Pre-Annexation Agreement_Dubuque Hardwoods/SITCO, Copyright 2014
City of Dubuque Consent Items # 21.
ITEM TITLE: Pre-Annexation Agreement- Dubuque Hardwoods/SITCO,
Inc.
SUMMARY: City Manager recommending approval of a Pre-Annexation
Agreement with Dubuque Hardwoods, Inc. and SITCO,
Inc., property owners, in conjunction with a request for
approval of the Plat of Survey for property located adjacent
to the City of Dubuque corporate limits.
RESOLUTION Approving a Pre-Annexation Agreement
between the City of Dubuque, Iowa and Dubuque
Hardwoods, Inc. and SITCO, Inc.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Pre-Annexation Agreement- Dubuque Hardwoods Inc. City Manager Memo
and SITCO, Inc. - MVM Memo
Staff Memo Staff Memo
Agreement Supporting Documentation
Resolution Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre-Annexation Agreement — Dubuque Hardwoods, Inc. and SITCO, Inc.
DATE: April 11, 2016
Planning Services Manager Laura Carstens is requesting City Council approval of a
Pre-Annexation Agreement with Dubuque Hardwoods, Inc. and SITCO, Inc., property
owners, in conjunction with a request for approval of the Plat of Survey of Lot 1 of the
Northeast Quarter of the Southeast Quarter of Section, 8, Township 88 North, Range 2
East of the 5t" P.M. in Dubuque County, which is located adjacent to the City of
Dubuque corporate limits. As part of approving the Plat of Survey, a Pre-Annexation
Agreement must be signed as established by the City's Fringe Area Development
Standards of the Unified Development Code. There is no plan to annex the property at
this time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY
krfm
DUB OF Dubuque
E
Masterpiece on the Mississippi
2007•2012•2013
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre-annexation Agreement— Dubuque Hardwoods, Inc. and SITCO,
Inc.
DATE: April 8, 2016
INTRODUCTION
This memo transmits for City Council review and approval, a pre-annexation agreement
with Dubuque Hardwoods, Inc. and SITCO, Inc., property owners, in conjunction with
request for approval of the Plat of Survey of Lot 1 of the Northeast Quarter of the
Southeast Quarter of Section 8, Township 88 North, Range 2 East of the 5th P.M.,
Dubuque County, Iowa. The agreement, resolution, and related materials are attached.
DISCUSSION
The subject property is located adjacent to the city of Dubuque corporate limits, and as
part of approving of the Plat of survey, a pre-annexation agreement must be signed as
established by the City's Fringe Area Development Standards in Section 11-7.E of the
Unified Development Code (UDC). There is no plan to annex the property at this time.
In accordance with this requirement, Legal staff has prepared the attached pre-
annexation agreement with the standard 10-year transition of the City share of property
taxes as an incentive.
RECOMMENDATION
I recommend that the City Council approve the Dubuque Hardwoods, Inc. and SITCO,
Inc. Pre-annexation Agreement in accordance with the Fringe Area Development
Standards and authorize the Mayor to sign the agreement on behalf of the City of
Dubuque.
Attachments
cc: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St: (563)589-4210
Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210
RESOLUTION NO. 144-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND DUBUQUE HARDWOODS, INC. AND SITCO, INC.
Whereas, Dubuque Hardwoods, Inc. and SITCO, Inc., the owners of the following
described property in Dubuque County, Iowa (the Property) have submitted to the City
Council of the City of Dubuque an application for voluntary annexation of the Property to
the City of Dubuque:
Lot 2 of Stone Quarry Subdivision and Lot 1 of Gassman Quarry, Dubuque
County, Iowa
Whereas, Dubuque Hardwoods, Inc. and SITCO, Inc., have entered into a Pre-
annexation Agreement with the City of Dubuque a copy of which is attached hereto
governing the future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of
property in Dubuque County, Iowa and the extension of city limits by voluntary
annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive
Plan of the City of Dubuque, necessary for the future orderly growth and development of
the City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the
public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Dubuque Hardwoods,
Inc. and SITCO, Inc. and the City of Dubuque is hereby approved.
Passed, approved and adopted this 18th day of April, 2016.
ATTEST:
By:
Kevin Si irnstahl, City Jerk
is W
nes, Mayor Pro -Tem
IIII
1111
11
11
II III
1111111
11
Doc ID 008420450018 Type GEN
Kind: AGREEMENT
Recorded: 04/20/2016 at 04:00:06 PM
Fee Amt: $92.00 Page 1 of 18
Dubuque County Iowa
John Murphy Recorder
F11e2016-00004376
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
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE HARDWOODS, INC. AND SITCO, INC.
