Pre-Annexation Agreement - City of Dubuque/Twin Ridge Subdivision Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Pre-Annexation Agreement- City of Dubuque
SUMMARY: City Manager recommending approval of pre-annexation
agreements and covenants for the City-owned well and
lagoon parcels in the Twin Ridge Subdivision in Key West.
RESOLUTION Approving a Pre-Annexation Agreement by
the City of Dubuque, Iowa (Lot 2, Lot B)
RESOLUTION Approving a Pre-Annexation Agreement by
the City of Dubuque, Iowa (Lot 18)
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Twin Ridge Pre-Annexation Agreements-MVM Memo City Manager Memo
Planning Staff Memo Staff Memo
Legal staff memo Supporting Documentation
Pre-Annexation Agreement Supporting Documentation
Pre-Annexation Agreement Supporting Documentation
Resolution Resolutions
Resolution Resolutions
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Twin Ridge Pre-Annexation Agreements — City of Dubuque
DATE: December 14, 2015
Planning Services Manager Laura Carstens and Assistant City Attorney Maureen
Quann recommend City Council approval of pre-annexation agreements and covenants
for the City-owned well and lagoon parcels in the Twin Ridge Subdivision in Key West.
The City recently purchased the assets of the Twin Ridge Water, Inc. water and sewer
system in Key West, and as part of that transaction, the City acquired two parcels of
land where the lagoon and wells are located.
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
Dubuque
THE CITTYTIOFR II�
D V L E a-Rmetica
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Masterpiece on the Mississippi ,um.z02 zo,
MEMORANDUM
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services ManagerAci
SUBJECT: Twin Ridge Pre-Annexation Agreements —City of Dubuque
DATE: December 15, 2015
INTRODUCTION
This memorandum transmits for City Council review and approval pre-annexation
agreements and covenants for the City-owned well and lagoon parcels in the Twin
Ridge Subdivision in Key West. The City recently purchased the assets of the Twin
Ridge Water, Inc. water and sewer system in Key West, and as part of that transaction,
the City acquired two parcels of land where the lagoon and wells are located. The
agreement, resolution and related materials are attached.
DISCUSSION
The subject property is located within two miles of the City of Dubuque corporate limits.
There is no plan to annex the property at this time. By executing the pre-annexation
agreements and covenants for these parcels, while they are City-owned, it will insure
the properties are someday annexed.
The enclosed memorandum from Assistant City Attorney Maureen Quann provides
additional information.
RECOMMENDATION
I recommend the City Council approve the pre-annexation agreements in accordance
with the Fringe Area Development Standards and authorize the Mayor to sign these
agreements on behalf of the City of Dubuque.
Thank you.
Enclosures
cc: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Maureen Quann, Assistant City Attorney
THE crrr or
DUB E MEMORANDUM
Masterpiece on the Mississippi /n
M A U R E E N A. Q U A N N, ESQ,ASSISTANT CITY ATTORNEYTo: Michael C. Van Milligen
City Manager
DATE: December 10, 2015
RE: Twin Ridge: Pre-Annexation Documents for Lagoon and Well Parcels
INTRODUCTION
This memorandum proposes for City Council consideration pre-annexation agreements
and covenants for the City-owned well and lagoon parcels in the Twin Ridge subdivision
In Key West.
BACKGROUND
On November 16, 2015, the City purchased the assets of the Twin Ridge Water, Inc.
water and sewer system in Key West. As part of that transaction, the City acquired two
(2) parcels of land:
1. Lagoon: Property Identification Number 1512351019, legally described as:
That part of Lot 2 of Lot 1 of the South West '/ of the South West '/,
Section 12, Township 88 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa, according to the recorded Plat thereof, as described in
Warranty Deed, Instrument#4273-72;
and
Lot B of TWIN RIDGE SUBDIVISION NO, 5, Dubuque County, Iowa,
according to the recorded Plat thereof.
consisting of 13.96 acres or 608,098 square feet and shown as the large rectangular
green parcel in the lower right corner of the attached map; and
2. Well: Property Identification Number 1511428006, legally described as:
i
That part of Lot 18 in 'Twin Ridge" Subdivision, in Table Mound Township,
Dubuque County, Iowa, according to the Plat thereof in Book of Plats#34,
page 93, as described in Warranty Deed, Instrument #748-72 and
Correction Warranty Deed, Instrument #4272-72, records of Dubuque
County, Iowa.
consisting of 0.02 acres or 1,050 square feet and shown as the small rectangular parcel
in the upper left part of the Twin Ridge subdivision on the attached map. Although City
owned, this small parcel was carved out of a lot in Twin Ridge and houses a well within
the water system. The City is obligated via a property restriction and the asset
purchase agreement to remove the well and deed this small parcel back to the current
property owner of the parcel from which It was carved out once the City no longer uses
the well for the water system.
