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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