This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes
the/ day of , ,, ,?' , 2016, is made and entered into by and between the
City of Dubuque, Iowa ("City") and Dubuque Hardwoods, Inc. and Sitco, Inc. ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
LOT 2 OF STONE QUARRY SUBDIVISON AND LOT 1 OF GASSMAN QUARRY,
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
Oh/ 6
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 4'4, day of
, 2016 until the annexation of the Real Estate to City is final.
SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this
Agreement, will submit to the City Clerk a Petition for Annexation of the Real Estate by
City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to
the City Council for consideration at such time and under such circumstances as the
City Council deems appropriate, and comply with the requirements of Iowa Code
Chapter 368. Pursuant to Iowa Code §368.7(e), upon execution of this Agreement,
Owner hereby waives the right to withdraw or rescind the Petition and hereby waives
the right to withdraw its consent to the Petition and waives its right to object to
annexation.
SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees
that the resolution approving the annexation application shall provide for the transition
for the imposition of City taxes against the Real Estate. The Real Estate shall be
entitled to the following partial exemption from taxation for City taxes for a period of ten
(10) years following the final order of the City Development Board, if such annexation
requires approval by the City Development Board, after the exhaustion of any and all
appeals from the action of the Board by any person or the expiration of the time within
which such appeals may be brought, approving the voluntary annexation of the property
shown on Exhibit A:
1. For the first and second year, seventy-five percent (75%).
2. For the third and fourth year, sixty percent (60%).
3. For the fifth and sixth year, forty-five percent (45%).
4. For the seventh and eighth year, thirty percent (30%).
5. For the ninth and tenth year, fifteen percent (15%).
2
SECTION 6. CITY WATER SERVICES.
6.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but
not limited to, the future owners of the Real Estate will obtain City water services to the
Real Estate.
6.2 If Owner, Owner's heirs, successors and assigns, including but not limited to, the
future owners of the Real Estate, obtain water services from a rural water provider prior
to annexation, Owner must use City water services to provide water to the property
upon annexation. For provision of such future City water services to the Real Estate,
the Owner, the Owner's heirs, successors and assigns, including but not limited to, the
future owners of the Real Estate, shall be fully bound, jointly and severally, to pay City
the sum of any and all amounts City is required to pay as compensation to the rural
water service provider for losses resulting from annexation of all or any part of the Real
Estate by City and such amounts as City may be required or reasonably agrees to pay
the rural water service provider as a settlement for resolution of any claims, disputes,
objections, protests or litigation related to or arising out of City providing water service to
all or any part of the Real Estate, following annexation of the Real Estate to City.
6.3 If Owner obtains City water services prior to annexation, Owner will pay the
regular City water rate paid by all other City residents for such services.
6.4 If Owner, Owner's heirs, successors and assigns, including but not limited to the
future owners of the Real Estate own, operate, and maintain a private well or water
system to supply water to the Real Estate, Owner, Owner's heirs, successors and
assigns, including but not limited to the future owners of the Real Estate will be allowed
to keep, maintain, and replace such well or water system indefinitely upon annexation, if
Owner, Owner's heirs, successors and assigns, including but not limited to the future
owners of the Real Estate choose to do so.
SECTION 7. OTHER CITY SERVICES.
7.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but
not limited to, the future owners of the Real Estate will for provision of future
construction of street paving, curbs and guttering, storm sewers, water mains, sanitary
sewer mains, bicycle paths, and sidewalks by means of City awarded contracts to be
paid by special assessments to be levied against the Real Estate, Owner agrees that by
execution of this Agreement, Owner, Owner's heirs, successors and assigns, including
but not limited to the future owners of the Real Estate, and each of them, shall pay and
are bound to pay City, the costs of the aforesaid improvements assessed to the Real
Estate, by action of the City Council, after notice of hearing as provided by Iowa Code
Section 384.50, the provisions of Iowa Code Section 384.38 notwithstanding.
7.2 It is City's current policy that Owner may elect, at the time of annexation, to
dedicate any streets on the Real Estate to the City, or to maintain any streets on the
Real Estate as private streets. If Owner maintains as private streets, City will not make
3
or require improvements to bring private streets to City standards. If Owner wishes to
dedicate streets to the City, streets must be brought to City standards at Owner'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, Owner, Owner's heirs, successors and assigns, including but not
limited to the future owners of the Real Estate will be required to connect to such sewer.
