Pre-Annexation Agreement_Richard M. and Mary Lou BradleyMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre -Annexation Agreement for Richard M. and Mary Lou Bradley
DATE: July 15, 2014
Dubuque
band
AI -America City
11111r
2007 • 2012 • 2013
Planning Services Manager Laura Carstens recommends City Council approval of a
pre -annexation agreement with Richard M. and Mary Lou Bradley, property owners, in
conjunction with their request for approval of a Final Plat of Richard Bradley Third
Addition in Dubuque County. The subject property is located within two miles of the
City's corporate limits, and as part of approving the Final Plat, a pre -annexation
agreement must be signed as established by the City's Fringe Area Development
Standards of the Unified Development Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bat44 .,
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
XtTi • D511. • 53:,
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre -Annexation Agreement -- Richard M. and Mary Lou Bradley
DATE: July 14, 2014
INTRODUCTION
This memorandum transmits for City Council review and approval, a pre -annexation
agreement with Richard M. and Mary Lou Bradley, property owners, in conjunction with
their request for approval of a Final Plat of Richard Bradley Third Addition 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 Final Plat, a pre -annexation agreement must be signed as
established by the City's Fringe Area Development Standards in Section 11-7.E of the
Unified Development Code (UDC). The property is not currently contiguous to the
Dubuque city limits, so it cannot be annexed at this time. In accordance with this
requirement, 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 does not
require City Council approval as the UDC specifically allows the City Planner to sign -off
on two lot splits.
RECOMMENDATION
I recommend that the City Council approve the Bradley pre -annexation agreement in
accordance with the Fringe Area Development Standards, 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
THE CITY OF
Du13
Masterpiece on the Mississippi
Vicinity Map
Dubuque
11 111
2007. 2012 • 2013
Applicants: Richard M. & Mary Lou
Bradley
Location: 9685 Laudeville Road
Description: Pre -Annexation Agreement
Legend
9685 Laudeville Road
DISCLAIMER: Thls 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 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 shall not
be held liable for any direct, Indirect, incidental, consequential.
punitive, or special damages, whetherforeseeable 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.
Base Data Provided by Dubuque County GIS Path: H:1Planning Services\EVBIArcGISMaps\Vicinity Map_BradleyPreAnnexAgreement.mxd
1:20,000 NORTH
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. le St: (563)589-4210
Return to: Laura Carstens, 50 West 13th Street, Dubuque, IA 52001 (563) 589-4210
RESOLUTION NO. 212-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND RICHARD M. AND MARY LOU BRADLEY
Whereas, Richard M. and Mary Lou Bradley, the owners of the following
described property in Dubuque County, Iowa (the Property) 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 2 of RICHARD BRADLEY SECOND SUBDIVISION, and the NE 1/4 of the NW'/ of
Section 36, T88N, R2E of the 5th P.M., excluding Lot 1 of Richard Bradley Second
Subdivision, all in Dubuque County, Iowa.
; and
Whereas, Richard M. and Mary Lou Bradley 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 Richard M. and Mary
Lou Bradley and the City of Dubuque is hereby approved.
Passed, approved and adopted this 21st day of July, 2014.
ATTEST:
Kevin Firnstahl, C ty
Roy D. Buol, Mayor
11
11
oII
11101111
11
IijII
Y
Doc ID 008062220016 Type: GEN
Kind: RESOLUTION
Recorded: 08/01/2014 at 02:26:50 PM
Fee Amt: $82.00 Page 1 of 16
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014-00008321
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St: (563)589-4210
Return to: Laura Carstens, 50 West 13th Street, Dubuque, IA 52001 (563) 589-4210
RESOLUTION NO. 212-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND RICHARD M. AND MARY LOU BRADLEY
Whereas, Richard M. and Mary Lou Bradley, the owners of the following
described property in Dubuque County, Iowa (the Property) 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 2 of RICHARD BRADLEY SECOND SUBDIVISION, and the NE 1/4 of the NW'/ of
Section 36, T88N, R2E of the 5th P.M., excluding Lot 1 of Richard Bradley Second
Subdivision, all in Dubuque County, Iowa.
; and
Whereas, Richard M. and Mary Lou Bradley 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 3681 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
ao0
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 Richard M. and Mary
Lou Bradley and the City of Dubuque is hereby approved.
Passed, approved and adopted this 21St day of July, 2014.
ATTEST:
401 41e -df_4
-01.971' arAir-
Kevin,. Firnstahl, C ty
Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. I
do further state that the hereto attached Resolution No. 212-14 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 22nd day of July, 2014.
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Maureen A. Quann, 300 Main St., Dubuque, IA 52001
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
RICHARD M. AND MARY LOU BRADLEY
This Pre -
the / day of
City of Dubuqu
nex-tion Agreement (the "Agreement"), dated for reference purposes
, 2014, is made and entered into by and between the
City") and Richard M. and Mary Lou Bradley ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
Lot 2 of RICHARD BRADLEY SECOND SUBDIVISION and the NE 1/4 of the NW 1/4
except Lot 1 of RICHARD BRADLEY SECOND SUBDIVISION all of Section 36, T.88N.
