Pre-Annexation Agreement Joseph J & Judith Riniker Corrected Resolution Copyrig hted
J uly 6, 2020
City of Dubuque Consent Items # 12.
City Council Meeting
ITEM TITLE: Pre-AnnexationAgreement Joseph J & Judith Riniker Corrected
Resolution
SUM MARY: City Manager recommending that the City Council rescind Resolution
177-20 and approve a resolution correcting a legal description.
RESOLUTION Rescinding Resolution No. 177-20 and approving a new
resolution for a Pre-Annexation Agreement between the City of
Dubuque, lowa and Joseph J. & Judith Riniker
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Joseph and Judith Riniker Pre-Annexation Agreement City Manager Memo
Corrected Resolution-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre-Annexation Agreement - Joseph J. & Judith Riniker - Corrected
Resolution
DATE: June 26, 2020
On June 15, 2020, the City Council approved Resolution 177-20 which approved a
pre-annexation agreement from Joseph J. & Judith Riniker. The Resolution contained
an incorrect legal description.
Planning Services Manager Wally Wernimont recommends the City Council rescind
Resolution 177-20 and approve a corrected resolution.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Manager
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Manager
SUBJECT: Pre-annexation Agreement—Joseph J. & Judith Riniker— Corrected
Resolution
DATE: June 25, 2020
INTRODUCTION
This memo transmits for City Council review a request to rescinded Resolution 177-20 and
approved a new resolution for a pre-annexation agreement with Joseph J. & Judith Riniker.
DISCUSSION
On June 15, 2020, the City Council approved Resolution 177-20 which approved a pre-
annexation agreement from Joseph J. & Judith Riniker. The legal description used in the
pre-annexation documents was correct, however, the following legal description used in the
resolution was incorrect:
LOT 2 OF LOT 1 OF LOT 1 OF THE NORTH WEST '/4 OF THE SOUTH EAST '/4
OF SECTION 5, IN TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5T" P.M., IN
DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF
The correct legal description is the following:
LOT 1 OF LOT 1 OF LOT 1 OF THE NORTHWEST '/4 OF THE SOUTHEAST '/4 OF
SECTION 5, IN TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5T" P.M., IN
DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF
RECOMMENDATION
I recommend that the City Council rescind Resolution 177-20 and approved the corrected
resolution which contains the accurate legal description.
Attachments
cc: Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Denise Ihrig, Water Department Manager
Prepared by:Wally Wernimont,City Planner Address:City Hall,50 W.13th St (563)589-4210
Return to:Wally Wernimont.City Planner Address:City Hall,50 West 13th St (563)589-4210
RESOLUTION NO.193-20
RESCINDING RESOLUTION 177-20 AND APPROVING A NEW RESOLUTION FOR A
PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,IOWA AND
JOSEPH J.&JUDITH RINIKER
Whereas,Resolution 177-20 previously recorded as instrument number 2020-8490
with an incorrect legal description;and
Whereas,the correct legal description is as follows:
LOT 1 OF LOT 1 OF LOT 1 OF THE NORTHWEST 1X OF THE SOUTHEAST %
OF SECTION 5,IN TOWNSHIP 89 NORTH,RANGE 2 EAST OF THE 5TH P.M.,
IN DUBUQUE COUNTY,IOWA,ACCORDING TO THE RECORDED PLAT
THEREOF
;and
Whereas,Joseph J.&Judith Riniker,the 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:
Whereas,Joseph J.&Judith Riniker have entered into a Pre-annexation Agreement
with the City of Dubuque,governing the future annexation of the Property previously
recorded under instrument number 2020-8490;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 THAT:
Section 1.Resolution No .177-20 is hereby rescinded.
Section 2.The Pre-annexation Agreement by and between Joseph J.&Judith Riniker
and the City of Dubuque is hereby re-approved.
Section 3.The City Clerk is hereby directed to record this resolution with the Dubuque
County Recorder’s Office.
Passed,approved and adopted this 6th day of July 2020.
By:
Ro/D.Buol,Mayor
ATTEST:
1//.,-1
By:
Ke^in S.Firnstahl,City Clerk
Dl
0
11
Doc ID 010526970004 Type GEN
Kind: RESOLUTION
Recorded: 07/09/2020 at 02:03:56 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
Fi1e2020_00009887
RECORDER'S COVER SHEET
FOR
CITY OF DUBUQUE RESOLUTION NO. 193-20
RESCINDING RESOLUTION NO. 177-20
PRE -ANNEXATION AGREEMENT BETWEEN
THE CITY OF DUBUQE, IOWA AND JOSEPH J. & JUDITH RINIKER
Preparer Information:
Prepared by Wally Wernimont, Planning Services, 50 W. 13th St., Dubuque, IA 52001
563-589-4393
Taxpayer Information:
n/a
Return Document To:
Kevin S. Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001
563-589-4100
Legal Description:
LOT 1 OF LOT 1 OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 5, IN TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., IN
DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF
Grantors:
Grantees:
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
Previously recorded documents:
2020-00008409 Pre -Annexation Agreement and Resolution No. 177-20
22°
City Planning
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St (563) 589-4210
Return to: Wally Wernimont, City Planner Address: City Hall, 50 West 13th St (563) 589-4210
RESOLUTION NO. 193-20
RESCINDING RESOLUTION 177-20 AND APPROVING A NEW RESOLUTION FOR A
PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
JOSEPH J. & JUDITH RINIKER
Whereas, Resolution 177-20 previously recorded as instrument number 2020-8490
with an incorrect legal description; and
Whereas, the correct legal description is as follows:
LOT 1 OF LOT 1 OF LOT 1 OF THE NORTHWEST'/ OF THE SOUTHEAST'/
OF SECTION 5, IN TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M.,
IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT
THEREOF
;and
Whereas, Joseph J. & Judith Riniker, the 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:
Whereas, Joseph J. & Judith Riniker have entered into a Pre -annexation Agreement
with the City of Dubuque, governing the future annexation of the Property previously
recorded under instrument number 2020-8490; 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 THAT:
Section 1. Resolution No. 177-20 is hereby rescinded.
Section 2. The Pre -annexation Agreement by and between Joseph J. & Judith Riniker
and the City of Dubuque is hereby re -approved.
Section 3. The City Clerk is hereby directed to record this resolution with the Dubuque
County Recorder's Office.
Passed, approved and adopted this 6th day of July 2020.
ATTEST:
By:
Kevin S. Firnstahl, City Clerk
B
D. Buol, Mayor
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. 193-20 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 7th day of July, 2020.
KevijS. Firnstahl, CMC, City Clerk