Pre-Annexation Agreement - Larry and Sharon McDermott Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Pre-Annexation Agreement- Larry and Sharon McDermott
SUMMARY: City Manager recommending approval of a Pre-Annexation
Agreement with Larry E. and Sharon A. McDermott for Lot 6
and Lot 2-6 of paradise Heights Subdivision No. 3 / 13384
BMR Lane.
RESOLUTION Approving a Pre-Annexation Agreement
between the City of Dubuque, Iowa and Larry E. and
Sharon A. McDermott
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
McDermott Pre-Annexation Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Vicinity map Supporting Documentation
Plat of Survey 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 Agreement — Larry E. and Sharon A. McDermott
DATE: July 25, 2016
Larry E. and Sharon A. McDermott have submitted a request for approval of the Plat of
Survey of Lot 6 and Lot 2-6 of paradise Heights Subdivision No. 3, which is located
adjacent to the City of Dubuque corporate limits
Planning Services Manager Laura Carstens is requesting City Council approval of a
Pre-Annexation Agreement with Larry E. and Sharon A. McDermott for the subject
property. 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.
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 CrrY OF Dubuque
DUB E �1
Masterpiece on the Mississippi I I I Im
2007•2012•2013
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre-annexation Agreement— Larry E. and Sharon A. McDermott
DATE: July 14, 2016
INTRODUCTION
This memo transmits for City Council review and approval, a pre-annexation agreement
with Larry E. and Sharon A. McDermott, property owners, in conjunction with request for
approval of the Plat of Survey of Lot -6 and Lot 2-6 of Paradise Heights Subdivision No.
3. 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 Larry E. and Sharon A. McDermott 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
/ THE CITY OF Dubuque
D� TS E itl��,
E `N III1
PPRP Masterpiece on the Mississippi
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Vicinity Map
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Owner: Larry E. & Sharon A. McDermott
A
PIN: 0926426010
Description: LOT 6 PARADISE HEIGHTS
H NIKER� F SUBDIVISION No. 3
9p
Street Address: 13384 BMR Lane
Acrage: 17.28
G j
Legend
." Pre -Annexation Property
9✓Fsr ® City limits
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Dubuque and participating agencies utilized the most current ^1
and accurate l reformation available,DACIA and its suppliers do
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net warrentthe n,accuracy City currenryip tinghe agenciesnoaatdichali o
be hainetlblefor The City indirect,
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breast of warranty whatsoever.
m II PARA D I S E H E l c r s S U 8 D I I S , O N N 2 Plat of Survey of:
LOT I LOT 2
DT 3 LOT 4 GT 5 Lot 1-6 & Lot 2-6 of Paradise
N I, N 67'57'14" E 1321.13'(1321.13') Heights Subdivision No. 3,
307.81'(307]4') 224,12'(223.98') 223.39'(223.51') 247.81(24792) In Dubuque County, )owc
II 251.90'(251.96')> rOP BsxT t9a.tD' 109.71' TOP BENT CURVE DATA NOTE
66.00'
ARC CHORD CHORD THIS SURVEY IS COMPRISED OF:
(66.02')EXISTING
CURVE DELTA RADIUS TAN.
=� LENGTH LENGTH BEARING LOT s of PARADISE HEIGHTSCON Y, IOWA No. 3,
Ir_UTILITY 10.0'ENT IN pUBUOVE CONTY, IOWA
unuTr EASEMENT C1-A 28'4143" 820.08' 410.72' 209.76' 406.44'N78'33'28"W AND
n n I EXISTING 66' EASEMENT C7-B 20'36'24" 820.08' 294,95' 149.08' 293.36'N82'36'07"W LOCATED IN THE SEI/4 OF SECTION 26, T89N, RHE (CENTER
FOR INGESS AND EGRESS m TWP) OF THE SW P.M., IN pU6000E COUNTY, IOWA
P1
r,l, n C1-C 08'05'19" 820.08' 115.77 57.96' 115.68' N68'15'16"W
N m�II LOT 1-6 w Ct-D 04'26'06" 853.08' 66.03' 33.03' 66.02' S89-20.53"W
*H �olll TA=5.525 ACRES C1--E
16'08'09" 853.08' 240.25' 120.92' 239.45' 580'21'59"E LEGEND
DO -,Q* n Cl-F -68-03'35" 853,08' 120.00' 60.10' 119.90' 568'16'09"E
RA=0228 ACRES DO FOUND s
N 5 m f IF w/a Is EAST NA=5.297 ACRES i° /8'ROD W/YELLOW LAP X4015
F N ^ (UNLESS oTKFRwsE rv0TE0
O Di PROPERTY UNE
( I
O m y i0VN0 3/4•ROD W/qE0 CAP XI01]4
�0 LOT I/4. SEC.