R.2E. of the 5th P.M. all of 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
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 21st day of
July , 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
Richard M. and Mary Lou Bradley
9685 Laudeville Road
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:
ATTEST:
Kevin S. Firnstahl, City o.Ierk
OWNER
By: N
M
chard M. Bradley
By:
On thi day of ! ;j/ , 2014, before me, a Notary Public in and for said
state, personally apared R'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.
ta___.w____
saw!dx3 uoissImao AN
9966I.L a.�q�inj uoissluauao0
NIOSV3'1J 1 HSla ,
Notary Public in the State of Iowa
My Commission expires 1 •13 • J
On this day of vv -e , 2014, before me, a Notary Public in and for said
state personally appeared Richard M. and Mary Lou Bradley 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.
Notary Public in the State of Iowa
My Commission expires -" i 9 `(
Ito
5
LINDA A. DUCCINI
Commission Number 707834
my Commission Expirs
ATTACHMENTS
EXHIBIT A: Legal Description and Real Estate
EXHIBIT B: Petition for Annexation
6
Lot 2 of RICHARD BRADLEY SECOND SUBDIVISION and the NE 1/4 of the NW 1/4 except Lot 1 of
RICHARD BRADLEY SECOND SUBDIVISION all of Section 36, T.88N. R.2E. of the 5th P.M. all of
Dubuque County, Iowa.
THE CITY OF
DUB E
Masterpiece on the Mississippi
EXHIBIT A
LEGAL DESCRIPTION OF LAND TO BE ANNEXED:
LOT 2 RICHARD BRADLEY SECOND SUBDIVISION &
THE NE 114 OF THE NW 1/4 EXCEPT LOT 1 RICHARD BRADLEY
SECOND SUBDIVISION ALL OF SEC. 36, T88N, R2E, OF
THE 5TH PM, ALL OF DUBUQUE COUNTY,
IOWA
Parcel I.D. No: 1536176005 & 1536126002
DAGIS
al -SIMILE ma ci>curxm mrca,<no. STYTth
LOT 1 RICHARD
BRADLEY SECOND
SUBDIVISION
DISCLAIMER: This information was compiled
using the Dubuque Area Geographic Information System
(DAGISI, whim includes data created by bath the City of
Dubuque and Dubuque County. It Is understood that, while
Dia City of Dubuque and participating agencies utilhad the
most current and accurate Information available, DAGIS and
its suppliers do not warrant the accuracy or currency of the
info rmaban or date contained herein. The City and participating
agencies shall not be hail liable for any direct, indirect. incidental,
unnsequental, punitive, or special damages, whether forasaeabie or
foreseeable, arising out of the authorized or unauthorized use of
this data or the Inability to usa this data or out of any breach of
warranty whamoevec
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
DATE FILED
EXHIBIT B
PETITION FOR ANNEXATION •
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioners Respectfully States Under Oath:
1. That the Petitioners are the sole owners of record of the following legally described land
hereinafter to as the "Real Estate". See attached Exhibit A: Legal Description and Plat of
Annexation. 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 Petitioners Respectfully Request:
1. That the above-described Real Estate be annexed to the City of Dubuque by resolution of the
Mayor and City Council of the City of Dubuque, Iowa, pursuant to Chapter 368 of the Code of
Iowa.
2. That such other action may be taken as is appropriate in the premises.
We, the Petitioners, hereby state that the preceding statements and all statements made in
supplementary material, and all attached documents submitted by me are true and correct.
We, the Petitioners, hereby acknowledge that pursuant to Iowa Code § 368.7(e), and upon
execution of the attached Pre -Annexation Agreement, Petitioners hereby waive the right to
withdraw or rescind this Petition and hereby waive the right to withdraw consent to this Petition
and waive the right to object to annexation.
Signed on this day of , 2014.
Telephone: 563- Telephone: 563 -
Subscribed and sworn before me this
Notary Public
ATTACHMENTS:
EXHIBIT A: Legal Description and Real Estate
EXHIBIT B: Pre -Annexation Agreement
9
day of , 2014.
EXHIBIT A
LEGAL DESCRIPTION AND REAL ESTATE
10
Lot 2 of RICHARD BRADLEY SECOND SUBDIVISION and the NE % of the NW'/ except Lot 1 of
RICHARD BRADLEY SECOND SUBDIVISION all of Section 36, T.88N. R.2E. of the 5th P.M. all of
Dubuque County, Iowa.
