Pre-Annexation Agreement - Elizabeth R. Kirpes Trust Copyright 2014
City of Dubuque Consent Items # 13.
ITEM TITLE: Pre-Annexation Agreement- Elizabeth R. Kirpes Trust
SUMMARY: City Manager recommending approval of a Pre-Annexation
Agreement and Covenants with the Elizabeth R. Kirpes
Trust, for property located at 10704 Key West Drive.
RESOLUTION Approving a Pre-Annexation Agreement
Between the City of Dubuque, Iowa and the Elizabeth R.
Kirpes Trust
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Kirpes Trust Pre-Annexation Documents-MVM Memo City Manager Memo
Staff Memo Staff Memo
Vicinity map Supporting Documentation
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 Documents — Elizabeth R. Kirpes Trust, 10704 Key West
Drive
DATE: July 25, 2016
Planning Services Manager Laura Carstens recommends City Council approval of a
Pre-Annexation Agreement and Convents with the Elizabeth R. Kirpes Trust, for
property located at 10704 Key West Drive.
The City of Dubuque is installing a water main within Key West Drive as part of
Dubuque County's project to rebuild Key West Drive. As a part of connecting with the
City's water system along this County road, pre-annexation documents must be signed
to receive the City water utility. Until annexation, the Key West Drive property owners
will pay 1.5 times the standard City rate. There is no plan to annex the property at this
time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITYOFDU` buq ue
DL E �I AmeMcaiCiryi
Masterpiece on the Mississippi 1
2007•2012•2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre-Annexation Documents— Elizabeth R. Kirpes Trust, 10704 Key West
Drive
DATE: July 22, 2016
INTRODUCTION
This memo transmits for City Council review and approval, the pre-annexation documents
(consisting of an agreement and covenants) with Elizabeth R. Kirpes Trust for property
located at 10704 Key West Drive. This property is part of the Key West Drive water main
extension project. The vicinity map, documents, resolution, and related materials are
enclosed.
DISCUSSION
The City of Dubuque is installing a water main within Key West Drive as part of Dubuque
County's project to rebuild Key West Drive. As a part of connecting with the City's water
system along this County road, pre-annexation documents must be signed to receive the
City water utility. Until annexation, the Key West Drive property owners will pay 1.5 times
the standard City rate.
Legal staff has prepared the attached pre-annexation documents to reflect the provision of
City water and the standard 10-year transition to the City's share of property taxes that will
commence when the property is annexed to the City at some point in the future. There is
no plan to annex the property at this time.
RECOMMENDATION
I recommend that the City Council approve the Elizabeth R. Kirpes Trust pre-annexation
documents for property located at 10704 Key West Drive, and authorize the Mayor to sign
the documents on behalf of the City of Dubuque. Thank you.
Enclosures
cc: Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Brant Schueller, Water Distribution Supervisor
THTE CITY OF Dubuque
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Nh Masterpiece on the Mississippi
2003.30E 30r3
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Vicinity Map
A IZONA STAR ST
Owner: Elizabeth R. Kirpes Trust
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PIN: 1512152018
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in Dubuque County, Iowa
Street Address: 10704 Key West Drive
Acrage: 0.71
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Subject Property
City limits
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DISCLAIMER:This information was compiled using the
Dubuque Area Geographic Information System GAGIS),which
includes data created by both the City of Dubuque and
Dubuque County. It is understood that,while the City of
LAIA Dubuque and participating agencies utilized the most current ^1
Zand accurate information avaor currency AGIS otheenormtionts liers or data A
not warrant inedhtheaccurecy or currencyofthe agenciionordata
hall not
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(V = breach of wammy,whatsoever.
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. 285-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND THE ELIZABETH R. KIRPES TRUST
Whereas, The Elizabeth R. Kirpes Trust, owner 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 1 Kermit's Subdivision in Dubuque County, Iowa.
Whereas, The Elizabeth R. Kirpes Trust has 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 The Elizabeth R.
Kirpes Trust and the City of Dubuque is hereby approved.
Passed, approved and adopted this 1st day of August, 2016.
ATTEST:
By:
Kevin b.° Firnstahl, 'City -Clerk
By:
fi
Roy D.,/ol, Mayor
111111
II IlIll II I l lIIIIlll III1
Doc ID 008486420017 Type' GEN
Kind: AGREEMENT
Recorded: 08/03/2016 at 03:50:22 PM
Fee Amt: $87.00 Page 1 of 17
Dubuque County Iowa
John Murphy Recorder
File2016-00009955
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
ELIZABETH R. KIRPES TRUST
This Pre -Annexation A•reement (the "Agreement"), dated for reference purposes
the day of , 2016, is made and entered into by and between the
City of Dubuque, owa ("City") and Elizabeth R. Kirpes Trust ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
LOT 1 KERMIT'S SUBDIVISION IN 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, City provides water services to the public street adjacent to the Real
Estate; 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
1
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
, 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 and executes this
Agreement, Owner will pay 1.5 times the regular City water rate paid by all other City
residents for such services until the time of annexation. Upon annexation, Owner will
pay the regular 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. 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, 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.