. THE NIG m C PLACES Si NPL
SEI/4. SEC. 26. T89N, PoE n O PLASTIC 5/B'IgoN PERIOD w/ORa1GE
ZI w I O PLASTIC CAP MAgXEO'KOELMEfl 11401-
LOT LOT 2-1-1 OF THE NW1/9 SE1/4, BY SURVEYED BOUNDARY ONE
D, GO Q SEC. 26. T89N, RIE /J mn PROPERTY LINE
b m J LOT L-6 RIONT OF WAY
h n r
EXISTING 10UTILITY EASEMENT ryAp 7^6 TA=12.736 ACRES W -------E95➢NG EASEMENT
rjl ( ) RECORD DIMENSION
6 17'42'07" W 0 JI RA= 0.089 ACRES N . TA TOTAL AREA
C1=0 L-- 33.00' p6N p3 N6 y03� /s° NA=12.647 ACRES RA
ROW AREA
NA
NO
AREA
7 Cj_ S S O` S° 1' N IP IRON PIPE
w/Al vnTn ANCIE IgoN
Com_A 01 m i NOTES
3.7.00' F E%157NG WELL EASEMENT I99 THIS 15 AN ASSUMED L ALL MEASUREMENTS ARE M FEET AND OFCMALS 1XEREOF.
(37.00') LOT 2-) PHSI
Cj�C \\ PER DOC. N0, 2000-fiOB3 6g N�q� BEARING FOR THE PURPOSES 2.PROPRIETOR OF LOT a OF PARADISE NOOHTS SOBDIASON No.0.
\ LOT 5 �� -0 OF 8115 SURVEY ONLY. LARRY E.H SHARDY A MCOERMOTT
16070 FRONTIER Ci DUBUQUE,IA 52002
4.SURVEYED REQUESTED BY: LARRY E NCDERNOR
\ 5.TOTAL AREA OF PERIMETER SURVEYED IS IB.061 ACRES.
~ 5 25'02'21" W \ \ 9.Q TDP BERT CO S.NIS PLAT IS SUBJECT i0 ALL EASEMENTS OF RECORD AND NOT OF RECORD.
33.00' \ / 2 °O• 1 HEREBY CORY"THAT THIS LAND SURVEYING DOCUMENT WAS
AIN q \ Se. -ICJ/,r1S° PREPARES AND THE RELATED SURVEY WORT(WAR PERFORMED BY ME OR
LOT 1-1 qq \ LOT 4 �2 n_ UNOEq MY DIRECT PERSONAL SUPERNSION AND NAT I AM A DULY
_Vf LICENSED LAND SURVEY NDER IHE LawS OF THE STATF IOWA,
f -L L
cflRY L N(1 O(fl � (DAlE7 I
F C TOP BENT �`1 LICENSE NUMBER 15487
y MY LICENSE RENEWAL DATE Is DECEVBER 31.2o11
SHEETS COVERED BY X15 SEAL SHEET k RLOT]
N LOT 6
A3UESING
aXo Y.LAND s�•.,, ASSOCIATES INC.
a /
/A \ TOP BENT �2 '.P K; 6NC(NPS.AMD SURYSY 1
>'3 AS \ /✓ C1: TONY
'NLRIS 1212 LOCUST ST,,DUBUQUE,A
LOTS YO LOT 2 O LOT 1 =�' KIS4B] 0 DRANN BY: JCU CHECMEO BY, RK
0' 75' 150' 300' H rp yp•._ `\, suRv[r DATE:O6/R1/m 5 PLOT RATE,Os/'1716
SCALE: 1" = 150' J '•owp owc.NO. Ifiu]-o1 SCALE: 1'- iso'
es \ N'IIIIII,III,,,1„ SHEET 1 OF
I 4
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. 286-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND LARRY E. AND SHARON A. MCDERMOTT
Whereas, Larry E. and Sharon A. McDermott, 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 6 of Paradise Heights Subdivision No. 3 located in the SE 1/4 of Section 25, T89N,
R1 E (Center Twp) of the 5th P.M., Dubuque County, Iowa
Whereas, Larry E. and Sharon A. McDermott, 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 anddevelopment 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 Larry E. and Sharon