11
1'HELiY
L EXHIBIT A
Masterpiece on the Mississippi
LOT 1 RICHARD
BRADLEY SECOND
SUBDIVISION
LEGAL DESCRIPTION OF LAND TO BE ANNEXED:
LOT 2 RICHARD BRADLEY SECOND SUBDIVISION &
THE NE 1/4 OF THE NW 114 EXCEPT LOT I RICHARD BRADLEY
SECOND SUBDIVISION ALL OF SEC. 36, T88N, R2E, OF
THE 5TH PM, ALL OF DUBUQUE COUNTY,
IOWA
Parcel I.D. No: 1536176005 & 1536126002
11111111111111111mrs
aroaucr or
uaouc MG( c:xfAnnc rraca,Atma srsnn
DXSCLAittea: Tilts information was compiled
using the Dubuque Area Geographic Information system
(DAGIS), which Includes data created by both the Gly of
Dubuque and Dubuque County. Itis understood that, while
the Gty of Dubuque and participating agencies utilized the
most currant and accurate Mfarmation available, DAMS and
Its suppliers do not warrant the accuracy or currency of the
Information ordain contained herein. The City and participating
,gentles shag net be held gable for any direct, indirect, Incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the suthartrad or unautharlxad use of
this data or the Inability to use this dao or out of any brach of
warranty wha¢oever.
1 inch = 500 feet
500 250 0
500 Feet VV
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
EXHIBIT B
PRE -ANNEXATION AGREEMENT
13
111111111111111111111111
Doc ID: 008062230003 Type: GEN
Kind: MISCELLANEOUS
Recorded: 08/01/2014 t 16 PM
Fee Amt: $17.00 Pap 1 02:2
Pape
Dubuque County Iowaof 3
Kathy Flynn Thurlow Recorder
Fi1e2014_00008322
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Maureen A. Quann, 300 Main St., Dubuque, IA 52001
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
THIS CO EN A NT AND AGREEMENT, made and entered into effective the
e71/1/ day of , 2014, between the City of Dubuque, Iowa (hereinafter
called "City"), 'nd Ric and M. and Mary Lou Bradley (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 2 of RICHARD BRADLEY SECOND SUBDIVISION and the NE % of the NW 1/4
except Lot 1 of RICHARD BRADLEY SECOND SUBDIVISION all of Section 36, T.88N.
R.2E. of the 5th P.M. all of 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
1
Cly D f;� auk._
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
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 2 of RICHARD BRADLEY SECOND SUBDIVISION and the NE 1/4 of the NW %
except Lot 1 of RICHARD BRADLEY SECOND SUBDIVISION all of Section 36, T.88N.
R.2E. of the 5th P.M. all of 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.
2
CITY OF DUBUQUE, IOWA OWNER
By:
Roy D. Buo Mayor
ATTEST:
Kevin S. Firnstahl, City Clerk
BY .,111
By:
Ri ard M. Bradley
AA.)
MaryLu :radley
On thi/k day of ke, / , 2014, before me, a Notary Public in and for said state,
persona4y appeared Ro 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.
mmI&on Number 719986
My Commission Expires
ea
var. walk
NIDSW ""
Notary Public in the State of Iowa
My Commission expires
On this3 day of vk-,,z-c,_ 2014, before me, a Notary Public in and for said state
personally appeared eichtvd t1einictriitglyvikti8wn 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.
3
Notary Public in the State of Iowa
My Commission expires /-P9
LINDA A. OUCCINI
Commission Number 707$34
My Commission Expires
-.act le
110101111011111
ui
lI0II
VIII
11
Doc ID 008062240003 Type GEN
Kind MISCELLANEOUS
Recorded: 08/01/2014 at 02:27:44 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2014-00008323
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Maureen A. Quann, 300 Main St., Dubuque, IA 52001
COVENANT PERTAINING TO WATER SERVICE
THIS, AGREEMENT, made and entered into effective the / day of
, 2014, between the City of Dubuque, Iowa (hereinafter called "City"),
andRichard M. & (hereinafter called "Owners"), their heirs, successors and
assigns, Mary Lou Bradley
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 2 of RICHARD BRADLEY SECOND SUBDIVISION and the NE 1/4 of the NW 1/4
except Lot 1 of RICHARD BRADLEY SECOND SUBDIVISION all of Section 36, T.88N.
R.2E. of the 5th P.M. all of 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
1
\'l� � (Jif i
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 DUB,,`QUE, IOWA
By:
Roy D.
ATTEST:
ol, Mayor
Kevin . Firnstahl, ' ity _ erk
OWNER
By:
Ri• and M. Bradley
On this day of AF, , 2014, before me, a Notary Public in and for said state,
personal y appearA 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.
lesion Number 71.986
a r rn ssinn Expires
2
Notary Public in the State of Iowa
My Commission expires
-CA
On this day of2014, before me, a Notary Public in and for said state
personally appeared Richard M. and Mary Lou Bradley 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.
otary Public in the State of Iowa
My Commission expires ---\cl'W1
LINDA A DUCCINI
Commission:Number 707834
My Comrnission,xpires
3