Loading...
Pre-Annexation Agreement Doris GrafMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pre -Annexation Agreement - Doris Graf DATE: August 26, 2014 Dubuque httd AHMelacm 2007 • 2012 •2013 Planning Services Manager Laura Carstens recommends City Council approval of the Doris Graf Pre -Annexation Agreement for Lot 1 of Graf Farm Subdivision in accordance with the Fringe Area Development Standards, and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. /DC/444 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 THE CITY 0 UB Masterpiece on the uv TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Pre -Annexation Agreement Doris Graf DATE: August 21, 2014 INTRODUCTION This memorandum transmits for City Council review and approval, a pre -annexation agreement with Doris Graf, property owner, in conjunction with their request for approval of Plat of Survey of. Lot 1 and Lot 2 of Graf Farm Subdivision #2 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 Standards in Section 11-7.E of the Unified Development Code (UDC); There is no plan to annex the property 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. RECOMMENDATION I recommend that the City Council approve the Doris Graf 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 v et 4 .•-lea * *4 ' v+ + •: s tip il k . w+ Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St: (563)589-4210 Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210 RESOLUTION NO. 273-14 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DORIS GRAF Whereas, Doris Graf, the owner 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 1 of Graf subdivision in Dubuque County, Iowa. ; and Whereas, Doris Graf 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 Doris Graf and the City of Dubuque is hereby approved. Passed, approved and adopted this 2nd day of September, 2014. By: ATTEST: • By: .CEG Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor 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 DORIS GRAF This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes the day of , 2014, is made and entered into by and between the City of Dubuque, Iowa ("City") and Doris Graf ("Owner"). WHEREAS, Owner is the legal owner of real estate legally described as: Lot 1 of Graf Farm Subdivision, Dubuque County, Iowa and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"); and WHEREAS, as of the date of this Agreement, the Real Estate is not contiguous to the corporate city limits of the city of Dubuque, but is located within two (2) miles of the corporate city limits of the city of Dubuque and constitutes territory which may be annexed by City as provided in Iowa Code Chapter 368; and WHEREAS, owner desires to have the Real Estate annexed by City upon certain terms and conditions as hereinafter set forth; and WHEREAS, notice of the proposed annexation shall be given to the parties legally required to be notified pursuant to Chapter 368 of the Iowa Code at the time the Real Estate becomes contiguous to City; and WHEREAS, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by City on the terms and conditions hereinafter set forth would further the growth of City, would provide for the harmonious development of City, would enable City to control the development of the area and would serve the best interests of City. 081814maq 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 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%). SECTION 6. CITY WATER SERVICES. 2 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 § 384.50, the provisions of Iowa Code § 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. 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: A. 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; B. City may cancel and rescind this Agreement; C. 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; D. 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 1 3th Street Dubuque, Iowa 52001 Doris Graf 15279 Humke Road Dubuque, IA 52002 SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City of Dubuque, Iowa in its sole discretion. 4 CITY OF DUB, QUE, IOWA OWNER I► . A By: By: pp cnt.�.2. Roy D.Mayor Doris Graf ATTEST: k Trish L. Gleason, Assistant City Clerk On this2na day ofseptember , 2014, before meg a Notary Public in and for said County, personally appeared Roy D. Buol and Ke S. Fimstahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation y it voluntarily executed. POPAEL/4 J. k7cCARRO Commission Number 772410 My Comm. Exp. -5-20/3 s ant City Clerk ,4771,2 Notary Public in fix for Dubuque County, Iowa My Commission expires ``7 S 0 (6- On this'Lrjtday of h-. 2014, before me, a Notary Public in and for said state personally appea -d Doris Graf 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. 