City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in
effect at the time of annexation.
SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successors and assignees and shall
be recorded with the Real Estate and will apply to any subsequent plats and/or
subdivisions of the Real Estate.
SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is
held invalid, such invalidity shall not affect any of the other provisions contained herein.
SECTION 10. DEFAULT.
10.1 Failure by Owner to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement constitutes an Event of Default.
10.2 Whenever any Event occurs and is continuing, City may take any one or more of
the following actions after giving written notice by City to Owner of the Event of Default,
but only if the Event of Default has not been cured within sixty (60) days following such
notice, or if the Event of Default cannot be cured within sixty (60) days and Owner does
not provide assurances to City that the Event of Default will be cured as soon as
reasonably possible thereafter:
(1) City may suspend any part of or all of its performance under this
Agreement until it receives assurances from Owner, deemed adequate by
City, that Owner will cure its default and continue its performance under
this Agreement;
(2) City may cancel and rescind this Agreement;
4
(3)
Owner will reimburse City for all amounts expended by City in connection
with the Agreement, and City may take any action, including any legal
action it deems necessary, to recover such amounts from Owner;
(4) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments
due under this Agreement or to enforce performance and observance of
any obligation, agreement, or covenant under this Agreement.
SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
If to City:
If to Owner:
City of Dubuque
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
Robert D. Miller
Dubuque Hardwoods, Inc.
10492 Route 52 South #1
Dubuque, Iowa 52003
Carl M Summers
Sitco, Inc.
10492 Route 52 South #1
Dubuque, Iowa 52003
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 OWNER
By:
ATTEST:
es, Mayor Pro -Tem
Kevi S. Firnstah , Ci y Clerk
DUBUQUE HARDWOODS, INC.
By: IPI*29?
Robert D. Miller
SITCO, INC.
By:
Carl M. Summers
On this Le -day of Apr:1 , 2016, before me, a Notary Public in and for said
* state, personally appeared Rey—a—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.
* Ric W. Jones
Commission Number 719986
My Commission Expires
1
Notary Public in the State of Iowa
My Commission expires / • I • 1.)
On thisq-A day of Apr; 1 , 2016, before me, a Notary Public in and for said
state personally appeared Robert D. Miller known to me to be the person(s) named in
and who executed the foregoing instrument, and acknowledge that they executed the
as their voluntary act and deed.
',- - • .4-. '4' Ql :".,
.1 .'
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. • , 4.' . °N.
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0 ' .0,
°,, (tai '0 1 7 eV
On this qr-K, day of
state personally appe red Carl M. Summers known to me to be the person(s) named in
Notary Public in the State of Iowa
My Commission expires 01/ 7
n 1 , 2016, before me, a Notary Public in and for said
6
and who executed the foregoing instrument, and acknowledge that they executed the
same as their voluntary act and deed.
93,1911?1 ac,',ofee
7
Notary Public in the State of Iowa
My Commission expires 0 (I 1 3 /
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
LOT 2 OF STONE QUARRY SUBDIVISON AND LOT 1 OF GASSMAN QUARRY, DUBUQUE
COUNTY, IOWA
THECMOF LEGAL DESCRIPTION OF LAND TO BE ANNEXED: • .•••••. _
DuB E EXHIBIT A Lot 1 of Gassman Quarry and Lot 2 of DAG IS
Mnsterylxron u,e Ml:assy,pf Stone Quarry Subdivision,Dubuque County,Iowa
BE NE EXC LOT 1 SE NE-SEC 07 T88N R3E
10692
LOT 1 STONE QUARRY SUB
LOT
GASSMAN QUARRY
° AREA TO BE ANNEXED
PIN #'s 1607426001 & 1608151001
7721
LOT 3 STONE QUARRY SUB
1l / LOT 2-2-1
SW-SEC 08
l T88N R3E 7917
7967
® ,
LOT 1 NE SE-SEC 07 TB8N'R3E
OLDE MASSEY RD
10273
LOT 1 NW SE-SEC 07
T88N R3E 7972
LOT 2-1- 7721
SW-SEC 08
T88N R3E
10211
mei H' we,amec emeev„e e.mucin ar 'V Map PFepapatl by:
1 inch = 300 feet C4 of Dubuque
Enineer"°'N°`°°"`°°'F°•=”" 370 155 0 310 Feet WE ® AREA TO BE ANNEXED 50%Mml 13hng Sheol
`n�:uirww`ro a"« �i:i zu`M`ar. 50 Dubuque,
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a Street
Dubuque lows 52001
u«a'a. Hca Phone:(563)5844270
.s,,,,,.,,a,..n. ,.,°°r.3°°,° °r "°°`�,• S Fax:(563)5894205
10
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 States Under Oath:
1. That the Petitioners are the sole owners of record of the following legally described land
hereinafter to as the "Real Estate". See attached Exhibit A: Legal Description and Plat of
Annexation. The Real Estate is further identified as parcel number
2. The Real Estate is not situated within the limits of any municipality, but is contiguous to the
City of Dubuque, Iowa. See attached Exhibit A: Legal Description and Plat of Annexation.