A. McDermott and the City of Dubuque is hereby approved.
Passed, approved and adopted this 1st day of August, 201
By:
ATTEST:
Kevifi'S. Firnstah(r iY Clerk
Roy D., uol, Mayor
MIIII 1111
ilii
11
11
111
11
11
11
Doc ID 008486450017 Type GEN
Kind: AGREEMENT
Recorded: 08/03/2016 at 03:51:25 PM
Fee Amt: $87.00 Page 1 of 17
Dubuque County Iowa
John Murphy Recorder
F11e2016-00009958
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
LARRY E. AND SHARON A. MCDERMOTT
This Pre -A exation Agreement (the "Agreement"), dated for reference purposes
the day of , 2016, is made and entered into by and between the
City of Dubuque, low. ("City") and Larry E. and Sharon A. McDermott ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
LOT 6 OF PARADISE HEIGHTS SUBDIVISION NO. 3, IN DUBUQUE COUNTY,
IOWA
AND
LOCATED IN THE SE ' OF SECTION 25, T89N, RIE (CENTER TWP) OF THE 5111
P.M., 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, 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.
SEC ION 2. TERM. The term of this Agreement is from the /6day 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. 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;
4
(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
Larry E. and Sharon A. McDermott
16070 Frontier Court
Dubuque, IA 52002-9502
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. B > , Mayor
ATTEST:
Kevin (Firnstahl,
Y
jerk
OWNER
By: .-
Larry cDermott
BY: Actium @ .Wie_avuplepir
Sharon A. McDermott
On this ) qday 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.
Commission Number 71
My Commission Expires
Notary Public in the State of Iowa
My Commission expires 'n'•/)
On this day of , 2016, before me, a Notary Public in and for said
state personally appeared Larry E. and Sharon A. McDermott 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.
Notary Public in the State of Iowa
My Commission expires 2 - 3 -Jr
6
HERBERT W. DOLPHIN
Commission Number 738,26
My Comm. Exp. —/
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
LOT 6 OF PARADISE HEIGHTS SUBDIVISION NO. 3, IN DUBUQUE COUNTY, IOWA
AND
LOCATED IN THE SE 14 OF SECTION 25, T89N, R1 E (CENTER TWP) OF THE 5TH P.M., IN
DUBUQUE COUNTY, IOWA
8
2
0926426005
0050
092642600(3
nE,QP,
-50
0926426007
223.00
0926426010
6
\0926426008
1321
20(050
\0926425009
PARADISE HEIGHTS SUB. NO. 3
50
FARAISSE HILLS B., SUB. OF LOT 7
00264770/2 2-7
10402001
926477013 1-7
•
1200 ft N
`‘.
0926477003
0926477002 6
j /
0926476005 N
3
0926426013
0926426014
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.
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 anis 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
Notary Public
ATTACHMENTS:
EXHIBIT B-1:
EXHIBIT B-2:
day of , 2016.
Legal Description and Map of Area to be Annexed
Pre -Annexation Agreement
10
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
11
LOT 6 OF PARADISE HEIGHTS SUBDIVISION NO. 3, IN DUBUQUE COUNTY, IOWA
AND
LOCATED IN THE SE 1/4 OF SECTION 25, T89N, R1 E (CENTER TWP) OF THE 5TH P.M., IN
DUBUQUE COUNTY, IOWA
12
0926426005
—05,k
z
0926426W6
0926426007
423.60
0026426010
0926426008
\ 0026426009 266
00
1321.11
PARADISE HEIGHTS SUB. NO. 3 (
PARADISE HILLS 7B., SUB. OF LOT 7
0926477012 1-7
0926477012 2-7/
09126402001
1200 ft NNN
47207 992640700Th47/
/
;,-5/
/09264770026
0926426014
926426015
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 r ot represent a survey of lend,
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. 286-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND LARRY E. AND SHARON A. MCDERMOTT
Whereas, Larry E. and Sharon A. McDermott, 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 6 of Paradise Heights Subdivision No. 3 located in the SE % of Section 25, T89N,
RIE (Center Twp) of the 5th P.M., Dubuque County, Iowa
Whereas, Larry E. and Sharon A. McDermott, 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 anddevelopment 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 Larry E. and Sharon
A. McDermott and the City of Dubuque is hereby approved.
Passed, approved and adopted this 1st day of August, 201
ATTEST:
By:
Kevin S. Firnstahr; City Clerk
By:
Roy D Buol, Mayor
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. 286-16 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.
