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Pre-Annexation Agreement - John A. and Celeste R. Fischer
Copyright 2014 City of Dubuque Consent Items # 8. ITEM TITLE: Pre-Annexation Agreement - John A. and Celeste R. Fischer SUMMARY: City Manager recommending approval of a Pre-Annexation Agreement with John A. and Celeste R. Fisher in conjunction with their request for approval of the Plat of Survey of Hancock Subdivision in Dubuque County, which is within two miles of the City of Dubuque corporate limits. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa, and John A. and Celeste R. Fischer SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Fischer Pre-Annexation Agreement-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Map Supporting Documentation ❑ Pre-Annexation Agreement Supporting Documentation ❑ Covenant Assessment of Cost of Improvements Supporting Documentation ❑ Covenant Pertaining to Water Service Supporting Documentation ❑ Resolution Resolutions THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pre-Annexation Agreement - John A. and Celeste R. Fischer DATE: November 5, 2014 Planning Services Manager Laura Carstens recommends City Council approval of a Pre-Annexation Agreement with John A. and Celeste R. Fisher in conjunction with their request for approval of the Plat of Survey of Hancock Subdivision in Dubuque County, which is within two miles of the City of Dubuque corporate limits. There is no plan to annex the property at this time. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael 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 C2 OF DriAb e DUBE ^medeacky Masterpiece on the Mississippi 2007.2012-2013 TO: Michael C. Van Milligen, City Manager p �y FROM: Laura Carstens, Planning Services Manager I SUBJECT: Pre-annexation Agreement—John A. and Celeste R. Fischer DATE: November 4, 2014 INTRODUCTION This memo transmits for City Council review and approval, a pre-annexation agreement with John A. and Celeste R. Fischer, property owners, in conjunction with request for approval of the Plat of Survey of Hancock Subdivision in Dubuque County. The agreement, resolution, and related materials are attached. DISCUSSION The subject property is located within two miles of the city of Dubuque 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 10-year transition of the City share of property taxes as an incentive. RECOMMENDATION I recommend that the City Council approve the Fischer 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 '�` Dubu ue THE CITY OF UB E I 11R RT ,®6i®ia �°,®,.,® ■ Masterpiece on the Mississippi / ■ Pff Vicinity Map 92m C ty Limits Applicant: John A. and Celeste R. Fischer 12 Location: 10126 Key West Drive Description: Pre-Annexation Agreement �y ALANDA r ® & as 5V Ego o TWIN RIDGE SUB#5-LOT C; LOT 2-2-3 SE SE JANELLE 1p G Subject Prope rF I ITAL Base Data Provided by Dubuque County GIS Path:H:\Planning Services\Vicinity Maps\ZAC Vicinity Maps\projects\10126 Key West Drive Pre-Annexation Vicinity Map 11-4-2014.mxd Planning Services Depar nient City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubugue.org Dubuque THE CITY OF All -America City 111111 2007 • 2012 • 2013 DUBE Masterpiece on the Mississippi November 6, 2014 John A. and Celeste R. Fischer 10126 Key West Dr. Dubuque IA 52003 RE: City Council Consideration of Plat/Pre-Annexation Agreement Dear Mr. and Mrs. Fischer: The City Council will consider your pre -annexation agreement at a public meeting on Monday, November 17, 2014. The pre -annexation agreement is on the agenda as a Consent Item. Consent Items are placed at the beginning of the meeting and are voted on with a single motion by the City Council. Consent items are not voted on separately unless requested by a Council member. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planne cc: Kevin Firnstahl, City Clerk Mark and Pauline Hancock, 10086 Key West Drive, Dubuque IA 52003 Service People Integrity Responsibility Innovation Teamwork IUN'11141dh1 IIVIIYV�W�IIII� VI'nVlltl Doc ID' 008147150015 Type GEN Kind: AGREEMENT Recorded: 11/25/2014 at 02:54:54 PM Fee Amt: $77.00 Page 1 of 15 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00013289 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 JOHN A. AND CELESTE R. FISCHER This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes the 17 day of November , 2014, is made and entered into by and between the City of Dubuque, Iowa ("City") and John A. and Celeste R. Fischer ("Owners"). Whereas, Owners are the legal owner of real estate legally described as: Lot 2 of Lot 2 of Lot 3 