Pre-Annexation Agreement - Gronen/Mulgrew Copyright 2014
City of Dubuque Consent Items # 11.
ITEM TITLE: Pre-Annexation Agreement - Gronen/Mulgrew
SUMMARY: City Manager recommending approval of a Pre-Annexation Agreement
with Mary (Mulgrew) Gronen and the Robert J. Mulgrew Marital Trust for
approximately 30.5 acres located along White Top Road near the entrance
to Swiss Valley Park in Dubuque County.
RESOLUTION Approving a Pre-Annexation Agreement between the City
of Dubuque, Iowa and Mary (Mulgrew) Gronen and American Trust And
Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under
Article VI of the Last Will and Testament of Robert J. Mulgrew and the
Mary Lou Mulgrew Revocable Trust dated January 22, 2008
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Pre-Annexation AGreement-Mary(Mulgrew)Gronen-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ 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-Mary (Mulgrew) Gronen
DATE: July 14, 2015
Planning Services Manager Laura Carstens recommends City Council approval of a
Pre-Annexation Agreement with Mary (Mulgrew) Gronen and American Trust and
Saving Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the
Last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable
Trust, property owners. The subject property is approximately 30.5 acres and located
along White Top Road near the entrance to Swiss Valley Park in Dubuque County.
As part of the City Planner approving a Plat of Survey for the property, 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
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
Dub E ,
Masterpiece on the Mississippi 2 2
t00'/•ROIR•R033
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager C�"_l
SUBJECT: Pre-Annexation Agreement—Mary (Mulgrew) Gronen
DATE: July 9, 2015
INTRODUCTION
This memorandum transmits for City Council review and approval a pre-annexation
agreement with Mary (Mulgrew) Gronen and American Trust and Savings Bank,
Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the last Will and
Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated
January 22, 2008, property owners. The subject property is approximately 30.5 acres in
size and located along White Top Road near the entrance to Swiss Valley Park 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.
As part of the City Planner approving a Plat of Survey for the property, 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. There is no plan to
annex the property at this time. In accordance with this agreement, Legal staff has
prepared the attached pre-annexation agreement with the standard 10-year transition of
the city's share of property taxes as an incentive.
RECOMMENDATION
I recommend that the City Council approve the Gronen 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.
Thank you.
Enclosures
cc: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
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. 245-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MARY (MULGREW) GRONEN AND AMERICAN TRUST
AND SAVINGS BANK, TRUSTEES OF THE ROBERT J. MULGREW MARITAL
TRUST UNDER ARTICLE VI OF THE LAST WILL AND TESTAMENT OF ROBERT J.
MULGREW AND THE MARY LOU MULGREW REVOCABLE TRUST DATED
JANUARY 22, 2008
Whereas, Mary (Mulgrew) Gronen and American Trust and Savings Bank,
Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the last Will and
Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated
January 22, 2008, 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 the SW ' NW 1/4 Section 16, T88N, R2E of the 5th P.M., Dubuque
County, Iowa; and
Whereas, Whereas, Mary (Mulgrew) Gronen and American Trust and Savings
Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the last Will
and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated
January 22, 2008 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 Mary (Mulgrew)
Gronen and American Trust and Savings Bank, Trustees of the Robert J. Mulgrew
Marital Trust under Article VI of the last Will and Testament of Robert J. Mulgrew and
the Mary Lou Mulgrew Revocable Trust dated January 22, 2008 and the City of
Dubuque is hereby approved.
Passed, approved and adopted this 20th day of July, 2015.
By:
ATTEST:
By: Ir/. ff7
Kevin 6.` Firnstahl, Cit;lerk
Royal Buol, Mayor
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Doc ID 008283320016 Type GEN
Kind AGREEMENT
Recorded: 07/21/2015 at 02:32:31 PM
Fee Amt: $82.00 Page 1 of 16
Dubuque County Iowa
John Murphy Recorder
File2015-00009394
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 563-589-4100
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MARY (MULGREW) GRONEN AND AMERICAN TRUST & SAVINGS BANK,
TRUSTEES OF THE ROBERT J. MULGREW MARITAL TRUST UNDER ARTICLE VI
OF THE LAST WILL AND TESTAMENT OF ROBERT J. MULGREW AND THE MARY
LOU MULGREW REVOCABLE TRUST, DATED JANUARY 22, 2008
his Pre -An exation Agreement (the "Agreement"), dated for reference purposes
the ` `'-day of , 2015, is made and entered into by and between the
City of Dubuque lo ("City") and Mary (Mulgrew) Gronen and American Trust &
Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust Under Article VI of the
Last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable
Trust, dated January 22, 2008 (hereinafter collectively called "Owner"), their heirs,
successors, and assigns.