The Petitioners Respectfully Request:
1. That the above-described Real Estate be annexed to the City of Dubuque by resolution of the
Mayor and City Council of the City of Dubuque, Iowa, pursuant to Chapter 368 of the Code of
Iowa.
2. That such other action may be taken as is appropriate in the premises.
We, the Petitioners, hereby state that the preceding statements and all statements made in
supplementary material, and all attached documents submitted by me are true and correct.
We, the Petitioners, hereby acknowledge that pursuant to Iowa Code § 368.7(e), and upon
execution of the attached Pre -Annexation Agreement, Petitioners hereby waive the right to
withdraw or rescind this Petition and hereby waive the right to withdraw consent to this Petition
and waive the right to object to annexation.
Signed on this day of , 2016.
Telephone: 563- Telephone: 563 -
Subscribed and sworn before me this day of , 2014.
Notary Public
ATTACHMENTS:
EXHIBIT B-1:
EXHIBIT B-2:
Legal Description and Map of Area to be Annexed
Pre -Annexation Agreement
11
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
12
LOT 2 OF STONE QUARRY SUBDIVISON AND LOT 1 OF GASSMAN QUARRY, DUBUQUE
COUNTY, IOWA
13
rae crtvov LEGAL DESCRIPTION OF LAND TO BE ANNEXED. n °•^ '
Lot o Gassman Quarry d Lott o ••,. ^ • IS—.
Dus E EXHIBIT A f Q ub f DAG
Stone QuarrySubdivision,Dubuque County,Iowa
Mrtslup,nv un tlrr Miesiasippi ""••• ,
BE NE EXC LOT 1 BE NE-SEC 07 T88N R3E
10692
LOT 1 STONE QUARRY SUB
a
LOT
GASSMAN QUARRY
AREA TO BE ANNEXED
PIN #'s 1607426001 & 1608151001
7721
\ LOT 3 STONE QUARRY SUB
\ / LOT 2-2-1
`Ol SW-SEC 08
T88N R3E 7917
d 7967
EY RD
LOT 1 NE SE-SEC 07 T88N`R3E
OLDS MASS
10273
LOT 1 NW SE-SEC 07
T88N R3E 7972
LOT 2-1- 7721
SW-SEC 08
T88N R3E
1021,
to:cs%. b��..a«. dtie�'v ee�nein w N Map Prepared by:
C"1 inch = 300 feet ® de of Dubuque
ne w'wm°a=`r'im� on®'s>a ue
•� ^^^^^^^-^^- ^;,.d°�^-'�'a�^ Engineering Divisbn
310 155 0 310 Feet W E AREA TO BE ANNEXED
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neDubuque,larva 521
a.ra,v a..rw Pho :(563)58&4270
.>.�i'v+n.m.... ^°°° •"•' S Fax:(563)5894205
14
EXHIBIT B
PRE -ANNEXATION AGREEMENT
(Insert fully executed pre -annexation agreement here)
15
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St: (563)589-4210
Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210
RESOLUTION NO. 144-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND DUBUQUE HARDWOODS, INC. AND SITCO, INC.
Whereas, Dubuque Hardwoods, Inc. and SITCO, Inc., the owners of the following
described property in Dubuque County, Iowa (the Property) have submitted to the City
Council of the City of Dubuque an application for voluntary annexation of the Property to
the City of Dubuque:
Lot 2 of Stone Quarry Subdivision and Lot 1 of Gassman Quarry, Dubuque
County, Iowa
Whereas, Dubuque Hardwoods, Inc. and SITCO, Inc., have entered into a Pre-
annexation Agreement with the City of Dubuque a copy of which is attached hereto
governing the future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of
property in Dubuque County, Iowa and the extension of city limits by voluntary
annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive
Plan of the City of Dubuque, necessary for the future orderly growth and development of
the City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the
public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Dubuque Hardwoods,
Inc. and SITCO, Inc. and the City of Dubuque is hereby approved.