10 MAUREEN A. QUANN Commission Number 769401 My Comm. Exp. S uif (l Notary Public in th a of Iowa My Commission expires ''1.; $i- Z5, 2017 5 ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation EXHIBIT A LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED Lot 1 of Graf Subdivision, Dubuque County, Iowa DA`I <,oW ~.� C areppaarol Map Pred b; ly ue E-AREATCJ�BEANNEXED Engineering ager 5o crit ast al fibaef q hone: (6 taw•ra 6207'1 S Phone: (563) 569A2OC Fax: {563)588i2hk \\ IL �� . _____Al \ \ \\\ \) &\\§ \\ul Enii tHL >.: z. ir mi� CD f« . \ f OS . r Z �) \ \ \ y\ CI . . »:. .... . . THE CITY OF LEGAL DESCRIPTIC DUI3 E EXHIBITA LRTI O£ �NThINl SLIBI Masterpiece on t Mississippi 1��..11 i/11 Parcel . . , / , ... ,.., ,. ,,,,• ,,,,,, („: 40TF 6S)NERSEf kLLt9 $Ufl SEG. 25 T89N RIE 7 a Tr . o ( | .. . . . . . . . . .. .. .. . : . EXHIBIT B PETITION FOR ANNEXATION DATE FILED 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 , 2013. Telephone: 563- Telephone: 563 - Subscribed and sworn before me this Notary Public day of , 2013. ATTACHMENTS: EXHIBIT A: Legal Description and Plat of Annexation EXHIBIT B: Pre -Annexation Agreement 10 EXHIBIT A LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED Lot 1 of Graf Subdivision, Dubuque County, Iowa 11 EXHIBIT B PETITION FOR ANNEXATION (Copy of Executed Pre -Annexation Agreement will be inserted here) 13 Il III I N llli 1111111 1111 Doc ID' 008098130016 Type: GEN Kind: AGREEMENT Recorded: 09/26/2014 at 02:13:26 PM Fee Amt: $82.00 Page 1 of 16 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2014-00010788 Prepared by: Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to : Kevin Firnstahl,City Clerk 50 w 13th Street, Abuque, Iowa 52001 PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DORIS GRAF This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes the 2vY.,1 day of 6tpa)vor , 2014, is made and entered into by and between the City of Dubuque, Iowa ("City") and Doris Graf ("Owner"). WHEREAS, Owner is the legal owner of real estate legally described as: Lot 1 of Graf Farm Subdivision, Dubuque County, Iowa and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"); and WHEREAS, as of the date of this Agreement, the Real Estate is not contiguous to the corporate city limits of the city of Dubuque, but is located within two (2) miles of the corporate city limits of the city of Dubuque and constitutes territory which may be annexed by City as provided in Iowa Code Chapter 368; and WHEREAS, owner desires to have the Real Estate annexed by City upon certain terms and conditions as hereinafter set forth; and WHEREAS, notice of the proposed annexation shall be given to the parties legally required to be notified pursuant to Chapter 368 of the Iowa Code at the time the Real Estate becomes contiguous to City; and WHEREAS, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by City on the terms and conditions hereinafter set forth would further the growth of City, would provide for the harmonious development of City, would enable City to control the development of the area and would serve the best interests of City. 081814maq 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 day of ,4,i , , 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%). SECTION 6. CITY WATER SERVICES. 2 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 § 384.50, the provisions of Iowa Code § 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. 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, 3 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: A. 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; B. City may cancel and rescind this Agreement; C. 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; D. 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 Doris Graf 15279 Humke Road Dubuque, IA 52002 SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of the City of Dubuque, Iowa in its sole discretion. 4 CITY OF DUB QUE, IOWA OWNER By: ATTEST: k Trish L. Gleason, Assistant City Clerk By: O.t.A•,- Roy D. ol, Mayor Doris Graf On this2nd day ofseptember , 2014, before r*9 a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin- Fir ,I to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation y it voluntarily executed. **Tr s L. 4lea, �s,savi ant City Clerk PAMELA J. b11cCAGiRCN Commission Number 772410 My Comm. Exp. ! 