of the Southeast 1/4 of the Southeast 1/4 , lying within Section 11, township 88 North, Range 2 East of the 5t Principal Meridian, 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 100914maq 0477,00 cam. Whereas, the City Council, after due and careful consideration, has concluded that the annexation of the Real Estate by City on the terms and conditions hereinafter set forth would further the growth of City, would provide for the harmonious development of City, would enable City to control the development of the area and would serve the best interests of City. NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This Agreement is made pursuant to and in accordance with the provisions of Iowa Code Chapter 368. The foregoing preambles and recitations are made a part of this Agreement. SECTION 2. TERM. The term of this Agreement is from the 17th day of November , 2014 until the annexation of the Real Estate to City is final. SECTION 3. PETITION FOR ANNEXATION. Owners, 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, Owners hereby waive the right to withdraw or rescind the Petition and hereby waive 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, Owners, Owners' 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 Owners, Owners' 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, Owners 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 Owners, the Owners' 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, Owners, Owners' 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 Owners agree that by execution of this Agreement, Owners, the Owners' 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 Owners 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 Owners 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 Owners 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 Owners will cure its default and continue its performance under this Agreement; (2) City may cancel and rescind this Agreement; (3) Owners 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 Owners; (4) City may take any action, including legal; equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the Agreement shall be delivered or mailed by certified mail, return receipt requested, to the respective parties at the following addresses: If to City: City of Dubuque City Clerk 50 West 13th Street Dubuque, Iowa 52001 If to Owners: John A. and Celeste R. Fischer 10126 Key West Drive 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 ATTEST: On this I±L day of 7) --WA 0, L' 2014, before me, a Notary Public in and for said state, personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the erson(s) named in and who executed the foregoing instrument, and acknowledged that hey executed the same as their voluntary act and deed. OWNER B ohn A. Fischer By: (1P.,,t.S-6,—,; Celeste R. Fischer MIC • LE M. HINKE , Commis . .qsrer 773656 My Co Ex Notary Public e State of Iowa My Commission expires n this (1CA6 In 2 V day of — -, 2014, before me, a Notary Public in and for said tate personally appeared John A. Fischer and Celeste R. Fischer 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. w. MICHELLE M. HINKE Commission Num er 774656 My Comm. Exp. 2-• iAtikt,Q) Notary Public in the State of Iowa (2- c 1 I • Co -K My Commission expires ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation 6 EXHIBIT A LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED Lot 2 of Lot 2 of Lot 3 of the Southeast % of the Southeast Y4, lying within Section 11, Township 88 North, Range 2 East of the 5t" Principal Meridian, Dubuque County Iowa E o. LEGAL DESC121PTION OF LALND TO BEANNEXED: EXHIBIT IBI r DUB E Lot 2-2-3 of the SE 1/4 of the SE L4 in Section 11, DAG IS f T88N,R2E of the 5th PAW-,Dubuque County,loran ,,.....,..:.....,,,.a,.,,, .bLalvgdav,m e; :1 ul o,-ippi 10241 9888 9870 9850 9842 1D248 1027D .. - 1� 10219 it :9903 9889 9865 9853 _ 1 l 1 - 9833 'I r , 9971. I . ° 9830 9965 i 9852 i 9910-+,9888 9866 9836 I 'IE�TION:1ti TOWNSHIP:I 60 RANGE:R2E 4� 10140 Lr 1-2.3 SE$E -� EXISTING /� 9964 CORPORATE L1MIT5 AREA _ .' CITY OF DUBUQUE CO TO BE LOT 7 10138 LOT 6 i ! T4MN RIDGE SUB.#5 ANNEXED 6 l LOT C LOT$ 70066 'y1NIN RIDGE SUB.#5 LOT 9 10080 i ARCHDIOCESE PLACE 92-SAL LOT 2-1 SE SE .I 10061 ! -10054 EXCL PT LOT A-2;KEY WEST OF LOT 2 NW SE I AND OF LOT 2 SW BE AND OFLOT 2-1 BE BE ALL IN SEC11.T88N R2E{SW ARTERIAL IVVB11698-11) j , I 10030 i f 10047 1,.. 