Passed, approved and adopted this 18th day of April, 2016.
ATTEST:
By:
Kevin SLIirnstahl, ity dierk
Bv.
nes, Mayor Pro -Tem
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. 144-16 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 19th day of April, 2016.
Ke . Firnstahl, C, City Clerk
11111111111M111110021011
Doc ID: 008420460003 Type: GEN
Kind AGREEMENT
Recorded: 04/20/2016 at 04:01:03 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
F11e2016-00004377
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 AGREEMENT, made and entered into effective the / day of
0d24e1;"
, 2016, between the City of Dubuque, Iowa (hereinafter called "City"),
a Dubuque Hardwoods, Inc. and Sitco, Inc. (hereinafter called "Owners"), their heirs,
successors and assigns,
WITNESSES:
WHEREAS, the aforesaid Owner has applied to the City for approval of a
subdivision plat of an area of land described as follows ("the Real Estate"):
LOT 2 OF STONE QUARRY SUBDIVISON AND LOT 1 OF GASSMAN QUARRY,
DUBUQUE COUNTY, IOWA.
WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction
of the City for plat approval and for authorization of rural water service; and,
WHEREAS, Owner may desire to receive rural water service for the land being
platted,
NOW, THEREFORE, the parties hereto agree that:
1. For purposes of making provisions for future city water services to the area
legally described above, (the Real Estate), the Owners, their heirs, successors and
assigns, including but not limited to, the future owners of the Real Estate, shall be and
are hereby fully bound, jointly and severally, to pay to the City the sum of any and all
amounts that the City is required to pay as compensation to the rural water service
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.
Graf CAA.
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 Owner, Owner's heirs, successors and assigns, including but not limited to the
future owners of the Real Estate own, operate, and maintain a private well or water
system to supply water to the Real Estate, Owner's heirs, successors and assigns,
including but not limited to the future owners of the Real Estate will be allowed to keep,
maintain, and replace such well indefinitely upon annexation, if Owner, Owner's heirs,
successors and assigns, including but not limited to the future owners of the Real Estate
choose to do so.
Executed by the respective signatories effective the date first above written.
CITY OF D BUQ IOWA DUBUQUE HARDWOODS, INC.
ATTEST:
nes, Mayor Pro -Tem
,J l�i�
vi Firnstahl, City Clerk
By:
Robert D. Miller
SITCO, INC.
By: AAA
Carl M. Summers
On this ler day of ,pr's 1 , 2016, before me, a Notary Public in and for said state,
* personally appeared Rey—E47—Prue[ 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.
* Ric W. Jones
TRISH L. GLEASON
Commission Number 719986
My Commission Expires
••
2
Notary Public in the State of Iowa
My Commission expires la .13 • I)
•
On this VINday of br► , 2016, before me, a Notary Public in and for said state
personally appeared Robert D. Miller known to me to be the person(s) named in and
who executed the foregoing instrument, and acknowledge that they executed the same
as their volun,ta act and deed.
yEmo61 d6Bto, /45a,
0/1,2..-r•J 00—€1./W
Notary Public in the State of Iowa
My Commission expires 0l // 3 /,D -0l7
On: this Iday'of Ppri , 2016, before me, a Notary Public in and for said state
moo
personally appeared Carl M. Summers known to me to be the person(s) named in and
who executed the foregoing instrument, and acknowledge that they executed the same
as their voluntary act and deed.
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4No ary Public in the State of Iowa
My Commission expires OI MaOl7
11
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11
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Doc ID 008420470004 Type GEN
Kind AGREEMENT
Recorded: 04/20/2016 at 04:01:16 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2016-00004378
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
THIS COVENANT AND AGREEMENT, made and entered into effective the
day of %f,r , 2016, between the City of Dubuque, Iowa (hereinafter
called "City"), and the Dubuque Hardwoods, Inc. and Sitco, Inc. (hereinafter called
"Owner"), its heirs, successors and assigns,
WITNESSES:
WHEREAS, the aforesaid Owner has applied to the City for approval of a
subdivision plat of an area of land described as follows ("the Real Estate"):
LOT 2 OF STONE QUARRY SUBDIVISON AND LOT 1 OF GASSMAN QUARRY,
DUBUQUE COUNTY, IOWA
WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction
of the City for plat approval.