5--zo Notary Public in for Dubuque County, Iowa My Commission expires -Z7 -,,„Z/b- On this 215{day of ��,, sq- , 2014, before me, a Notary Public in and for said state personally appeea d Doris Graf 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. > r IAUREEN A. QUANN Commission Number 769401 My Comm. Exp. Notary Public in th- - a of Iowa My Commission expires hits+ ZS, 2D17 5 ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation EXHIBIT A LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED Lot 1 of Graf Subdivision, Dubuque County, Iowa THE CITYOF DUB Masterpiece on the Mississippi EXHIBIT A LEGAL DESCRIPTION OF LAND TO BE ANNEXED: LOT 1 OF GRAFFARM SUBDIVISION, DUBUQUE COUNTY, IOWA, CONTAINING 36.01 ACRES, MORE OR LESS. Parcel I.D. No: 0925427003 DAGIS Boma Mot ataataillic airman.. Miro WA NORMAN PLACE LOT 2 LOT 3 DUB. INDUSTR IAL CENTER WEST 2ND ADD. 1— Lu cc LOT 1 & C OF DUB. INDUSTRIAL CENTER WEST 2ND ADD. EXISTING CORPORATE LIMITS CITY OF DUBUQUE LOT 2 SEIPPEL RD. PLACE 2-1 SE SE 5 T89N R1 E LOT 2 SW S SEC.25T89N RIE DISCLAIMER: This information was complbd using the Durmque Area Geographic Information System DAGIS), which Includes data created . by both the City of Dubuque and Dubuque County. It le understood that, while the City of Dubuque and participating 000ncles ulliked the most current and accurate Information available, DAMS and its suppliers do t warrant the acoa0acy or rumoncy of the Infnot data contained herein. The City and participating vont. shall not be held liable for any direct, Indirect incidental consequential, psrcive, or special damages, whether foreeeeeble or ,nfn,0000able, arising out of the euthor0ed or unauthorized use of thls data or the Inebslty to use this data or out of any breech of warranty whale .va. 1 inch = 400 feet 410 205 0 410 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 8 EXHIBIT B PETITION FOR ANNEXATION 9 DATE FILED 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 , 2013. Telephone: 563- Telephone: 563 - Subscribed and sworn before me this day of , 2013. Notary Public ATTACHMENTS: EXHIBIT A: Legal Description and Plat of Annexation EXHIBIT B: Pre -Annexation Agreement 10 EXHIBIT A LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED Lot 1 of Graf Subdivision, Dubuque County, Iowa 11 THE CITY OF DUB Mos tcrpieee on the Mississippi ti W cc W A NORMAN PLACE LOT 2 cc EXHIBIT A LEGAL DESCRIPTION OF LAND TO BE ANNEXED: LOT 1 OF GRAF FARM SUBDIVISION, DUBUQUE COUNTY, IOWA, CONTAINING 36.01 ACRES, MORE OR LESS. Parcel ID. No: 0925427003 DAGIS MI.. AMA W3641111t mrcta.naa m,ra LOT 3 DUB. INDUSTR IAL CENTER WEST 2ND ADD. LOT 1 & C'OF-DUB: INDUSTRIAL CENTER WESr2ND ADD. EXISTING CORPORATE LIMITS CITY OF DUBUQUE Aar LOT 2 SW S SEC. 25 T89N RIE oThis Information m ation was coplied sng the Di,buque Area Geographic Information System (DAGIS), whidi Includes data created by both the City of Dubuque and Dubuque Count'. It Is understood that while the City of Dubuque and participating agencies utilized the mn(5 current and arcuate Information available, DAG15 and suppliers do not warrant the accuracy or currency of the Infbrmatbn or data contained herein. The City and participating apecles shall not be held liable for any direct Indirect,_ Ingdentat, consequential, punitive, or 5patlai damages, whethn foreseeable or unforeseeable, arllhng out of the authorized or unauthorized use of t,15 data gr the Inability to use Nis data or out of any breach of warranty wha6oeve. 1 inch = 400 feet 410 205 0 410 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 12 EXHIBIT B PETITION FOR ANNEXATION (Copy of Executed Pre -Annexation Agreement will be inserted here) 13 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13t1 -1St: (563)589-4210 Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210 RESOLUTION NO. 273-14 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DORIS GRAF Whereas, Doris Graf, the owner 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 1 of Graf subdivision in Dubuque County, Iowa. ; and Whereas, Doris Graf 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 Doris Graf and the City of Dubuque is hereby approved. Passed, approved and adopted this 2nd day of September, 2014. By: ATTEST: Trish L. Gleason, Assistant City Clerk 1" Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 273-14 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 26th day of September, 2014. title, Ei r;r r) .. 