DISCUSSION
Executing pre-annexation agreements and covenants for these parcels while they are
City-owned will ensure a commitment to someday annex regardless of whether the City
still owns these parcels at the time of annexation.
The pre-annexation documents will be recorded, appear on the property abstracts, and
run with the land. These documents may be seen as a deterrent by some potential
property buyers and by the person to whom the well parcel will someday be deeded to
by the City. While the documents do commit the parcels to eventual annexation and
City water and sewer upon annexation, the documents also provide future property
owners with a ten (10)year property tax transition schedule upon annexation.
Execution of these documents will also allow the City to secure 13.98 acres of property
that may be used in an eighty-twenty (80/20)annexation at some future date, should the
City choose to do so.
Attached are a map of the Twin Ridge subdivision with these parcels marked in green,
the Beacon property summaries for these properties, and pre-annexation agreements
and covenants for the parcels for your review.
RECOMMENDATION
I recommend that the Planning Services Department place these pre-annexation
documents on the City Council agenda for consideration, execution, and approval,
securing pre-annexation commitments for these two parcels totaling 13.98 acres in the
Twin Ridge area of Key West.
MAQ:Jmg
Attachments
cc: Laura Carstens, City Planner
2
Kyle Kritz, Associate Planner
Nikki Breitsprecker, GIS Coordinator
Ose Akinlotan, Planning Technician
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Key West Annexation' ,
City Owned Parcels
Completed Agreements #
In-Process Agreements
Not Started
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Beacon - Dubuque County, IA Page I oI'3
Beacon Dubuque County, IA V,600N
Summary
Parcel ID 1512351019
Alternate ID
Property Address TIMOTHY ST
DUBUQUE IA 52003
Sec/Twp/Rng 12-T88N-R2E
Brief LOT B TWIN RIDGE SUB NO.5;PART LOT 2-1 SIN -
Tax Description SW-SEC 12 T88N R2E;
(Note:Not to be used on legal documents)
Deed Book/Page 2015-14709(11/18/2015)
Contract
Book/Page
Gross Acres 0.00
Net Acres 0.00
Class C-COMMERCIAL
(Note:This is for tax purposes only.Not to be used for
zoning.)
District TSLDC-TABLE MOUND TWP/DBQ COMM SCH
School District DUBUQUE COMM.SCHOOL DIST
Owners
Deed Holder Contract Holder Mailing Address
Dubuque,City Of Dubuque,City Of
SOW 13th St 50 W 13th St
Dubuque IA52001 DubuquelAS2001
Land
Lot Area 13.96 Acres;608,098 SF
Commercial Buildings
Building 1: Metal Warehouse-Pole Frame.MetaV Frame(4 50'Wide),I Story,Built-1990,1485 SF,Bsmt-0SR
HVAC-No HVAC,Roof-Metal/Frame(<SO'Wide),Condition-Normal
Building Extras: NS-Door,Sliding,6 Ft Wide.12 Ft High,1990,Qty2
Yard Extras
RI-(1)Lagoon-Earthen 12,500 C.V.,012,500,0 Small,Built 1990
M2-(1)Lagoon-Earthen 25,000 C.Y.,0 25,000,0 Small,Built 1990
Sales
Multi
Date Seller Buyer Recording NUTC Type Parcel Amount
11/16/2015 MUELLER,RAYMOND DUBUQUE, 15.14709 Saleto/by Deed $250,000.00
M&GRACEMRVFAM CITY OF Government/Exempt
TR AMERICAN TR& Organization
SAVTR
ht tps://beaconbetascline idereorp.conn/Appl ication.asps?App/D=93&Laye rl D=92 9&Page... 12/10/2015
Beacon -Dubuque County, lA Page 2 of 3
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Includes sales onorafter 1/1/2003
Valuation
2015 2014 2013
Classification Commercial Commercial Commercial
+ Assessed Land Value $53,480 $53,480 $40,490
+ Assessed BulldingValue $4,050 $4,050 $6,384
+ Assessed Dwelling Value $0 $0 $0
Gross Assessed Value $57,530 $57,530 $46,874
Exempt Value $0 $0 $0
= Net Assessed Value $57,530 $57,530 $46,874
Taxation
2014 2013
+ Taxable Land Value $48.132 $38,466
+ Taxable Building Value $3,645 $6,065
+ Taxable Dwelling Value $0 $0
Gross Taxable Value $51,777 $44,531
Military Credit $0 $0
Net Taxable Value $51,777 $44,531
x Levy Rate(per$1000 of value) 26.23851 26.18297