10027 ' 10024 M.P,epareb u` ` by- City of Dubuque inch feet Engineering Division 21D 10s 0 216 Feet W E ® AREA TO BE ANNEXED 50 w�!sl 132,Sweet ^�w Dubuque,lame 52001 JC Phare:(563)589-4270 Fax:(563)5694205 EXHIBIT B PETITION FOR ANNEXATION DATE FILED 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 day of 12014. Notary Public ATTACHMENTS: EXHIBIT A: Legal Description and Plat of Annexation EXHIBIT B: Pre-Annexation Agreement 9 EXHIBIT A LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED Lot 2 of Lot 2 of Lot 3 of the Southeast 's/4 of the Southeast Y4, lying within Section 11, Township 88 North, Range 2 East of the 51h Principal Meridian, Dubuque County Iowa. i 10 THE rnro. LEGAL DESCRIPTION OF LAND TO B£AMVEXED: �� EXHIBIT A DUB Lot 2-2-3 of the SE 114 of the SE 114 in Section 23, DAG I S f ISSN,R2E of the Stk P.M.,Oubmgim County,lawn ,,.,w.�.�.:.................. hLnlcgd[a•wr:Ju•.'1isaf.pi 10248 9886 — 40556 _ y _...__._..�_..._- 9870 9850 9842 I � 19241 10270 _. .. . i 10219 l} I ,9903 9889 9865 9853 9833 wT 9971. I I 9830 c syr 9965 i 9910 i 9888 9866 9852 ! 9836 E TIOW11 TOWNSHIP:T88N RANGE R2E 10140 ' L 1-2.3$E SES• J EXISTING 9964 CORPORATE AREA L M7TS _ _i' CITY OF DUBUQUE m TO BE LOT 1D138 LOT6 j ! TWIN RIDGE SUB.#5 ANNEXED 1 6 LOT 8 10096 LOT C TWIN RIDGE SUB.#5 i LOT 9L�Y 1008D —� 1 ARCHDIOCESE PLACE#2-BAL LOT 2.1 SE SE EXCL PT LOT A-2;KEY WEST OF LOT 2 NW 10061 -10054 SE V 1 AND OF LOT 2 SW SE AND OFLOT 2-1 SE SE ALL IN SEC11.T88N R2E(SW ARTERIAL I✓V811696-11) 1OD30 10047 10027 \' 10024 VL y,19iiNux¢.nil-u.nu u.MMa M.Prepared by: Cid of Dubuque ." 1 inch = 200 feet mi:n• �c %: ' `d:: 21G 105 0 210 Fee W //�/� AREA TO BE ANNEXED En950%tml 13M slr�t n9 Divialon Dubuque lava 52001 Phalle!(563)589-4270 .,,...!�.w.j"w'......,..,.......';:�ry e.,... $ Fax:(563)569.4205 EXHIBIT B PRE-ANNEXATION AGREEMENT (Insert fully executed pre-annexation agreement here) 12 CITY OF DUBUQUE, IOWA By: kla/4 By: Roy -E -Buot,-Mayor - Karla A. Braig, Mayor Pro Tem ATTEST: Kev .. S. Firnstahl, City On day of KAXY G�-, 2014, before me, a Notary Public in and for . state, persona ly a• -. red Roy D. Buol and Kevin S. Firnstahl known ti e to be the person(s) named in __ho executed the foregoing instrum . , : nd acknowledged that they executed the same as .,voluntary act and de OWNER John A. Fischer By: 0, , g) • ��i ) Celeste R. Fischer MICHELLE M. HINKE Commission Nu ber 773656 My Comm. Exp. otary Pub My Commission expires- MICHELLE xpires On this day of OCi'bt Y' 2014, before me, a Notary Public in and for said state personally appeared John A. Fischer and Celeste R. Fischer 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 heed. MICHELLE WL HINKE Commission Number 773¢56 My Comm. Exp. (pz '4004) 3 (11,01Q, My Commission expires 6 �za%� On this 7 day of 1Q00a-et,t0 2014, before me, a Notary Public in and for the State of Iowa, personally appeared 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. FIISH L, GLEASON mission Number 719986 My Commscoion Expires ,11 '►Z ' J `7 Notary Public in and for the State of Iowa My Commission Expires jam• j�/` THE CITY OF DUB F MEMORANDUM Masterpiece on the Mississippi MAUREEN A. QUANN, ESQ. ASSISTANT CITY ATTORNEY To: Kevin Firnstahl City Clerk DATE: December 3, 2014 RE: Pre -Annexation Agreement — John & Celeste Fischer Kevin: Attached for your file are the following original documents recorded on November 25, 2014 relating to the above -referenced subject: 1. Pre -Annexation Agreement; 2. Covenant Pertaining To Water Services; 3. Covenant Assessment Of Costs Of Improvements. will retain a copy in my file. Thank you. MAQ:tls Attachment cc: Kyle Kritz, Associate Planner F:\USERS\Mquann\Planning and Zoning\PreAnnexation Agreements\Fischer Pre -Annexation Agreement\Firnstahl_OriginalRecordedDocs_120314.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL mquann@cityofdubuque.org 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. 355-14 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOHN A. AND CELESTE R. FISCHER Whereas, John A. and Celeste R. Fischer, 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 Lot 2 of Lot 3 of the Southeast % of the Southeast'/, Tying within Section 11, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa. ; and Whereas, John A. and Celeste R. Fischer 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 John A. and Celeste R. Fischer and the City of Dubuque is hereby approved. Passed, approved and adopted this 17th day of November, 014. ATTEST: By: Kevin S. Firnstahl, City (clerk STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 355-14 is a correct copy of the original Resolution No. 355-14 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 17th day of November, 2014. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 18th day of November, 2014. Trish L. Gleason, Assistant City Clerk IiIIi hili I Iii 1 IIiIi iI I1 i1li ISI iIIIi llI 11110IIi 1 hili IIiII ilii illi Doc ID: 008147160003 Type GEN Kind AGREEMENT Recorded: 11/25/2014 at 02:55:52 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00013290 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 COVENANT PERTAINING TO WATER SERVICE THIS AGREEMENT, made and entered into effective the 17th day of November , 2014, between the City of Dubuque, Iowa (hereinafter called "City"), and John A. and Celeste R. Fischer (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 Lot 2 of Lot 3 of the Southeast 1/4 of the Southeast 1/4, lying g within Section 11, township 88 North, Range 2 East of the 5t Principal Meridian, 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 100914maq 0,ti7oa 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, protests or litigation related to or arising out of the City providing water service to all or any part of the Real Estate, following annexation of the Real Estate to the City. 2. This covenant and agreement shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises, and representations hereinstated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants, unless claims to continue any interest in the covenants are filed as provided by law. The City shall have the right to file a claim to continue its interest in these covenants. 3. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Executed by the respective signatories effective the date first above written. CITY OF DUBUQUE, IOWA By: ATTEST: Ke in S. Firnstahl, C OWNERS e� Iohn A. Fischer By: Q' i" (-db �'`� '.t1 Celeste R. Fischer 4' �^,r On this rt day of UC` Y ', 2014, before me, a Notary Public in and for said state, personally appeared Rey Dr--Buel—aRel—Keyin--a--F-ifrr8tal=rl 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. J6Kr\ 4 ceire � -e— MICHELLE M. HtNKE rtiCY-C47\._ ViktiLJ Commission Number 773656 Notary Public in the State of Iowa My Comm. Exp.(© My Commission expires 62120 2 On this day of 2014, before me, a Notary Public in and for the State of Iowa, personally appeared 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. Nota Public in d for the State of Iowa PAMELA J. McCARRON ommission Number 772419 My Comm. Exp. 5-5-20.1.5 My Commission Expires -1-/-5-7,69/J 111 1111111111 IlllI II 11 Doc ID: 008147170004 Type GEN Kind AGREEMENT Recorded: 11/25/2014 at 02:56:11 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00013291 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS THIS COVENANT AND AGREEMENT, made and entered into effective the l7thday of November , 2014, between the City of Dubuque, Iowa (hereinafter called "City"), and John A. and Celeste R. Fischer (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 Lot 2 of Lot 3 of the Southeast 1/4 of the Southeast 1/4, lying within Section 11, Township 88 North, Range 2 East of the 5t Principal Meridian, 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 100914maq 4aa, 00 9 C #t A. Estate, the Owners do hereby covenant and agree that by execution of this instrument Owners, 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, Owners, their 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 Lot 2 of Lot 3 of the Southeast ' of the Southeast '/4, lying within Section 11, Township 88 North, Range 2 East of the 5t Principal Meridian, 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 By: /1Cianh_ 47 RDy-a-Buot-M-ayor- Karia A. Braig, Mayor Pro Tem ATTEST: 4 • Of Kev S. rnstahI, City k C ) On day of OCICADZY , 2014, before me, a Notary Public in and for state, persona ly a red Roy D. Buol and Kevin S. Firnstahl known e to be the person(s) named in ho executed the foregoing instrume' -nd acknowledged that they executed the same as voluntary act and de OWNER By: John A. Fischer By: Celeste R. Fischer MICHELLE M. HINKE Commission Number 773656 My Comm. Exp.4,- On this'IfI day ix/ C of0 2014, before me, a Notary Public in and for said state .1.6 personally appeared John A. Fischer and Celeste R. Fischer 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 reed. otary Pub • the State of Iowa My Commission expires MICHELLE NI. HINKE Commission Number 77356 My Comm. Exp. (cfi CH/5 3 Notary Pu (k Oki lic in the State of Iowa My Commission expires 62 On this / ice' day of I'VD0€2-4-t,t0 c.p✓ 2014, before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. TRISH L GLEASON fission Number 719986 y CQmmis ,ion Expires Notary Public in and for the State of Iowa My Commission Expires /a• /Z'/�/