Whereas, Owner is the legal owner of real estate legally described as:
LOT 2 OF THE SW 1/4 NW 1/4, SECTION 16, T88N, R2E 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 limits of the city of Dubuque and constitutes territory which may be annexed
by City as provided in Iowa Code Chapter 368; and
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19°®(L1
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.
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.
SEC, ION 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
2
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.
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 City
the sum of any and all amounts 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 City and such amounts as 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 City providing water service to
all or any part of the Real Estate, following annexation of the Real Estate to 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.
6.4 If Owner, Owner's heirs, successors and assigns, including but not limited to the
future owners of the Real Estate own, operate, and maintain a private well or water
system to supply water to the Real Estate, Owner, Owner's heirs, successors and
assigns, including but not limited to the future owners of the Real Estate will be allowed
to keep, maintain, and replace such well or water system indefinitely upon annexation, if
Owner, Owner's heirs, successors and assigns, including but not limited to the future
owners of the Real Estate choose to do so.
SECTION 7. OTHER CITY SERVICES.
7.1 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, Owner agrees that by
3
execution of this Agreement, Owner, Owner's heirs, successors and assigns, including
but not limited to the future owners of the Real Estate, and each of them, shall pay and
are bound to pay City, the costs of the aforesaid improvements assessed to the Real
Estate, by action of the City Council, after notice of hearing as provided by Iowa Code
Section 384.50, the provisions of Iowa Code Section 384.38 notwithstanding.
7.2 It is City's current policy that Owner may elect, at the time of annexation, to
dedicate any streets on the Real Estate to the City, or to maintain any streets on the
Real Estate as private streets. If Owner maintains as private streets, City will not make
or require improvements to bring private streets to City standards. Such policy is
subject to change and may no longer be in effect at the time of annexation.
7.3 Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states
that the owner of any house, building, or property used for occupancy, employment,
recreation, or other purposes situated in City and abutting on any street, alley, right of
way, or easement in which there is now located, or may in the future be located, within
two hundred feet (200') of the nearest property line thereof, a public sanitary sewer of
City, is required at the owner's expense to connect to such facilities directly with the
property public sewer, in accordance with City standards. If, at the time of annexation,
the nearest property line of the Real Estate is within two hundred feet (200') of a public
sanitary sewer, City, Owner, Owner's heirs, successors and assigns, including but not
limited to the future owners of the Real Estate will be required to connect to such sewer.
City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in
effect at the time of annexation.
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:
4
(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
Mary Mulgrew Gronen
1766 Plymouth Court
Dubuque, Iowa 52003
American Trust & Savings Bank
Attn: Lynne Kirchhoff
895 Main Street
Dubuque, Iowa 52001
SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City Council of Dubuque, Iowa in its sole discretion.
5
CITY OF DUBUQUE, IOWA
By:
OWNER
B
/By:
Ma
ulgrew Gronen, T
ATTEST:
z
Ake
Kevin S. Firnstahl, City Clerk
Ll1`cik, t "f
American Tru t & Savings Bank
Trustee
On this/j/ day of i ,`�,� , 2015, before me, a Notary Public in and for said
state, personally a a peareo 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- . GLEA f T"
Commission Number 719988
My Commission Expires
Notary Public in the State of Iowa
My Commission expires / •/3 •T7
On this; day of ..,] U r' , 2015, before me, a Notary Pu lic in and for said
state personally appeared Mary Mulgrew Gronen and Lynne A k;ttk&z "on behalf of
American Trust & Savings Bank, 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.
SARAH J. JECKLIN
Commission Number 178805
My Commission Expires
6
ckc\
Notary Public in the State of Iowa
My Commission expires 14 3-
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 2 OF THE SW' NW 1/4, SECTION 16, T88N, R2E OF THE 5TH P.M.,
DUBUQUE COUNTY, IOWA
061215maq
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ILJE EXHIBIT A
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LEGAL DESCRIPTION OP !AND TO SE ANNEXED;
LOT 2 OE ME SW 1/4 OF WE NW 14 SECTION 16,
TON, RZE OF TILE STII PM, DUBUQUE COUNTY; OW4
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AREA TO BE ANNEXED
map Prtparod by:
eity of Dubuque
Engdlearng D-romn ;
50 'Melt 13Th Sirtt
OLeuque, kora 52001 ;
Ptionc; (5Ev..” e99-4270
Fir (50) 5.90-4201
EXHIBIT B
PETITION FOR ANNEXATION
10
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
Mary Mulgrew Gronen
1766 Plymouth Court
Dubuque, Iowa 52003
Telephone: 563- «S(- gtotac
, 2015.