Gross Taxes Due _ $1,35855 $1,165.95
Ag Land Credit $0.00 $0.00
Family Farm Credit $0.00 $0.00
Homestead Credit $0.00 $0.00
I
Disabled and Senior Citizens Credit $0.00 $0.00
Business Property Credit ($517.25) $0.00
NetTaxes Due $842.00 $1,166.00
I
Pay Property Taxes j
Click here to enter the County Treasurer's web site
I
Tax History
Year Due Date Amount Paid Date Paid Receipt
2014 March 2016 $421 Yes 11/18/2015 261252
September2015 $421 Yes 9/16/2015
2013 March 2015 $583 Yes 3/17/2015 220536
September 2014 $583 Yes 9/17/2014
Photos
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Beacon - Dubuque County, IA Page 3 of'3
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Show Deed/Contract
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View Map
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Sketches
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No data available for the following modules:Residential Dwellings,Agricultural Buildings,County Treasurer Notes.Tax Sale
Certificates.
The information in this web site represents current data from a working file which is updated regularly.Information Is
believed reliable.but its accuracy cannot be guaranteed.No warranty,expressed or implied,is provided for the data herein
or its use.
Last Data Upload:12/10/2015 6:26:01 AM
44 Developed by
ScMWld The Schvider Corporation
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BCBCOa - Dubuque('011110, IA Page I o1'3
,qui WhBeacon Dubuque County, IA --- Wctl.
Summary
Parcel ID 1511428006
Alternate ID c
Property Address KEYWESTDR x
DUBUQUE IA 52003
Sec(rwp/Rng NIA •I'F'
Brief PTLOT18TWIN RIDGESUB
Tax Description
(Note:Not to be used on legal documents) FF •- . r - -
DeedBooWPage 2015-14708(11/18/2015)
Contract
Book/Page l •-
Gross Acres 0.00
Net Acres 0.00
Class C•COMMERCIAL
(Note:This is for tax purposes only.Not to be used
for zoning,)
District TBLDC-TABLE MOUND TWP/DBQ COMM SCH
School District DUBUQUE COMM.SCHOOL DIST
Owners
Deed Holder Contract Holder Mailing Address
Dubuque,City Of Dubuque,City Of
50 W 13th St SOW 13th St
Dubuque IA 52001 Dubuque IA 52001
Land
Lot Area 0,02 Acres;1.050 SF;
Yard Extras
RI•(1)BRK SHED Quantity=144.00,Units=Square Feet,Height=0,Built 1980
Valuation
2015 2014 2013
Classification Commercial Commercial Commercial
+ Assessed Land Value $530 $530 $2,540
+ Assessed Building Value $1,150 $1,150 $968
+ Assessed Dwelling Value $0 $0 $0
= Gross Assessed Value $1,680 $1,680 $3,508
• Exempt Value $0 $0 $0
Net Assessed Value $1,680 $1,680 $3,508
Taxation
2014 2013
littps://beaconbeta.schneiclercorp.conl/Application.asps?Appl D=93&LayerID=929&Page... 12/10/2015
Beacon - Dubuque County, IA Page 2 ol'3
2014 2013
+ Taxable Land Value $477 $2,413
+ Taxable Building Value $1,035 $920
+ Taxable Uvelling Value $0 $0
= Gross Taxable Value $1,512 $3,333
Military Credit $0 $0
= Net Taxable Value $1,512 $3,333
x Levy Rate(per$1000 of value) 26.23851 26.18297
= Gross Taxes Due $39.67 $87.27
AS Land Credit $0.00 $0.00
Family Farm Credit $0.00 $0.00
Homestead Credit $0.00 $0.00
Disabled and Senior Citizens Credit $0.00 $0.00
Business Property Credit ($15.10) ($37.29)
Net Taxes Due $24.00 $50.00
Pay Property Taxes
Click here to enter the County Treasurer's web site
Tax History
Year Due Date Amount Paid Date Paid Receipt
2014 March 2016 $12 Yes 11/18/2015 300899
September2015 $12 Yes 9/16/2015
2013 March 2015 $25 Yes 3/17/2015 209925 li
September 2014 $25 Yes 9/17/2014
Photos
.T
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Show Deed/Contract
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Show Deed/Contract
View Map
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Beacon - Dubuque County, 1A Page 3 of 3
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No data available for the following modules:Residential Dwellings,Commercial Buildings,Agricultural Buildings,Sales,County
Treasurer Notes,Tax Sale Certificates.