3
7.2 It is City's current policy that Owner may elect, at the time of annexation, to
dedicate any streets on the Real Estate to the City, or to maintain any streets on the
Real Estate as private streets. If Owner maintains as private streets, City will not make
or require improvements to bring private streets to City standards. 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 within three hundred sixty-five
(365) days. 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. However, Owner, Owner's heirs, successors
and assigns will not be required to connect to the public sanitary sewer if constructions
plans for an existing private on site sewage treatment and disposal system are
available, the system meets the provisions of state laws and regulations, and the
system received a construction permit from the city manager prior to installation.
However, no private on site sewage treatment and disposal systems will not be
permitted to operate for more than fifteen (15) years, unless otherwise determined by
the city manager pursuant to standards adopted by the city manager. If the city
manager determines at any time that the system is no longer adequate, connection to
the public sanitary sewer must be made.
City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in
effect at the time of annexation.
7.4 If Owner is able and elects to receive public sanitary sewer services from the City
prior to annexation, Owner will pay 1.5 times the regular City sanitary sewer rate paid by
all other City residents for such services. Upon annexation, Owner will pay the regular
rate paid by all other City residents for such services.
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.
4
SECTION 10. DEFAULT.
10.1 Failure by Owner to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement constitutes an Event of Default.
10.2 Whenever any Event occurs and is continuing, City may take any one or more of
the following actions after giving written notice by City to Owner of the Event of Default,
but only if the Event of Default has not been cured within sixty (60) days following such
notice, or if the Event of Default cannot be cured within sixty (60) days and Owner does
not provide assurances to City that the Event of Default will be cured as soon as
reasonably possible thereafter:
(1) City may suspend any part of or all of its performance under this
Agreement until it receives assurances from Owner, deemed adequate by
City, that Owner will cure its default and continue its performance under
this Agreement;
(2) City may cancel and rescind this Agreement;
(3)
Owner will reimburse City for all amounts expended by City in connection
with the Agreement, and City may take any action, including any legal
action it deems necessary, to recover such amounts from Owner;
(4) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect .any payments
due under this Agreement or to enforce performance and observance of
any obligation, agreement, or covenant under this Agreement.
SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
If to City:
If to Owner:
City of Dubuque
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
Elizabeth R. Kirpes
10704 Key West Drive
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
By:
Roy D.:iol, Mayor
ATTEST:
Kevin . ' irnstahl, 1ty Ierk
ELIZABETH R. KIRPES TRUST
R. Kirpes, Tru tee
On this 151'day of LIS 4— , 2016, before me, a Notary Public in and for said
state, personally appeare Roy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
TRISH L. GLEASON
Commission Number 71 ! w 6
My Commission Expires
�• 3•
Notary Public in the State of Iowa
My Commission expires 1 • /-3'. / 7
On this t4 day of 30A , 2016, before me, a Notary Public in and for said
state personally appeared Elizabeth R. Kirpes, Trustee 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.
o, JENNIFER M. GRIFFIN
Commloslon Num r 7 3874
;t; •111 %
,a�R ; Hy Comm, 8x ,
6
Ndtary Public in the
My Commission expires 1\\011%
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
LOT 1 KERMIT'S SUBDIVISION IN DUBUQUE COUNTY, IOWA
8
3
l5r21.5/02/
5T21,32i101
T1220(22
F L
1512 V.57020
SUB. OF
NW1/4 SE
1512/52/3/6
KERMIT'S SCIEDIVISiON
£,-00,702e3-3?
201 Off 'CtTe
05 33
0
151215414 4.4
1100 ft.
1.512107007
nexation
40000078,
Notice -These maps are compiled for assessment and tax Information purposes from official county records. NI map Information shown Is for the forgoing purpose and does not represent a survey of land.
9
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
LOT 1 KERMIT'S SUBDIVISION IN DUBUQUE COUNTY, IOWA
12
3
51 12151
151215'402
SL
1512151(14
-90
- KERMIVS SUBCOVISICAI
20 e44XIJON13F'
n
v`.. 90
SUB. OF I.
NW1/4 SE
151215414
1512107007
nexation
4-0000078,
Notice -These maps are compiled for assessment and tax information purposes from official county records All map information 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: Laura Carstens, City Planner Address: City Hall, 50 West 13th St (563) 589-4210
RESOLUTION NO. 285-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND THE ELIZABETH R. KIRPES TRUST
Whereas, The Elizabeth R. Kirpes Trust, owner 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 1 Kermit's Subdivision in Dubuque County, Iowa.
Whereas, The Elizabeth R. Kirpes Trust has 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 The Elizabeth R.
Kirpes Trust and the City of Dubuque is hereby approved.
Passed, approved and adopted this 1st day of August, 2016..
ATTEST:
By:
Kevin 6.Firnstahl, City -Clerk
By:
Roy D.