'd (SEAL).,, jF ap •E\• • `�i, Kevi,- S. Firnstahl, ► I' ; City Clerk 1151311111$1141$111101111 1111111 ilii ilii Doc ID: 008098140003 Type Kind: AGREEMENT Fee Amt:$17/ .00Page 1tof2314:27 PM Dubuque County Iowa Kathy Flynn Thurlow Recorder Q Q Fi1e2014�-00010789 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, I/0+52001 563-589-4381 Retnm to:Kevin Firnstahl City Clerk 50W 13th Street, Dihx7ue, Iava 52001 COVENANT PERTAINING TO WATER SERVICE THIS AGREEMENT, made and entered into effective the 2t day of 6i.c1► , 2014, between the City of Dubuque, Iowa (hereinafter called "City"), and Doris Graf (hereinafter called "Owner"), their heirs, successors and assigns, WITNESSES: WHEREAS, the aforesaid Owner has applied to the City for approval of a subdivision plat of an area of land described as follows ("the Real Estate"): Lot 1 of Graf Farm Subdivision, 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, Owner 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 Owner, their heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, shall be and are hereby fully bound, jointly and severally, to pay to the City the sum of any and all amounts that the City is required to pay as compensation to the rural water service provider for losses resulting from annexation of all or any part of the Real Estate by the City and such amounts as the City may be required or reasonably agree to pay the rural water service provider as a settlement for resolution of any claims, disputes, objections, 081814maq i 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 OWNER By: L, By: OUr�qq Cr -C-143 Royb. Bfol, Mayor Doris Graf ATTEST: _Kevin S Firnstahl, City Clerk Trish L. Gleason, Assistant City Clerk On this 2nd day of September , 2014 , before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free actnd deed of said Municipal Corporation by it voluntarily executed. **Trish L. Gleason, Assistant City Clerk (0/X/5 - Notary Public in ap 7for Dubuque County, Iowa 2 PAMELA J. c t\ F OItl Commission Number 772419 My Comm. Exp. 4-5 -2015 On this AO:lay of 'I < 44—, 2014, before me, a Notary Public in and for said state personally appeared I).ris Graf 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. MAUREEN A. QUANN Flyy Commission Exp S(2er 769401 Comm. Exp.Q�r/ 3 Notary Public inState of Iowa My Commission expires ' 1251 ►7 11 11111101 011 10011 110 11 11 1111 Doc ID: 008098150003 Type: GEN Kind: AGREEMENT Recorded: 09/26/2014 at 02:14:52 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014-00010 90 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin Firnstahl City Clerk 50 W 13th Street Dubuque, Iowa 52001 COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS THIS COVENANT AND AGREEMENT, made and entered into effective the All day of t( , b&i , 2014, between the City of Dubuque, Iowa (hereinafter called "City"), and Doris Graf (hereinafter called "Owner"), their heirs, successors and assigns, WITNESSES: WHEREAS, the aforesaid Owners have applied to the City for approval of a subdivision plat of an area of land described as follows ("the Real Estate"): Lot 1 of Graf Farm Subdivision, 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 Estate, the Owner does hereby covenant and agree that by execution of this instrument 081814maq 0°© Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and each of them, shall pay and are bound to pay to the City, the costs of the aforesaid improvements assessed to the Real Estate, by action of the governing body for the City, after notice of hearing as provided by section 384.50 Code of Iowa, the provisions of 384.38 Code of Iowa notwithstanding. 3. Without affecting the forgoing waivers of rights, it is understood and agreed that if and when the governing body of the City conducts a hearing on a proposed resolution or necessity to assess public improvement costs to the Real Estate, the Owners of the Real Estate may then appear before the governing body of the City and be heard. 4. Additionally, Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and each of them, in consideration of the benefits derived from approval of the said plat of Real Estate, receipt of which is hereby acknowledged, covenant with the City that it will not, at any future time, sue the City, or any officer or employee of the City, to test the regularity of the proceedings or legality of the assessment procedure, to appeal the amount of the assessment, to enjoin, set aside, overturn, or reduce the amount of such assessments levied against the Real Estate by the City. The foregoing provisions encumber the Real Estate described as: Lot 1 of Graf Farm Subdivision, 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 No. By: By: DV 0-144—> Roy D. Bu4{, Mayor ATTEST: Kevin S. Firnstahl, City Clerk Trish L. Gleason, Assistant City Clerk Doris Graf On this 2nd day of September , 20 14, before me a Notary Public in and for said County, personally appeared Roy D. Buol and I4ev-in Fi, Stahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. **Trish L. Gleason, Assistant City Clerk Notary Public in a for Dubuque County, Iowa PAti9ELA J. eCAnRo Commission Number 772419 My Comm. Exp. On this 21`+"day of '�. ; , 2014, before me, a Notary Public in and for said state personally appeared loris Graf 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. MAUREEN A. QUANN Commission Num er 7 401 My G;mm. Exp. 0 3 -2 Nota Public in the ate of Iowa My Commission expires 1126/17