The information in this web site represents current data from a working file which is updated regularly.Information is
believed reliable,but its accuracy cannot be guaranteed.No warranty,expressed or implied,is provided for the data herein '...
or its use.
Last Data Upload:12/10/2015 6:26:01 AM
Sc fDevelopedby
or The Schneider Corporation
I
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i
https://beaconbeta.schneidereorp.can/Application.asps?App1D=93&Layer1D=929&Page... 12/10/2015
IIIA V011111111 I 101 1 I II ID 11 111 ID II 11
Doc ID 008368880017 Type GEN
Kind: AGREEMENT
Recorded: 12/30/2015 at 12:43:45 PM
Fee Amt: $87.00 Page 1 of 17
Dubuque County Iowa
John Murphy Recorder
F11e2015-00016445
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, 563-589-4120
PRE -ANNEXATION AGREEMENT
BY
THE CITY OF DUBUQUE, IOWA
This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes
th day of , 20 , is made and entered into by and between the
City of Dubuque, Iowa ("City").
Whereas, City is the legal owner of real estate legally described as:
That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4,
Section 12, Township 88 North, Range 2 East of the 5th P.M.,
Dubuque County, Iowa, according to the recorded Plat thereof, as
described in Warranty Deed, Instrument #4273-72.
and
Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa,
according to the recorded Plat thereof.
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
Whereas, Owner desires to have the Real Estate annexed by City upon certain
terms and conditions as hereinafter set forth; and
01170
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 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.
SE TION 2. TERM. ,The term of this Agreement is from the oWday of
20/...until the annexation of the Real Estate to City is final.
SECTION 3. PETITION FOR ANNEXATION. City, 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, City 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%).
2
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, City, City'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 City, City'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, City 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 City,
the City'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 �f City providing water service to all or any
part of the Real Estate, following annexation of the Real Estate to City.
6.3 If City obtains City water services prior to annexation and executes this
Agreement, City will pay the regular City water rate paid by all other City residents for
such services.
6.4 If City, City'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, City, City'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 City, City's heirs,
successors and assigns, including but not limited to the future owners of the Real Estate
choose to do so. However, such a pre-existing well will be allowed for non -potable
water only. Potable water will be provided by City water services.
SECTION 7. OTHER CITY SERVICES.
7.1 Upon annexation, City, City'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, City agrees that by execution of this
Agreement, City, City'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
3
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 City, City's heirs, successors and assigns, including
but not limited to future owners of the Real Estate 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 maintained as private streets, City will not make or
require improvements to bring private streets to City standards. If owner at the time of
annexation wishes to dedicate streets to the City, streets must be brought to City
standards at owner at the time of annexation's expense. 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, City'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 City, its heirs, successors and assigns, including but not limited to the
future owners of the Real Estate, 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 current owner at the time of the
Event of Default ("Current Owner"), 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 current 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 Current Owner, deemed
adequate by City, that current owner will cure its default and continue its
performance under this Agreement;
(2) City may cancel and rescind this Agreement;
(3) Current 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
Current 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:
City of Dubuque
City Clerk
50 West 13th 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:
Roy D. BI, Mayor
ATTEST:
On this ou day of - .P , 20 16, 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 person(s) named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
PAMELA J. McCARFFON
Commission Num er 772419
My Comm. Exp. -- j. -2t i
6
Notary Public irytIye State of Iowa
My Commission expires 02/267
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12, Township 88
North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded Plat
thereof, as described in Warranty Deed, Instrument #4273-72.
and
Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, according to the recorded
Plat thereof.
