Pre-Annexation Agreement- Royal OaksTHE CITY OF
DUBS' F� MEMORANDUM
Masterpiece on the Mi sippi
a
BARRY LIND
CITY ATTOR EY
To: La ra Carstens
Planning Services Manager
DATE: August 11, 2014
RE: Royal Oaks Development Pre -Annexation Agreement
Laura:
Attached for your processing are the following original documents:
1. Pre -Annexation Agreement Between the City of Dubuque, Iowa and Royal Oaks
Development Corporation, executed by A. J. Spiegel and notarized on July 3,
2014; and
2. Petition For Annexation, executed by A. J. Spiegel and notarized on July 3, 2014.
The Pre -Annexation Agreement can be submitted (as is) on an agenda of your choice
for City Council approval. Once the Pre -Annexation Agreement is approved by the City,
a copy of the fully executed Pre -Annexation Agreement should be attached to the
original Petition For Annexation.
BAL:tls
Attachment
cc: Kevin Firnstahl, City Clerk (no attachment)
F:\USERS\tsteckle\Lindahl\Memos\Carstens_RoyalOaks-SpiegelPreAnnexationAgreem ent&PetitionForAnnexation_081114.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
PETITION FOR ANNEXATION
DATE FILED W/F/W
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 Map of Area
To Be Annexed.
2. The Real Estate is contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Map of Area To Be Annexed.
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, Exhibit B, 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 3rd day of July, 2014.
-12
Roya( Oak Iopment Corporation
A.J. Spiegel
8650 Enterprise
Peosta, IA 52068
Telephone: 563-556-7484
ee
Subscribed and sworn before me this 3rd day of July, 2014.
Notary 141•lic
ATTACHMENTS:
EXHIBIT A: Legal Description and Map Of Area To Be Annexed
EXHIBIT B: Pre -Annexation Agreement
THOMAS J ALIENDORW
ComymhoUon NumbernE716727
MCnhI xplr.$
47:
10
11
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
All of Lot A and Lots 31 thru 42 inclusive, in Silver Oaks Estates Subdivision, Dubuque
County, Iowa and Lot 2 of Walter Metcalf Place, In Section 23, T88N, R2E of the 5th
P.M. in Dubuque County, Iowa
12
EXHIBIT A
LEGAL DESCRfP71ON OF LANDS TO BE ANT, EXED.-
ALL OF LOT A AND LOTS 31 THRU 42 INCLUSIVE LW SILVER
OAKS ESTATES SUBDIVISION, DUBUQUE COUNTY IOWA, AND
LOT ° OF WALTER METCALF PLACE. IN SECTION 23, TSSN R2L
OF TILE STI! P.L.:4TV DLIIIUQUL COUNTY, IOWA
DAGIS
EXiS'TING
CORPORATE LIMITS
CITY OF DUBUQUE
AREA
TO BE -
ANNEXED
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the. asto or tto,241s MAO, U.. ta
_ �mwtsw*w..,u•w+.ra wr. M,�r«r:••rma•�
inch = 500 feet
500 250 0 502 Fe=
s
AREAS TO BE ANNEXED
Hap Prepared by:
City N Dubuque
Engineering Division
50 West 13 Street
Dubtx)ue, hraa 52001
Phone: (563) 5594270
Fax: (5E3) 559-4205
13
111ECIIY0) J_
DUB E
EXHIBIT A
ELMWOOD DR.=
EXISTING
CORPORATE LIMITS
CITY OF DUBUQUE
AREA
TO BE
ANNEXED
01.1210.1.16
LEGAf. DESCRIPTION OF LANDS MBE ANNEXED:
ALOE LOTA AND L ?TS 31 T1(RU 42 INCLUSIVE INS/EVER
OAKS ESTATES SUBDI) ISION, DUBUQUE COUNT) IOWA, AND
LOT2 OF WA TER METCALF PLACE. IN SECTION 23, T1I4N, R25
OF TILE 5111 P.M ., IN DU011QUE COUNTY, IOWA
DAGIS
1 inch = 500 feet
500 250 0 500 Feet W
AREAS TO BE ANNEXED
Map Proofed lrW
CAy of Dubuque
Engineering DiVe)n
50 West 13th Street
Dubuque, town 52001
Phene: (563) 5894270
Fax: (563) 589-4205
8
EXHIBIT B
PRE -ANNEXATION AGREEMENT
(A signed Pre -Annexation Agreement will be inserted once executed)
14
11
1111111
11
u
Doc ID. 008077790015 Type GEN
Kind: AGREEMENT
Recorded: 08/25/2014 at 04:10:14 PM
Fee Amt: $77.00 Page 1 of 15
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2014-00009325
Prepared by Barry A. Lindahl, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
ROYAL OAKS DEVELOPMENT CORPORATION
is Pre -Annexation, Agreement (the "Agreement"), dated for reference purposes
the 'day of , 2014, is made and entered into by and between the
City of Dubuque, Iowa ("City") and Royal Oaks Development Corporation ("Owner").
