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Pre-Annexation Agreement - Joseph M. And Deborah L. Vize
Copyright 2014 City of Dubuque Consent Items # 15. ITEM TITLE: Pre-Annexation Agreement - Joseph M. And Deborah L. Vize SUMMARY: City Manager recommending approval of a Pre-Annexation Agreement with Joseph M. and Deborah L. Vize, property owners, in conjunction with a request for approval of the Final Plat of Vize Place in Dubuque County. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Joseph M. and Deborah L. Vize SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Vize Pre-Annexation Agreement-MVM Memo City Manager Memo ❑ Staff memo Staff Memo ❑ Vicinity map Supporting Documentation ❑ Pre-Annexation Agreement 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 — Joseph M. and Deborah L. Vize DATE: March 9, 2015 Planning Services Manager Laura Carstens recommends City Council approval of a Pre-Annexation Agreement with Joseph M. and Deborah L. Vize, property owners, in conjunction with a request for approval of the Final Plat of Vize Place in Dubuque County. The subject property is located within two miles of the City of Dubuque 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. There is no plan to annex the property at this time. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF Dubuque DUBIJIJUE NI-AmedeaCi j Masterpiece on the Mississippi qi 2007•2012•2013 TO: Michael C. Van Milligen, City Manager FROM: Laura.Carstens, Planning Services Manager SUBJECT: Pre-annexation Agreement—Joseph M. and Deborah L. Vize DATE: March 2, 2015 INTRODUCTION This memo transmits for City Council review and approval, a pre-annexation agreement with Joseph M. and Deborah L. Vize, property owners, in conjunction with request for approval of the Final Plat of Vize Place 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 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). 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 Vize 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 CM OF Dubuque DUB6 E Masterpiece on the Mississippi z007.2U2.2013 CC Vicinity Map Applicants: Joe Vise Location: 12055 Cottingham Road p Description: Pre-Annexation Agreement Legend E3Vise Place meuvEe rm laaere..n�aM taeicm. imda a..c..p.pnm wa.am.saa.lwnsx vtmn Ina maEel.oeeteEgean es dry a Omume eN u�v..cw�n em�ae.�+L.mircL.+:l.m.mya mow.anagmmn�w e�wfe.oXllzeame mea wneR .MaawLLe4ttameEm Mlik.RIGA erC b swa�aaa+ mi w.axnwaavegmom MW arane wwwew aan mn.mn*nean•rov.eeweec.aeb..a.o mL Ee Xeek is eq OhR.M rtd MtlECael lOMewel9el. w.u....�w.c.ie...a+..nab�x..ee.ee e. am�ae<.rc�..auymae iw ew e�wa.ry 1:10,000 emcn ammaen.mHaae.. THE CITY OF DUB['F MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MEMO To: Trish Gleason Assistant City Clerk DATE: March 26, 2015 RE: Original Recorded Documents Trish: I am returning to you the following original recorded documents for your file: 1. English Ridge, LLC, recorded as Instrument no. 2015-00002763 on 03/12/15 • Warranty Deed • Groundwater Hazard Statement 2. DB&T Community Development Corp, recorded as Instrument no. 2015-00002549 on 03/09/15 • Warranty Deed • Groundwater Hazard Statement 3. Arboretum Development LLC (Greg Adams) recorded as Instrument no. 2015-00002495 on 03/09/15 • Pre -Annexation Agreement • Covenant Assessment of Costs of Improvements • Covenant Pertaining to Water Service 4. Joseph & Deborah Vize recorded as Instrument no. 2015-00003136 on 03/20/15 • Pre -Annexation Agreement • Covenant Assessment of Costs of Improvements • Covenant Pertaining to Water Service • Memorandum of Agreement We will be retaining copies of these documents for our files. Thank you. Attachment cc: Crenna M. Brumwell, Assistant City Attorney Maureen A. Quann, Assistant City Attorney F:\USERS\tsteckle\Tracey\Memos\Gleason_OriginalRecordedDocs_032615.