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I_em_ mapse_ for assessment and tax information purposes _acounty recor s All map information shown efor the forgoing purpose and does m represent asurvey ,m,
DATE FILED
EXHIBIT B
PETITION FOR ANNEXATION
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioners Respectfully State 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 us 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 , 20 .
Telephone: Telephone:
Subscribed and sworn before me this day of , 20 .
Notary Public
ATTACHMENTS:
EXHIBIT B-1: Legal Description and Map of Area to be Annexed
EXHIBIT B-2: Pre -Annexation Agreement
10
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
11
That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12, Township 88
North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded Plat
thereof, as described in Warranty Deed, Instrument #4273-72.
and
Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, according to the recorded
Plat thereof.
12
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Notice -These maps are compiled for assessment 1120 50)1 information purposes from official county records. All map information Shown is for the forgoing purpose and does not represent a survey of land.
EXHIBIT B
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. 434-15
APPROVING A PRE -ANNEXATION AGREEMENT BY THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, the owner of the following described property in
Dubuque County, Iowa (the Property) has submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
That part of Lot 2 of Lot 1 of the South West % of the South West'/, Section 12,
Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa,
according to the recorded Plat thereof, as described in Warranty Deed,
Instrument #4273-72; and
Lot B of Twin Ridge Subdivision No. 5, Dubuque County, Iowa, according to the
recorded Plat thereof.
Whereas, Whereas the City of Dubuque has entered into a Pre -annexation
Agreement, 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 the City of Dubuque is hereby
approved.
Passed, approved and adopted this 21st day of December, 2015.
ATTEST:
By:
Kevin S. irnstahl, cit jerk
By:
Roy OrBuol, Mayor
f:\users\mrettenb\wp\council\resolutions\2015\city of dubuque pre -annexation agreement res 1:doc
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 434-15 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 30th day of December, 2015.
Kevi S. Firnstahl, CF\4 City Clerk
11111011011 11 11111i
11
mi
Doc ID 008368890003 Type GEN
Kind MISCELLANEOUS
Recorded: 12/30/2015 at 12:44:00 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
F11e2015-00016446
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, 563-589-4120
COVENANT PERTAINING TO WATER SERVICE
T S GREEMEN made and entered into effective th ' day of
./7j1 , 20 , between the City of Dubuque, Iowa (hereinafter called
ity"), its heirs, successors and assigns,
WITNESSES:
WHEREAS, the aforesaid Owner owns an area of land described as follows ("the
Real Estate"):
That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12,
Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa,
according to the recorded Plat thereof, as described in Warranty Deed,
Instrument #4273-72.
and
Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, according to
the recorded Plat thereof.
WHEREAS, City provides water and sanitary sewer services to the Real Estate;
and,
WHEREAS, said land is within two (2) miles of the City.
NOW, THEREFORE, the parties hereto agree that:
1. If the City, the present Owner of the Real Estate legally described above, its
heirs, successors and assigns, including but not limited to, the future owners of the Real
Estate, disconnects from City water and sewer services and obtains such services from
a rural water provider prior to annexation of the Real Estate, the City, its heirs,
successors, and assigns, including but not limited to future owners of the Real Estate
shall be and are hereby fully bound, jointly and severally, to pay to the City the sum of
/700
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,
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.
4. If City, its 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 at the time of annexation, City, its 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 City, its 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 DU„UQUE, IOWA
By:
ATTEST:
Buol, Mayor
Kevi : S. Firnstahl; Ci ` Clerk
2
On this oe day of Oettrjo.4h , 20 /5, 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 person(s) named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
PAMELA J. McCARRON
Commission Nu ber77241
My Comm. Exp. Ll -5-2011
3
Notary Publicirk t/ e State of Iowa
iY
iY
IIllJJ 11 II III III I111111111111111 IIll 1111
hili
Doc ID 008368900004 Type GEN
Kind MISCELLANEOUS
Recorded: 12/30/2015 at 12:44:14 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
Fi1e2016_00016447
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 563-589-4120
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
TH COVE ANT AND AGREEMENT, made and entered into effective th,
day of , 20,2 by the City of Dubuque, Iowa (hereinafter called
"City"), its heirs, successors and assigns.