Kevin S. 'Firnstahl, C%ICty Clerk
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Doc ID 008486460004 Type GEN
Kind: AGREEMENT
Recorded: 08/03/2016 at 03:52:02 PM
Fee Amt: $22.00 Pae 1 of 4
Dubuque County Iowa
John Murphy Recorder
Fi1e2016-00009959
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
THIf COVENANT AND AGREEMENT, made and entered into effective the/
•
day of I , , 2016, between the City of Dubuque, Iowa (hereinafter called
"City"), a d Larry . and Sharon A. McDermott (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 6 OF PARADISE HEIGHTS SUBDIVISION NO. 3, IN DUBUQUE COUNTY,
IOWA
AND
LOCATED IN THE SE 1/4 OF SECTION 25, T89N, RIE (CENTER TWP) OF THE 5TH
P.M., IN 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,
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
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improvements assessed to the Real Estate, by action of the governing body for the City,
after notice of hearing as provided by section 384.50 Code of Iowa, the provisions of
384.38 Code of Iowa notwithstanding.
3. Without affecting the forgoing waivers of rights, it is understood and agreed that if
and when the governing body of the City conducts a hearing on a proposed resolution
or necessity to assess public improvement costs to the Real Estate, the Owners of the
Real Estate may then appear before the governing body of the City and be heard.
4. Additionally, Owner, its heirs, successors and assigns, including purchasers of
the Real Estate, and each of them, in consideration of the benefits derived from
approval of the said plat of Real Estate, receipt of which is hereby acknowledged,
covenant with the City that it will not, at any future time, sue the City, or any officer or
employee of the City, to test the regularity of the proceedings or legality of the
assessment procedure, to appeal the amount of the assessment, to enjoin, set aside,
overturn, or reduce the amount of such assessments levied against the Real Estate by
the City.
The foregoing provisions encumber the Real Estate described as:
LOT 6 OF PARADISE HEIGHTS SUBDIVISION NO. 3, IN DUBUQUE COUNTY,
IOWA
AND
LOCATED IN THE SE 1/4 OF SECTION 25, T89N, R1 E (CENTER TWP) OF THE 5TH
P.M., IN 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,
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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.
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CITY OF DUBUQUE, IOWA
By: ti
Roy D. o , Mayor
ATTEST:
AllprZ
Kevin S. irnstahl, City Cle
OWNER
By:
Larry E McDermott
By -1.001.614 y -14-&51AJTI di4
Sharon A. McDermott
On this / day of 44,4 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 and deed.
�4-
Commission Number 719986
My Commission Expires
•13•
Notary Public in the State of Iowa
My Commission expires / a- / 3 • /7
On this //qday of fidcy , 2016, before me, a Notary Public in and for said state
personally appeared Larry E. and Sharon A. McDermott 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.
Z
Notary Public in the Statd of Iowa
My Commission expires -' -3-/'
4
HERBERT W. DOLPHIN
Commission Number 738925
My Comm. Exp. .1 -3-18
111031131113113\14
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Doc ID: 008486470003 Type.
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Kind: AGREEMENT
Recorded:1 08/3/2016 at03:52:153:52:15 PM
Fee
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Dubuque County Iowa
John Murphy Recorder
Fi1e2016-00009960
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 ` day of
, 2016, between the City of Dubuque, Iowa (hereinafter called "City"),
a d Larry E. and Sharon A. McDermott (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 6 OF PARADISE HEIGHTS SUBDIVISION NO. 3, IN DUBUQUE COUNTY,
IOWA
AND
LOCATED IN THE SE 1/4 OF SECTION 25, T89N, RI E (CENTER TWP) OF THE 5T"
P.M., IN 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. 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 obtains such services from a rural water
provider prior to annexation of the Real Estate, or obtains water service, sanitary sewer
service, or both services from a rural water provider prior to annexation, 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
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rural water 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 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 or sanitary sewer 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. However, such a pre-existing well will be allowed for non -potable
water only. Potable water will be provided by City water services.
Executed by the respective signatories effective the date first above written.
CITY OF DUBUQUE, IOWA
By:
Roy D
ATTEST:
uol, Mayor
Atei
Ke n FirnsI. Cit Clerk
2
OWNER
By:
Larry E. M4Dermott
By:
)1. GuitsiA 11
cAS1-1),APY)
Sharon A. McDermott
On this L
4 day of ar__, 1.4-s0-2016, before me, a Notary Public in and for said state,
personally appeare: Row 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.
TR1 EE
Commission Number 719986
My Commission Expires
I�•i3• �
Notary Public in the State of Iowa
My Commission expires /"Q./3 .17
On this 1/' day of 141V- , 2016, before me, a Notary Public in and for said state
personally appeared Larry E. and Sharon A. McDermott 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.
, h La, , j`
Notary Public in the State of Iowa
My Commission expires 2-3 -/t
3
HERBERT W. DOLPHIN
Commission Number 738928
My Comm. Exp. -2 —3W'