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL tsteckle©cityofdubuque.org Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St: (563)589-4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 West 13th St (563) 589-4210 RESOLUTION NO. 84-15 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOSEPH M. AND DEBORAH L. VIZE Whereas, Joseph M. and Deborah L. Vize, 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 1 of 1 of 3 and Lot 1 of 1 of 1 of 3, both of the subdivision of the Southeast'/ and the East 'h - Southwest '/ of Section 36, T89N, R1E of the 5th P.M., Dubuque County, Iowa; and Whereas, Joseph M. and Deborah L. Vize 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 Joseph M. and Deborah L. Vize and the City of Dubuque is hereby approved. Passed, approved and adopted this 16th day of March, 2015. Attest: Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor IIII 11 II 11 I II 111 IIIIMIIll 1 I II III II I u Doc ID• 008203360016 Type' GEN Kind AGREEMENT Recorded: 03/20/2015 at 12:05:42 PM Fee Amt: $82.00 Page 1 of 16 Dubuque County Iowa John Murphy Recorder File2015-00003136 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 131" Street, Dubuque, IA 52001 563-589-4121 PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOSEPH M. AND DEBORAH L. VIZE This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes the /Gerday of rne4..e.ki , 2015, is made and entered into by and between the City of Dubuque, Iowa ("City") and Joseph M. and Deborah L. Vize (collectively "Owner"). Whereas, Owner is the legal owner of real estate legally described as: LOT 2-1-1-3 AND 1-1-1-3, BOTH OF THE SUBDIVISION OF THE SE 1/4 AND THE E1/2-SW1/4, OF SECTION 36, T89N, R1 E, OF THE 5TH P.M., DUBUQUE COUNTY, IOWA. and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"); and Whereas, as of the date of this Agreement, the Real Estate is not contiguous to the corporate city limits of the city of Dubuque, but is located within two (2) miles of the corporate city limits of the city of Dubuque and constitutes territory which may be annexed by City as provided in Iowa Code Chapter 368; and Whereas, Owner desires to have the Real Estate annexed by City upon certain terms and conditions as hereinafter set forth; and Whereas, notice of the proposed annexation shall be given to the parties legally required to be notified pursuant to Chapter 368 of the Iowa Code at the time the Real Estate becomes contiguous to City; and c6t-u'UCd-Ai CQevlc. 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 day of , 2015 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%). 2 5. For the ninth and tenth year, fifteen percent (15%). 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. 6.3 If Owner obtains City water services prior to annexation, Owner will pay the regular City water rate paid by all other City residents for such services. 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. 3 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: (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 Joseph M. and Deborah L. Vise 12055 Cottingham Road Peosta, IA 52068 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: ZY, Roy D. B , I, Mayor ATTEST: Trish L. Gleason, City Clerk OWNER By: By: DEBORAH L. VIZE 0 itki day off \, 1 , 2015, before me, a Notary Public in and f state, pers• = appeared Roy . Buol and Trish L. Gleason kno . . e to be the person(s) named in . ho executed the foregoing in - - and acknowledged that they executed the same as olunta 1114eVii.L. otary Publ in On thi qday of r ��%, 2015, before me, a Notary Public in and for said state personally appeared Jos.' h M. and Deborah L. Vize 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. My Commission expires -7 e-ROhe 5 4 4 ' Yn otary Public in the State of Iowa My Commission expires —M r -d ace On this day of , 2015, before me, a Notary Public in and for said state, personally