American Trust & Savings Bank
895 Main Street
Dubuque, Iowa 52001
Telephone: 563-582-1841
Subscribed and sworn before me this day of , 2015.
Notary Public
ATTACHMENTS:
EXHIBIT B-1:
EXHIBIT B-2:
Legal Description and Map of Area to be Annexed
Pre -Annexation Agreement
11
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
LOT 2 OF THE SW' NW 1/4, SECTION 16, T88N, R2E OF THE 5TH P.M.,
DUBUQUE COUNTY, IOWA
12
EXHIBIT A
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LOT NE NE
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EXHIBIT B-2
PRE -ANNEXATION AGREEMENT
(Insert fully executed Pre -Annexation Agreement here)
14
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. 245-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND MARY (MULGREW) GRONEN AND AMERICAN TRUST
AND SAVINGS BANK, TRUSTEES OF THE ROBERT J. MULGREW MARITAL
TRUST UNDER ARTICLE VI OF THE LAST WILL AND TESTAMENT OF ROBERT J.
MULGREW AND THE MARY LOU MULGREW REVOCABLE TRUST DATED
JANUARY 22, 2008
Whereas, Mary (Mulgrew) Gronen and American Trust and Savings Bank,
Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the last Will and
Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated
January 22, 2008, 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 the SW % NW 1/4 Section 16, T88N, R2E of the 5th P.M., Dubuque
County, Iowa; and
Whereas, Whereas, Mary (Mulgrew) Gronen and American Trust and Savings
Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the last Will
and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated
January 22, 2008 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 Mary (Mulgrew)
Gronen and American Trust and Savings Bank, Trustees of the Robert J. Mulgrew
Marital Trust under Article VI of the last Will and Testament of Robert J. Mulgrew and
the Mary Lou Mulgrew Revocable Trust dated January 22, 2008 and the City of
Dubuque is hereby approved.
Passed, approved and adopted this 20th day of July, 2015.
ATTEST:
By:
w;0,- fr-3
Kevin i.` Firnstahl, City Jerk
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 245-15 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 21st day of July, 2015.
Kevin S. irnstahl( CM' City Clerk
IIII IIIIlll II lII 1
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Doc ID 008283340004 Type GEN
Kind: AGREEMENT
Recorded: 07/21/2015 at 02:34:04 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
File2015-00009396
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 563-589-4100
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
JA THIS CO ENANT AND AGREEMENT, made and entered into effective the
day of 4,i; /' , 2015, between the City of Dubuque, Iowa (hereinafter
called "City"),#%and ARY (MULGREW) GRONEN AND AMERICAN TRUST &
SAVINGS BANK, TRUSTEES OF THE ROBERT J. MULGREW MARITAL TRUST
UNDER ARTICLE VI OF THE LAST WILL AND TESTAMENT OF ROBERT J.
MULGREW AND THE MARY LOU MULGREW REVOCABLE TRUST, DATED
JANUARY 22, 2008 (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 THE SW 1/4 NW 1/4, SECTION 16, T88N, R2E 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,
NOVV, 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.
ecis Cil e - S
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
Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and
each of them, shall pay and are bound to pay to the City, the costs of the aforesaid
improvements assessed to the Real Estate, by action of the governing body for the City,
after notice of hearing as provided by section 384.50 Code of Iowa, the provisions of
384.38 Code of Iowa notwithstanding.
3. Without affecting the forgoing waivers of rights, it is understood and agreed that if
and when the governing body of the City conducts a hearing on a proposed resolution
or necessity to assess public improvement costs to the Real Estate, the Owners of the
Real Estate may then appear before the governing body of the City and be heard.
4. Additionally, Owner, its heirs, successors and assigns, including purchasers of
the Real Estate, and each of them, in consideration of the benefits derived from
approval of the said plat of Real Estate, receipt of which is hereby acknowledged,
covenant with the City that it will not, at any future time, sue the City, or any officer or
employee of the City, to test the regularity of the proceedings or legality of the
assessment procedure, to appeal the amount of the assessment, to enjoin, set aside,
overturn, or reduce the amount of such assessments levied against the Real Estate by
the City.
The foregoing provisions encumber the Real Estate described as:
LOT 2 OF THE SW 1/4 NW 1/4, SECTION 16, T88N, R2E OF THE
5TH 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.
7. It is City's current policy that Owner may elect, at the time of annexation, to
dedicate any streets on the Real Estate to City, or to maintain any streets on the Real
Estate as private streets. If Owner maintains as private streets, City will not make or
2
require improvements to bring private streets to City standards. Such policy is subject
to change and may no longer be in effect at the time of annexation.
8. Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states
that the owner of any house, building, or property used for occupancy, employment,
recreation, or other purposes situated in City and abutting on any street, alley, right or
way, or easement in which there is now located, or may in the future be located, within
two hundred feet (200') of the nearest property line thereof, a public sanitary sewer of
City, is required at the owner's expense to connect such facilities directly with the
property public sewer, in accordance with City standards. If, at the time of annexation,
the nearest property line of the Real Estate is within two hundred feet (200') of a public
sanitary sewer of City, Owner, Owner's heirs, successors and assigns, including but not
limited to the future owners of the Real Estate will be required to connect to such sewer.
City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in
effect at the time of annexation.
Executed by the respective signatories effective the date first above written.
3
CITY OF DUBUQUE, IOWA
By:
Roy D. B`oI, Mayor
ATTEST:
On thi D 'day of , 2015, before me, a Notary Public in and for said state,
personally appear —• 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.
OWNER
Mary , Igrew Gronen, +'tee
rr ri9an Truce` & Savings Bank
_,/Trustee
RISH L. GLEASON
omission Number 719986
Ayr Commission, Expires
Notary Public in the State of Iowa
My Commission expires i./3 .17
On this'1' day of , 2015, before me, a Notary Public in and for said state
personally appeared Mary Mulgrew Gronen and(kja andtILCh o ft -on behalf of American
Trust & Savings Bank, known to me to be the persion(s) named in and who executed the
foregoing instrument, and acknowledge that they executed the same as their voluntary
act and deed.
SARAH J. JECKLIN
Commission Number 178805
My Commission Expires
4
NiS ary Public in the State of Iowa
My Commission expires `ab/Le
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KIWI
u
Doc ID: 008283330003 Type' GEN
Kind: AGREEMENT
Recorded: 07/21/2015 at 02:33:16 PM
Fee Amt: $17.00 Pape 1 of 3
Dubuque County Iowa
John Murphy Recorder
File2015-00009395
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 563-589-4100
COVENANT PERTAINING TO WATER SERVICE
T IS AGREEMENT, made and entered into effective the fd ` day of
, 2015, between the City of Dubuque, Iowa (hereinafter called "City"),
aid MA:'Y (MULGREW) GRONEN AND AMERICAN TRUST & SAVINGS BANK,
TRUSTEES OF THE ROBERT J. MULGREW MARITAL TRUST UNDER ARTICLE VI
OF THE LAST WILL AND TESTAMENT OF ROBERT J. MULGREW AND THE MARY
LOU MULGREW REVOCABLE TRUST, DATED JANUARY 22, 2008 (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 THE SW 1/4 NW 1/4, SECTION 16, T88N, R2E 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
1
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,
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.
4. If Owner, Owner's heirs, successors and assigns, including but not limited to the
future owners of the Real Estate own, operate, and maintain a private well or water
system to supply water to the Real Estate, Owner's heirs, successors and assigns,
including but not limited to the future owners of the Real Estate will be allowed to keep,
maintain, and replace such well indefinitely upon annexation, if Owner, Owner's heirs,
successors and assigns, including but not limited to the future owners of the Real Estate
choose to do so.
Executed by the respective signatories effective the date first above written.
CITY OF DUB : QUE, IOWA
By:
Roy DoI, Mayor
ATTEST:
Kevin Firnstahl, Ci y Clerk
2
OWNER
MAL rc
me cs n Trust &JSavings Bank
Truste
On this 'day of j. _fry , 2015, before me, a Notary Public in and for said state,
personally appeare• Roy. D. Buol and Kevin S. Firnstahi 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.
tlift'i ! . &EASON
Commission Number 719986
My Commission Expires
13
Notary Public in the State of Iowa
My Commission expires /2 ./3. /7
On this -2 day of JJ _ , 2015, before me, a Notary Public in and for said state
personally appeared Mary Mulgrew Gronen and . t 1v2 (,a -6h f f , on behalf of
American Trust & Savings Bank known to me to tae the person(s) named in and who
executed the foregoing instrument, and acknowledge that they executed the same as
their voluntary act and deed.
SARAH J. JECKLIN
Commission Number 1788
My Commission Expires
Notary Public in the State of Iowa
3
Commission expires 4/- 3��U1
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
Dubuque
* **
All•America City
11111f
2007 • 2012 • 2013
THE CITY OF
DUB
Masterpiece on the Mississippi
August 8, 2014
Mary Gronen
1766 Plymouth Ct.
Dubuque IA 52003
RE: City Council Consideration of Pre -Annexation Agreement
Dear Mary:
The City Council will formally approve your pre -annexation agreement for property
located on White Top Road at a public meeting on Monday, July 20, 2015. 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 Planner
cc: Kevin Firnstahl, City Clerk
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