Whereas, Owner is the legal owner of real estate legally described as
AH of Lot A and Lots 31 thru 42 inclusive, in Silver Oaks Estates
Subdivision, Dubuque County, Iowa and Lot 2 of Walter Metcalf Place, In
Section 23, T88N, R2E of the 5th 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 contiguous to the
corporate city 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 provide for the harmonious
development of City, would enable City to control the development of the area and
would serve the best interests of City.
070214ba1
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.
2441
SEC ION 2. ERM. The term of this Agreement is from the day of
1.9/2Sc- 2014 until the annexation of the Real Estate to City is final.
SECTION 3. DONATION OF LAND TO CITY. By not later than September 1, 2014
(the Closing Date), Owner agrees to convey to City for $1.00 the real estate shown on
Exhibit C (the Booster Station Lot).
3.1. Seller shall pay any unpaid real estate taxes payable for fiscal year 2012-2013 and
prior years for the Booster Station Lot. Seller shall also pay real estate taxes for fiscal
year 2013-2014 prorated to the date of closing. City shall pay all subsequent real estate
taxes. Any proration of real estate taxes on the Booster Station Lot shall be based upon
such taxes for the year currently payable unless the parties state otherwise.
3.2. Seller, at its expense, shall promptly obtain an abstract of title to the Booster
Station Lot Real Estate continued through the date of this Agreement, and deliver it to
City for examination. It shall show merchantable title in Seller in conformity with this
agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract
shall become the property of City at Closing. Seller shall pay the costs of any additional
abstracting and title work due to any act or omission of Seller, including transfers by or
the death of Seller or its assignees.
3.3. At Closing, Seller shall convey the Booster Station Lot to City for $1.00, by
Warranty Deed, free and clear of all liens, restrictions, and encumbrances.
SECTION 4. CONSTRUCTION OF BOOSTER STATION. City will construct a
booster station on the Booster Station Lot.
SECTION 5. 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.
2
SECTION 6. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 7. 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%).
SECTION 8. CITY UTILITY SERVICES.
8.1. Owner shall be responsible for the construction, maintenance and operation of all
utility improvements on the Real Estate.
8.2. Owner will have the right to connect the Real Estate to City's sanitary sewer
system and water system when such systems are available, subject to such rates and
connection charges as may be established by City for such services; provided,
however, that if Owner elects to connect the Real Estate to the City's sanitary sewer
system or water system before the Real Estate is annexed, Owner shall pay such rates
and connection charges as may be established by City for connection to the City's
sanitary sewer service or water system outside the corporate limits of the City of
Dubuque.
8.3. Owner acknowledges that when connecting to the City water system, that water
system (called the third pressure zone) can supply adequate water pressure to an
elevation of 905'. If Owner desires water service above that elevation mark, Owner
agrees to install, at Owner's sole cost, a booster station according to all applicable
codes.
SECTION 9. 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.
3
SECTION 10. 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 11. DEFAULT.
11.1. 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.
11.2. 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 12. 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
Royal Oaks Development Corporation
A. J. Spiegel
8650 Enterprise
Peosta, IA 52068
4
SECTION 13. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City of Dubuque, Iowa in its sole discretion.
