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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 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: 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 ' 1IILr 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 3 y� i E. '.LAKE EIEBt1QH---- S l - h l` v � Key West Annexation' , City Owned Parcels Completed Agreements # In-Process Agreements Not Started �`I ._7City limits i 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 I 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 https://beacotibeta.schiieidercorp.com/Application.aspx?ApplD=93&LaycrID=929&Page... 12/10/2015 Beacon - Dubuque County, IA Page 3 of'3 I Show Deed/Contract Show Deed/Contract View Map View Mao Sketches 27 i 81.OMTLIPOLE E5 (N051 Skeeh by wva.eanuvuioh um I 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 https://beaconbeta.schncidereorp.coni/Apl)licatioti,aspx?Appl D=93&LayerI D=929&Page... 12/10/2015 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 I N t Show Deed/Contract I Show Deed/Contract View Map View Ma littps://beawnbeta.sebneidercorp.com/Application.asps?ApplD=93R LayerlD=929SPage... 12/10/2015 I Beacon - Dubuque County, 1A Page 3 of 3 i S BR1111e 1ED ekehe by amv.CamavieNn.eem 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 i i i i i 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. 8 6® 1512351004 -352008 7 RIDGE :2 1502352W :OCK PASJON w � \isssos /512.35./0/5. y.� \ r ^ 1512352613 f .,.� m 14 1512350064 dy » TWIN RIDGES E 1513104004 85060 y m91 NW114 SW114& ,/11114 SEC, 1 .2-88N-? aQ 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 1512352004 et e!e,.s,„ / 1512352008 `..b .2 /1 - Y/ / 22651 3°36/ / 1542351012 ;51452010 ,,‘,` 1 7 . / RIDGEN B. # 5, SUB. Of LOT A a ,00.1 I 451235 1 Oil.? 3 17 111 151235201d 181 MK MsON tia _zoo la 1512.152003 11 1512352014 U3'Z' 1502351014 1 e 53 'fa 1004313 DO 151Zik.1616 47- 163 15/231ZZ7 151251016 ffi 1513104002 28413 5540 1212300004 210163: 1,512351Z75:. f.60.35,0660 1512357037 4ph au 50sm 70eZ. TWIN RIDGE SUB. # 5 f?. 1513;04004 1512351015 4512:35108., waq SUB. OF LOTSI OWN SW114 & 1 00yV114 SW -U4 SEC. 12 -88N -2E 150 00 /,51232eo5,,01 1512212.50.7Z84 1512451(48 01 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'