WITNESSES:
WHEREAS, the aforesaid City owns an area of land described as follows ("the
Real Estate"):
That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12,
Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa,
according to the recorded Plat thereof, as described in Warranty Deed,
Instrument #4273-72.
and
Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, according to
the recorded Plat thereof.
WHEREAS, said land is within two (2) miles of the City; and,
NOW, THEREFORE, the City agrees that:
1. In anticipation of the possibility upon or after annexation 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 City does hereby covenants and agrees that by
execution of this instrument City, its heirs, successors and assigns, including future
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
06
C.C.
the governing body for the City, after notice of hearing as provided by Iowa Code
Section 384.50, the provisions of Iowa Code Section 384.38 notwithstanding.
2. 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
of necessity to assess public improvement costs to the Real Estate, the owners of the
Real Estate at that time may then appear before the governing body of the City and be
heard.
3. Additionally, City, its heirs, successors and assigns, including future 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, test the regularity of the proceedings or legality of the assessment
procedure, appeal the amount of the assessment, 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:
That part of Lot 2 of Lot 1 of the South West 1/4 of the South West '1/4, Section 12,
Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa,
according to the recorded Plat thereof, as described in Warranty Deed,
Instrument #4273-72.
and
Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, according to
the recorded Plat thereof.
4. 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.
5. 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.
6. It is City's current policy that owner of the Real Estate at the time of annexation
("Current 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
Current Owner maintains as private streets, City will not make or require improvements
2
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. 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 !' Buol, Mayor
ATTEST:
S. Firnstahl, Cit
On this day of ,►,��,/� , 20 15, 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 person(s) named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
PAMELA J. McCARROp
Commission N! ber772419C!
My Comm. Exp.—� _ z_t0
4
QR,A, 7fie(M447/0
Notary Public in 1 State of Iowa
My Commission expires 17' S"20
IIII HII 11 IN III HHhI 11 II 1111 IIl DI
Doc ID 008366770017 Type' GEN
Kind AGREEMENT
Recorded: 12/23/2015 at 03:41:07 PM
Fee Amt: $87.00 Page 1 of 17
Dubuque County Iowa
John Murphy Recorder
Fi1e2015-00016254
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, 563-589-4120
PRE -ANNEXATION AGREEMENT
BY
THE CITY OF DUBUQUE, IOWA
This Pre -A > exation Agreement (the "Agreement"), dated for reference purposes
th day of , 20 , is made and entered into by and between the
City of Dubuque, Iowa (" ity").
Whereas, City is the legal owner of real estate legally described as:
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township,
Dubuque County, Iowa, according to the Plat thereof in Book of Plats #34, page
93, as described in Warranty Deed, Instrument #748-72 and Correction Warranty
Deed, Instrument #4272-72, records of Dubuque County, Iowa.
and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real
Estate"); and
Whereas, as of the date of this Agreement, the Real Estate is not contiguous to
the corporate city limits of the city of Dubuque, but is located within two (2) miles of the
corporate limits of the city of Dubuque and constitutes territory which may be annexed
by City as provided in Iowa Code Chapter 368; and
Whereas, Owner desires to have the Real Estate annexed by City upon certain
terms and conditions as hereinafter set forth; and
Whereas, notice of the proposed annexation shall be given to the parties legally
required to be notified pursuant to Chapter 368 of the Iowa Code at the time the Real
Estate becomes contiguous to City; and
Whereas, the City Council, after due and careful consideration, has concluded
that the annexation of the Real Estate by City on the terms and conditions hereinafter
set forth would further the growth of City, would 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
, 20 until the annexation of the Real Estate to City is final.
SECTION 3. PETITION FOR ANNEXATION. City, 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, City hereby
waives the right to withdraw or rescind the Petition and hereby waives the right to
withdraw its consent to the Petition and waives its right to object to annexation.
SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees
that the resolution approving the annexation application shall provide for the transition
for the imposition of City taxes against the Real Estate. The Real Estate shall be
entitled to the following partial exemption from taxation for City taxes for a period of ten
(10) years following the final order of the City Development Board, if such annexation
requires approval by the City Development Board, after the exhaustion of any and all
appeals from the action of the Board by any person or the expiration of the time within
which such appeals may be brought, approving the voluntary annexation of the property
shown on Exhibit A:
1. For the first and second year, seventy-five percent (75%).
2. For the third and fourth year, sixty percent (60%).
3. For the fifth and sixth year, forty-five percent (45%).
4. For the seventh and eighth year, thirty percent (30%).
5. For the ninth and tenth year, fifteen percent (15%).
2
SECTION 6. CITY WATER SERVICES.
6.1 Upon annexation, City, City'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 City, City'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, City 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 City,
the City'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 City obtains City water services prior to annexation and executes this
Agreement, City will pay the regular City water rate paid by all other City residents for
such services.
6.4 If City, City'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, City, City'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 City, City's heirs,
successors and assigns, including but not limited to the future owners of the Real Estate
choose to do so. However, such a pre-existing well will be allowed for non -potable
water only. Potable water will be provided by City water services.
SECTION 7. OTHER CITY SERVICES.
7.1 Upon annexation, City, City'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, City agrees that by execution of this
Agreement, City, City'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.
3
7.2 It is City's current policy that City, City's heirs, successors and assigns, including
but not limited to future owners of the Real Estate 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 maintained as private streets, City will not make or
require improvements to bring private streets to City standards. If owner at the time of
annexation wishes to dedicate streets to the City, streets must be brought to City
standards at owner at the time of annexation's expense. 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, City'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 City, its heirs, successors and assigns, including but not limited to the
future owners of the Real Estate, 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 current owner at the time of the
Event of Default ("Current Owner"), 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 current 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 Current Owner, deemed
4
adequate by City, that current owner will cure its default and continue its
performance under this Agreement;
(2) City may cancel and rescind this Agreement;
(3) Current 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
Current 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:
City of Dubuque
City Clerk
50 West 1 3th 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.
CITY OF DUBUQUE, IOWA
By:
ATTEST:
100,12."'
, —
Kevin Firnstahl, City irk
On this day of tit/1W , 20 , 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 person(s) named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
PAMELA J. McCARRON
Commission Number 772419
My Comm. Exp.
6
aida 11? it 4 4 0 t
Notary Public the State of Iowa
My Commission expires 17/0 /Pio
f ft,)
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township, Dubuque County,
Iowa, according to the Plat thereof in Book of Plats #34, page 93, as described in Warranty
Deed, Instrument #748-72 and Correction Warranty Deed, Instrument #4272-72, records of
Dubuque County, Iowa.
8
Notice—These maps are compiled for assessment and tax information purposes from official county records. All map information shown Is frit the forgoing purpose and does not represent a survey of land..
DATE FILED
EXHIBIT B
PETITION FOR ANNEXATION
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioners Respectfully State 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 us 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 , 20 .
Telephone: Telephone:
Subscribed and sworn before me this day of , 20 .
Notary Public
ATTACHMENTS:
EXHIBIT B-1: Legal Description and Map of Area to be Annexed
EXHIBIT B-2: Pre -Annexation Agreement
10
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
11
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township, Dubuque County,
Iowa, according to the Plat thereof in Book of Plats #34, page 93, as described in Warranty
Deed, Instrument #748-72 and Correction Warranty Deed, Instrument #4272-72, records of
Dubuque County, Iowa.
12
Notice -These maps are compiled for assessment and lax information purposes from official county records, All map informallon shown Is for the forgoing purpose and does not represent a survey of land.
13
EXHIBIT B
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. 435-15
APPROVING A PRE -ANNEXATION AGREEMENT BY THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, the owner of the following described property in
Dubuque County, Iowa (the Property) has submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township,
Dubuque County, Iowa, according to the Plat thereof in Book of Plats #34, page
93, as described in Warranty Deed, Instrument #748-72 and Correction Warranty
Deed, Instrument #4272-72, records of Dubuque County, Iowa.
Whereas, Whereas the City of Dubuque has entered into a Pre -annexation
Agreement, 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 the City of Dubuque is hereby
approved.
Passed, approved and adopted this 21st day of December, 201
By:
ATTEST:
By:
Kevin Firnstahl, Cit Clerk
Roy Duol, Mayor
f:\users\mrettenb\wp\council\resolutions\2015\city of dubuque pre -annexation agreement res 2.doc
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. 435-15 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 22nd day of December, 2015.
