSKE ADDITION SECTION 9, T88N, R2E 17.190 ACRES FOUND 5/8" IRON 987900 W/ORANGE PLASTIC CAP MARKED '80EINER 15487' CO THE SE CORNER OF THE 511/4 5E1/4. SECTION 9. 70854. R2E 150' 300' 600' SCALE: 1" = 300' 5012'33'19 119,40' N 64'1010' W 334.50' 5 8337'59 W 209.50' NOTE 140 5097E7 15 LOCATED IN 136 5E1/4 07 STIIE°514 9348 . DuBUOD0 BOUNTY., awl` N ACCESS. FOR LOT 2 OF JELINSKE ADDITION SHALL BE ACROSS 9.07 2 5W1/4 5911/4 SEC. 10, 788N, R2E AND LOT 2-2 NW1/4 891/4 SEC. 15 158N. 92E A710 LOT 1 NW' /4 8481/4 SEC. 15. 75814, R2E AND THE SWI/4 N11/4 SEC. 15. TION, R2E AND LOT 1 AND LOT 2 P` TO LOREL P0808LANUBUOVE COUNTY, 5 8750'26" W 1351.73' (1351.54') NE1/4 NE1/4 SECTION 16, T88N, REE 8.4 m 0 0 ' N711/4 581/4 SECTION 10, 388N, R2£ FOUND 5/8' IRON REROD 49/ORANGE PLASTIC CAP MARKED 'ROELKER 1548Y 0 THE NE CORNER OF THE 5E1/45E1/4 OF 5ECT0N 9, T888, R2E N V ra 01 0 u LOT 1 3871/4 581/4 SECTION 10. T88N. R2E LOT 2 381/4 SW1/4 SECTION 10, T88N. R2E FOUND 5/5' IRON REROD 1Y/ORANGE PLASTIC CAP MARKED 'KOELKER 15407' 0 THE SE CORNER OF SECTION 9, 7888. 92E I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LANG 5597E107 80ER THE LAWS OF THE STATE OF IOWA. 77" C/1. 2 /74. TERRY L N60.8ER (RATE) 0CENSE NUMBER 15487 MY LICENSE RENEWAL DATE 15 DECEMBER 31. 2015 SHEETS COVERED BY TNIS SEAL : SHEET 182 ASSEATESIINC. ENGINEERS AND SURVEYORS 1212 LOCUST 5T. OVBUOUE. IA ' (553) 556-4389 DRAWN BY: RMK CHECKED BY: TLK SURVEY DATE 2/3/14 PLOT DATE: 2/21/14 DWG. NO. 14007-02 SCALE: 1" a 300' SHEET 1 OF 4 10956 11586 fik A&. Abak.4.74.--m, Base Data Provided by Dubuque County GIS THE CITY OF Dui Masterpiece on the Mississippi Vicinity Map Applicants: Location: Description: Laura Jelinske 11832 Lorelei Lane Dubuque beedAl-AmalaCRI 11111F 2007.2012 • 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: Ttus informationwascompiled 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 and participating agencies utilized the most current and accurate information available, DAGIS and its 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, incidentai, consequential, punitive, or special 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. Path: H:\Planning Services\EVB\ArcGISMaps\Vicinity Map_JelinskeAddition mxd Alikk 1:15,000 NORTH Doc ID 007989990013 Type' GEN Kind AGREEMENT Recorded: 05/07/2014 at 02:10:11 PM Fee Amt: $67.00 Page 1 of 13 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00004597 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 /c day of /! , 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 5th 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 (p700 CityClerk 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 is Chapter 368. Agreement. SECTION 2. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This made pursuant to and in accordance with the provisions of Iowa Code The foregoing preambles and recitations are made a part of this TERM. The term of this Agreement is from the /b 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: If to Owner: City of Dubuque City Clerk 50 West 13th Street Dubuque, Iowa 52001 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: /,OL/ Roy D. B I, Mayor ATTEST: Kevin S. irnstahl, City Clerk OWNER By: By: Laura V. Jelins 5th May On this.c4-day of 1l r',1 , 2014, before me, a Notary Public in and forsaid 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 My Commission Expires aja.) Notary Public in the State of Iowa My Commission expires / 10 • / On this /G day of 'dp. , 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. DUNNE Commission Number 17653 M Comm. Exp. /� 5 Ntary lic in the State of Iowa My Commission expires /lJ-, /-/$ ATTACHMENTS EXHIBIT A: Legal Description and Plat of Annexation EXHIBIT B: Petition for Annexation 6 AREA TO BE ANNEXED EXHIBIT A Masterpiece on the Mississippi The SE 1/4 SE 1/4 Section 9, T88N, R2E of the 5th P.M. Dubuque County, Iowa 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. 136-14 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JAMES L. AND LAURA V. JELINSKE Whereas, James L. and Laura V. Jelinske 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: The SE 1/4 SE '/a Section 9, T88N, R2E of the 5th P.M., Dubuque County, Iowa; and Whereas, James L. and Laura V. Jelinske 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 Plan 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 James L. and Laura V. Jelinske and the City of Dubuque is hereby approved. Passed, approved and adopted this 5th of May, 2014. ATTEST: o rA _Rv 017 Kevin S. Firnstahl, City Clerk Roy 1 . 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. 136-14 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 6th day of May, 2014. / A Kevin S. irnstahl, CMC, City Clerk 1111111111111111011111111101101111111111111101110111111011111 Doc ID 007990000003 Type GEN Kind AGREEMENT Recorded: 05/07/2014 at 02:10:40 PM Fee Amt: $17.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2014-00004598 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Maureen A. Quann 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 1 000 City Clerk 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, 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 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, C. Clerk OWNER By: By: Laura V. Jelin e Laura V. Jelin e 5th May si" On this -day of , 2014, before me, a Notary Public in and for said state, personally appeared fRoy 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. Cornmission Number 719986 My Commission Expires ►ar �Y 2 Notary Public in the State of Iowa My Commission expires /a. J3•lq On this / day of ,-4,I ' , 2014, before me, a Notary Public in and for said state personally appeared I: 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 M. DUNNE Commission Number 176530 My Comm. Exp. 3 in the State of Iowa My Commission expires /0-,2A/5- 111111111111111110101111111111111111111111 Doc ID: 007990010003 Type: GEN Kind: AGREEMENT Recorded: 05/07/2014 at 02:10:52 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014-00004599 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Maureen A. Quann 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 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, 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 1 170o CrtyClexk 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 5th 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 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: Roy D./: uol, Mayor 2 OWNER By: ATTEST: By: U, Laura V. Jeli ke Kevi . Firnstahl, City Clerk 5th May On this '-!day of \ , 2014, before me, a Notary Public in and for said state, personally appeared o�y 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. ¶P TSFUL. BL RSON- Commission Number 719986 My Commission Expires Ick 13.1N Notary Public in the State of Iowa My Commission expires J&/.) 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. DUNNE Commission Number 176530 1.9y Comm. Exp. r 3 Nota Publi•i the State of Iowa My Commission expires /O'a/-/-s On this t 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 M. DUNNE Commission Number 176530 My Comm. Exp. f 3 N in the State of Iowa My Commission expires `o -.2//