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. 285-16 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 2nd day of August, 2016.
C City Clerk
IIIII HMI hili I II sill ii 11111111111111111111111111
Doc ID: 008486430003 Type: GEN
Kind: AGREEMENT
Recorded: 08/03/2016 at 03:50:34 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
F11e2016-00009956
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 GREEMENT, made and entered into effective the /5/ day of
, 2016, between the City of Dubuque, Iowa (hereinafter called "City"),
and El zabeth R. Kirpes Trust (hereinafter called "Owners"), their heirs, successors and
assigns,
WITNESSES:
WHEREAS, the aforesaid Owner owns an area of land described as follows ("the
Real Estate"):
LOT 1 KERMIT'S SUBDIVISION IN DUBUQUE COUNTY, IOWA
WHEREAS, City provides water and sanitary sewer services to the public road
adjacent to the Real Estate; and,
WHEREAS, said land is within two (2) miles of the City; and,
WHEREAS, Owner may desire to receive rural water service for the Real Estate.
NOW, THEREFORE, the parties hereto agree that:
1. If the Owner of the Real Estate legally described above, the Owner's 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 Owner, the Owner's
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
dO
Cl?/ G'n:
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 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 DUBUQUE, IOWA
By:
Roy;;" Buol, Mayor
ATTEST:
On thisq
1 day of , 2016, before me, a Notary Public in and for said
state, personally appeare 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.
ELIZABETH R. KIRPES TRUST
Eliza-th R. Kirpes, T
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t: GLEASOr
Number 719936
My Comm ssa rf xpires
Z.
Notary Public in the State of Iowa
My Commission expires ) a •) • 1
On this 1LI day of 30,1 , 2016, before me, a Notary Public in and for said
state personally appeared Elizabeth R. Kirpes, Trustee 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.
•
4 JENNIFER M. GRIFFIN
Commlaolon Num •;or 7 38874
»p ` Isy Comm. Exp
3
Not Pubflc intth S'l�ate Iowa
ry
My Commission expires
IIII II III I I 1011111110111
YI
YI
Dili
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Doc ID 008486440004 Type GEN
Kind AGREEMENT
Recorded: 08/03/2016 at 03:50:48 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2016-00009957
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 FOR ASSESSMENT OF COSTS OF IMPROVEMENTS
THI COVEN NT AND AGREEMENT, made and entered into effective the
day of / , 2016, between the City of Dubuque, Iowa (hereinafter called
"City"), a d E izabeth R. Kirpes (hereinafter called "Owner"), its heirs, successors and
assigns.
WITNESSES:
WHEREAS, the aforesaid Owner owns an area of land described as follows ("the
Real Estate"):
LOT 1 KERMIT'S SUBDIVISION IN DUBUQUE COUNTY, IOWA
WHEREAS, said land is within two (2) miles of the City; and,
WHEREAS, City provides water and sanitary sewer services to the public road
adjacent to the Real Estate.
NOW, THEREFORE, the parties hereto agree 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 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 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
S69C) 00
Caa-
of 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.
3. 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 1 KERMIT'S SUBDIVISION IN 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,
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 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.
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 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 within three hundred sixty-five
(365) days. 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. However, Owner, Owner's heirs, successors
and assigns will not be required to connect to the public sanitary sewer if constructions
2
plans for an existing private on site sewage treatment and disposal system are
available, the system meets the provisions of state laws and regulations, and the
system received a construction permit from the city manager prior to installation.
However, no private on site sewage treatment and disposal systems will not be
permitted to operate for more than fifteen (15) years, unless otherwise determined by
the city manager pursuant to standards adopted by the city manager. If the city
manager determines at any time that the system is no longer adequate, connection to
the public sanitary sewer must be made.
City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in
effect at the time of annexation.
8. If Owner is able and elects to receive public sanitary sewer services from the City
prior to annexation, Owner will pay 1.5 times the regular City sanitary sewer rate paid by
all other City residents for such services. Upon annexation, Owner will pay the regular
rate paid by all other City residents for such services.
Executed by the respective signatories effective the date first above written.
3
CITY OF DUBUQUE, IOWA
Bv:
ELIZABETH R. KIRPES TRUST
By: ti Roy D. uol, Mayor Elizaoeth R. Kirpes, rustee
ATTEST:
Kevin ' irnstahl, ° ity Perk
On this ) qday of�<' s , 2016, before me, a Notary Public in and for said
state, personally appear Roy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
Commission Number 71
My Commission Expires
LP•1
Notary Public in the State of Iowa
My Commission expires / a 4'3 • /
On this IN day of 3rAo , 2016, before me, a Notary Public in and for said
state personally appeare1 Elizabeth R. Kirpes, Trustee 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.
e `+, JENNIFER WL GRIFFIN
de*,
Commission Mum er 7 3874
,ow' My Comm. Ealy, - 01
4
Not
Al MA
Pu •sic in the S
My Commission expires 11\Vrt\��