'Ar
Kevi(t S. Firnstahl, C , City Clerk
11111i111111u11111uiu11Ni1111wadi111wroi111iw
Doc ID 008366780002 Type GEN
Kind MISCELLANEOUS
Recorded: 12/23/2015 at 03:41:34 PM
Fee Amt: $12.00 Page 1 of 2
Dubuque County Iowa
John Murphy Recorder i
Fi1e2015-00016255
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, 563-589-4120
COVENANT PERTAINING TO WATER SERVICE
THIS AGREEMEN, made and entered into effective the day of
, 20, , between the City of Dubuque, Iowa (hereinafter called
"City"), its heirs, successors and assigns,
WITNESSES:
WHEREAS, the aforesaid Owner owns an area of land described as follows ("the
Real Estate"):
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township,
Dubuque County, Iowa, according to the Plat thereof in Book of Plats #34, page
93, as described in Warranty Deed, Instrument #748-72 and Correction Warranty
Deed, Instrument #4272-72, records of Dubuque County, Iowa.
and,
WHEREAS, City provides water and sanitary sewer services to the Real Estate;
WHEREAS, said land is within two (2) miles of the City.
NOW, THEREFORE, the parties hereto agree that:
1. If the City, the present Owner of the Real Estate legally described above, its
heirs, successors and assigns, including but not limited to, the future owners of the Real
Estate, disconnects from City water and sewer services and obtains such services from
a rural water provider prior to annexation of the Real Estate, the City, its heirs,
successors, and assigns, including but not limited to 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
010,00C2,44
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.
4. If City, its 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 at the time of annexation, City, its 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 City, its 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 I/: uol, Mayor
ATTEST:
Kevin S. Firnstahl, City Jerk
On this day of we 'i, , 2016
, 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 person(s) named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act gnd)deed.
PAMELA J. McCAFIF1ON
Commission Number 772419
My Comm. Exp. LJ. -20/$
2
e State of Iowa
1111111 110111 11111111111111111111 11111111
Doc ID: 008366790004 Type GEN
Kind: MISCELLANEOUS
Recorded: 12/23/2015 at 03:41:50 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2015-00016256
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 563-589-4120
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
THI COVENANT AND A9EEMENT, made and entered into effective th
day of #0/17W4,-, 20/9, by the City of Dubuque, Iowa (hereinafter called
"City"), its heirs, successors and assigns.
WITNESSES:
WHEREAS, the aforesaid City owns an area of land described as follows ("the
Real Estate"):
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township,
Dubuque County, Iowa, according to the Plat thereof in Book of Plats #34, page
93, as described in Warranty Deed, Instrument #748-72 and Correction Warranty
Deed, Instrument #4272-72, records of Dubuque County, Iowa.
WHEREAS, said land is within two (2) miles of the City; and,
NOW, THEREFORE, the City agrees that:
1. In anticipation of the possibility upon or after annexation 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 City does hereby covenants and agrees that by
execution of this instrument City, its heirs, successors and assigns, including future
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 Iowa Code
Section 384.50, the provisions of Iowa Code Section 384.38 notwithstanding.
2. 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
lada;
of necessity to assess public improvement costs to the Real Estate, the owners of the
Real Estate .at that time may then appear before the governing body of the City and be
heard.
3. Additionally, City, its heirs, successors and assigns, including future 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, test the regularity of the proceedings or legality of the assessment
procedure, appeal the amount of the assessment, 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:
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township,
Dubuque County, Iowa, according to the Plat thereof in Book of Plats #34, page
93, as described in Warranty Deed, Instrument #748-72 and Correction Warranty
Deed, Instrument #4272-72, records of Dubuque County, Iowa.
4. 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,
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 and filed as provided by law. The City shall have the right to file a claim to
continue its interest in these covenants.
5. 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.
6. It is City's current policy that owner of the Real Estate at the time of annexation
("Current 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
Current 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. 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
2
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. Bl ol, Mayor
ATTEST:
Kevin ` . Firnstahl, City Clerk
On this ) day of " ' i , 20 13, 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 person(s) named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
PAMELA J. d cC.AFIFION
Commission v'7 72419
My M Comm. Exp. /f
4
(i)7_41'",
Notary Public ip e State of Iowa
My Commission expires Z12i'