appeared Roy D. Buol and Trish L. Gleason 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. PA�98ELA J. I CCARRON Commission Nu bet 772419 My Comm. Exp. 2,a I Notary Public i tie State of Iowa My Commission expires S`"ao 15 ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation LOT 2-1-1-3 AND 1-1-1-3, BOTH OF THE SUBDIVISION OF THE SE1/4 AND THE E1/2-SWI/4, OF SECTION 36, T89N, R1 E, OF THE 5T" P.M., DUBUQUE COUNTY, IOWA _ _ LEGAL DESCRIPTION OF LAND TO BE ANNEXED: �—� DusEXHIBIT A LOTANDIAND THEE III-SWS/40EDC ON 6F THE UBDMRO IE ODFTHESTHF THESE S/4 DAGIS'1,11 Ma terpI on Me Mississippi P.M.,DUBUQUE COUNTY,IOWA,CONTAINING 1200 ACRES MORE OR LESS 3 L EXISTING 12458 CORPORATE LIMITS CITY OF DUBUQUE LOT 1-1 SEC.36 c LOT KUNDE PLACE N0.3 � z j�V✓ cya :.f'` LOT 2 2-1-3 SE 1/ LOTS &E1/2-SW1/4 SEC.36 SEC.36 E V2-SW114 ,;''12089 F. 15693 12085' LOT 1-2-1-3 114& 1/2 / N E 1/2-SWi/4 SEC.36 LOT SW 1ASW1/4 SEC.36 LOT 2-2-3 SE 1/4 8 E 1/2-SWI/4 SEC 36 V ' i .. LOT '' ;' 12042 SW 1/4 SW1/4 LOT 1-2-3 SEC.3E � � SE 114&E 1/2-SW1/4 SEC.36 PART OF LAREA LOT LOT LOT TO BE WEST 43.80 AC METCALF ACRES `''' 15582METCALF ACRES E1/2-NW114 �`@:" SEC.1 ANNEXED 1n<°0-.m,:tl`n Puree ev oom snn`Tor N Map Prepared by: 1 inch = 200 feet Cityef Dubuque .rs m 210 105 0 210 Feet W�E AREA TO BE ANNEXED Engineering Division 50 West 13th Street Lren °oenr Dubuque,Iowa 52001 I..cr Ume.em°«°�.°rvm e'o °r p Phone:(563)584-02]0 1y v°°moo, °A J Fax:(563)5894205 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 12015. Telephone: 563- Telephone: 563- Subscribed and sworn before me this day of 12015. Notary Public ATTACHMENTS: EXHIBIT A: Legal Description and Plat of Annexation EXHIBIT B: Pre-Annexation Agreement EXHIBIT A LEGAL DESCRIPTION AND PLAT 10 LOT 2-1-1-3 AND 1-1-1-3, BOTH OF THE SUBDIVISION OF THE SE1/4 AND THE E1/2-SW1/4, OF SECTION 36, T89N, R1 E, OF THE 5T" P.M., DUBUQUE COUNTY, IOWA I 11 rwscmoF LEGAL DESCRIPTION OF LAND TO BEANNEXED: _ JYR E EXHIBIT A LOT�THE E 1D1-SW1/40FSEC ON 3OF THE �S9N,RIE OON OF THE SE F THE 5TH THI/4 D e GIS Mueeeryiern on floe mi"inippi P.M.,DUBUQUE COUNTY,IOiNA,CONTAINING 1200 ACRES MORE OR LESS /� �mm u.. EXISTING 12458 CORPORATE LIMITS Y`zyv' CITY OF DUBUQUE LOT 1-1 SE 1/4&E1/2-SW1/4 C � SEC.36 ^>, LOTS KUNDE PLACE N0.3 2555 LOT 2-2-1-3 SE 114 LOT 5 &E 1/2-SW1/4 SE 1/4&E 1/2-SWI14 „SEC.36 SEC.36 ;%h� 12089 15693 12085 LOT 1-2-1-3 SE 1/4& E 1/2-SW1/4 � SEC.36 LOT SW 1/4 SW1/4 12078 , SEC.36 LOT 2-23 SE 114&E 1/2-SW1/4 SEC.36 ✓Y LOT 12042 SW 114 SW1A LOT 1-2-3 SEC.36 �J SE 1/4&E 112-SW1/4 SEC 19 AREA PART OF LOT LOT2 ,,` LOT1 1 ® �E WEST 43.80 AC METCALF ACRES ' 15582METCALF ACRES $' El/2-NW1/4 SEC.1 ANNEXED io:cIsi nim:ki�aeemr ree e�eo°Lm98„er N Map Prepared by: _ttI., 1 inch= 200 feet City of Dubuque PP 210 105 0 210 Feet W E AREA TO BE ANNEXED Engineering Division 50 West 13th Street ena rvo .ca im Dubuque Iowa 52001 `ns` 'I, Phone:(563)589-4270 _I. 111 It III 111blill.,,.. .—tt, d”..1 op`IT""r III—Ir S F.:(563)589-0205 EXHIBIT B PRE-ANNEXATION AGREEMENT (Insert fully executed pre-annexation agreement here) iummAuimummumA 111111111111 mo Doc ID 008203370003 Type GEN Kind: AGREEMENT Recorded: 03/20/2015 at 12:06:05 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00003137 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4121 COVENANT PERTAINING TO WATER SERVICE THIS AGREEMENT, made and entered into effective the /try day of rrleiroti , 2015, between the City of Dubuque, Iowa (hereinafter called "City"), and Joseph M. and Deborah L. Vize (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 2-1-1-3 AND 1-1-1-3, BOTH OF THE SUBDIVISION OF THE SE1/4 AND THE E1/2-SW1/4 OF SECTION 36, T89N, R1 E, OF THE 5TH P.M., DUBUQUE COUNTY, IOWA. WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction of the City for plat approval and for authorization of rural water service; and, WHEREAS, Owners