NOW, THEREFORE, the parties hereto agree that:
1. This agreement is made for the purpose of meeting the subdivision regulations
and plat approval requirements of the City for approval of the subdivision plat of the
Real Estate.
2. In anticipation of the possibility that the City may at some time deem it to be in
the public interest to cause construction of street paving, curbs and guttering, storm
sewers, water mains, sanitary sewer mains, bicycle paths, and sidewalks by means of
city awarded contracts to be paid by special assessments to be levied against the Real
Estate, the Owner does hereby covenant and agree that by execution of this instrument
Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and
each of them, shall pay and are bound to pay to the City, the costs of the aforesaid
improvements assessed to the Real Estate, by action of the governing body for the City,
after notice of hearing as provided by section 384.50 Code of Iowa, the provisions of
384.38 Code of Iowa notwithstanding.
C
3. Without affecting the forgoing waivers of rights, it is understood and agreed that if
and when the governing body of the City conducts a hearing on a proposed resolution
or necessity to assess public improvement costs to the Real Estate, the Owners of the
Real Estate may then appear before the governing body of the City and be heard.
4. Additionally, Owner, its heirs, successors and assigns, including purchasers of
the Real Estate, and each of them, in consideration of the benefits derived from
approval of the said plat of Real Estate, receipt of which is hereby acknowledged,
covenant with the City that it will not, at any future time, sue the City, or any officer or
employee of the City, to test the regularity of the proceedings or legality of the
assessment procedure, to appeal the amount of the assessment, to enjoin, set aside,
overturn, or reduce the amount of such assessments levied against the Real Estate by
the City.
The foregoing provisions encumber the Real Estate described as:
LOT 2 OF STONE QUARRY SUBDIVISON AND LOT 1 OF GASSMAN
QUARRY, DUBUQUE COUNTY, IOWA
5. This covenant and agreement shall be filed for record in the office of the
Dubuque County Recorder and all covenants, agreements, promises and
representations herein stated shall be deemed to be covenants running with the Real
Estate and shall endure and be binding on the parties hereto, their mortgagees,
lienholders, successors and assigns, for a period of twenty-one (21) years from the date
of the recording of these covenants, unless claims to continue any interest in the
covenants and filed as provided by law. The City shall have the right to file a claim to
continue its interest in these covenants.
6. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions, which shall remain in full force and effect.
7. It is City's current policy that Owner may elect, at the time of annexation, to
dedicate any streets on the Real Estate to City, or to maintain any streets on the Real
Estate as private streets. If Owner maintains as private streets, City will not make or
require improvements to bring private streets to City standards. Such policy is subject
to change and may no longer be in effect at the time of annexation.
8. Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states
that the owner of any house, building, or property used for occupancy, employment,
recreation, or other purposes situated in City and abutting on any street, alley, right or
way, or easement in which there is now located, or may in the future be located, within
two hundred feet (200') of the nearest property line thereof, a public sanitary sewer of
City, is required at the owner's expense to connect such facilities directly with the
property public sewer, in accordance with City standards. If, at the time of annexation,
the nearest property line of the Real Estate is within two hundred feet (200') of a public
sanitary sewer of City, Owner, Owner's heirs, successors and assigns, including but not
2
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, IOTA DUBUQUE HARDWOODS, INC.
By:
Rey -B.
Ric W.
ATTEST:
Jon
s, Mayor Pro -Tem
Kevin S` Firnstahl, Cit Clerk
By:
:r
Robert D. Miller )/4<:74
SITCO, INC.
By:
Carl M. Summers
On this Iy- day of II `A\ , 2016, before me, a Notary Public in and for said state,
* personally appeared " W --B ieI 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.
* Ric W. Jones
issir�n Number 719986 Notary Public in the State of Iowa
*d.mrn
Cryrnmission Expires
a.
My Commission expires 1 c� •) Z•15
On this L/4 day of *, , 2016, before me, a 'Notary Public in and for said state
personally appeared ' obert D. Miller known to me to be the person(s) named in and
who executed the foregoing instrument, and acknowledge that they executed the same
.0§4)voluntary;act and deed.
"Ot
air° days of •ra , 2016, before me, a Notary Public in and for said state
personally a°` geared arl M. Summers known to me to be the person(s) named in and
who executed the foregoing instrument, and acknowledge that they executed the same
;as their voluntary act and deed.
dig -Li
No ary Public in the State of Iowa
My Commission expires
4
Notary Public in the State of Iowa
My Commission expires O! ( 131 DOI7