may desire to receive rural water service for the land being platted, NOW, THEREFORE, the parties hereto agree that: 1. For purposes of making provisions for future city water services to the area legally described above, (the Real Estate), the Owners, their heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, shall be and are hereby fully bound, jointly and severally, to pay to the City the sum of any and all 1 1T°0 GiLf vIL 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, 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 ATTEST: Trish L. Gleason, Assistant City Clerk OWNER By: M ph M. Vize By. Deborah L. Vize On this Ka day of 2015, before me, a Notary Public in and for said state, personally appeared Roy D. Buol and Trish L. Gleason 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 dee PAMELA J. SIIcCARRON Commission Number 772419 My Comm. Exp. �n the State of Iowa My Commission expires On thi i • ay of ' ►, ', 2015, before me, a Notary Public in and for said state personally appeared Jose M. Vize and Deborah L. Vize 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. 3 01-4 yn ribt" otary Pu •' is in the State of Iowa My Commission expires 1- 0. a°)49 111111111111111111111111111111111111111111111111111111 Doc ID: 008203380003 Type: GEN Kind: AGREEMENT Recorded: 03/20/2015 at 12:06:49 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00003133 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4121 COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS THIS COVENANT AND AGREEMENT, made and entered into effective lip_ day of }M eta, , 2015, between the City of Dubuque, Iowa (hereinafter called "City"), and Joseph M. Vize and Deborah L. Vize (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 2-1-1-3 AND 1-1-1-3, BOTH OF THE SUBDIVISION OF THE SE1/4 AND THE E1/2-SW1/4, OF SECTION 36, T89N, R1E, OF THE 5TH P.M., DUBUQUE COUNTY, IOWA WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction of the City for plat approval; and, NOW, THEREFORE, the parties hereto agree that: 1. This agreement is made for the purpose of meeting the subdivision regulations and plat approval requirements of the City for approval of the subdivision plat of the Real Estate. 2. In anticipation of the possibility that the City may at some time deem it to be in the public interest to cause construction of street paving, curbs and guttering, storm 1 Ludt- 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 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 2-1-1-3 AND 1-1-1-3, BOTH OF THE SUBDIVISION OF THE SEI/4 AND THE E1/2-SWI/4, OF SECTION 36, T89N, RIE, OF THE 5T" P.M., DUBUQUE COUNTY, IOWA 5. This covenant and agreement shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants, unless claims to continue any interest in the covenants and filed as provided by law. The City shall have the right to file a claim to continue its interest in these covenants. 6. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Executed by the respective signatories effective the date first above written. 2 CITY OF DUBUQUE, IOWA By: Roy D. I ioI, Mayor ATTEST: Trish L. Gleason, Assistant City Clerk On this ) 6day of (i, , 2015, before personally appeared Roy D. Buol and Trish L named in and who executed the foregoing executed the same as their voluntary act and • PAMELA J. McCAHRON Commission Nu ber 772419 My Comm. Exp. -5rZ01 OWNER By: a. vt�-- Deborah L. Vize me, a Notary Public in and for said state, . Gleason known to me to be the person(s) instrument, and acknowledged that they deed. inati Notary Public i e State of Iowa My Commission expires L\--5-201 5 On this ay of 1►.l. r, 015, before me, a Notary Public in and for said state personally appeared Joseph M. Vize and Deborah L. Vize 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. 3 obio tary Pubilic in the State of Iowa My Commission expires 1 ff°c2D)0