CITY OF DUBUQUE, IOWA
By:
66,1e)
ti,
Roy D. Bol, Mayor
ATTEST:
ROYAL OAKS DEVELOPMENT
CORPORATION
By: a
A. J
Kevin . irnsta I, Cy- erk
On this /' day of 4/.d� w , 20 , before me a Notary Public in and
for said County, personally/appeared Roy D. uoI and Kevin S. Firnstahl to me
personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was
signed and sealed on behalf of said Municipal Corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said Municipal Corporation by it voluntarily executed.
TRISH L. GLEASON
"'914 t Commission Number 719986
My Commission Expires
Notary Public in and for Dubuque County, Iooha- I '- aL1
On this ?r/ day of J%A / , 2014, before me, a Notary Public in and for said
state personally appeared A. J. Spiegel known to me to be the person(s) named in and
who executed the foregoing instrument, and acknowledge that he executed the same as
his voluntary act and deed.
•
1
1HOMA$ J. ALLENDORF'
NolaelaJ' SO1 - IoWo
rAiiiimisiiion # 71027
•0
5
State of Iowa
My Commission expires
ATTACHMENTS
EXHIBIT A: Legal Description and Map Of Area To Be Annexed
EXHIBIT B: Petition for Annexation
EXHIBIT C: Booster Station Lot
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
All of Lot A and Lots 31 thru 42 inclusive, in Silver Oaks Estates Subdivision, Dubuque
County, Iowa and Lot 2 of Walter Metcalf Place, In Section 23, T88N, R2E of the 5th
P.M. in Dubuque County, Iowa
7
111ECIIY0) J_
DUB E
EXHIBIT A
ELMWOOD DR.=
EXISTING
CORPORATE LIMITS
CITY OF DUBUQUE
AREA
TO BE
ANNEXED
01.1210.1.16
LEGAf. DESCRIPTION OF LANDS MBE ANNEXED:
ALOE LOTA AND L ?TS 31 T1(RU 42 INCLUSIVE INS/EVER
OAKS ESTATES SUBDI) ISION, DUBUQUE COUNT) IOWA, AND
LOT2 OF WA TER METCALF PLACE. IN SECTION 23, T1I4N, R25
OF TILE 5111 P.M ., IN DU011QUE COUNTY, IOWA
DAGIS
1 inch = 500 feet
500 250 0 500 Feet W
AREAS TO BE ANNEXED
Map Proofed lrW
CAy of Dubuque
Engineering DiVe)n
50 West 13th Street
Dubuque, town 52001
Phene: (563) 5894270
Fax: (563) 589-4205
8
EXHIBIT B
PETITION FOR ANNEXATION
9
DATE FILED
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 Map of Area
To Be Annexed.
2. The Real Estate is contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Map of Area To Be Annexed.
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, Exhibit B, 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 , 2014.
Telephone: 563- Telephone: 563 -
Subscribed and sworn before me this
Notary Public
day of , 2014.
ATTACHMENTS:
EXHIBIT A: Legal Description and Map Of Area To Be Annexed
EXHIBIT B: Pre -Annexation Agreement
10
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
All of Lot A and Lots 31 thru 42 inclusive, in Silver Oaks Estates Subdivision, Dubuque
County, Iowa and Lot 2 of Walter Metcalf Place, In Section 23, T88N, R2E of the 5th
P.M. in Dubuque County, Iowa
12
EXHIBIT A
LEGAL DESCRfP71ON OF LANDS TO BE ANT, EXED.-
ALL OF LOT A AND LOTS 31 THRU 42 INCLUSIVE LW SILVER
OAKS ESTATES SUBDIVISION, DUBUQUE COUNTY IOWA, AND
LOT ° OF WALTER METCALF PLACE. IN SECTION 23, TSSN R2L
OF TILE STI! P.L.:4TV DLIIIUQUL COUNTY, IOWA
DAGIS
EXiS'TING
CORPORATE LIMITS
CITY OF DUBUQUE
AREA
TO BE -
ANNEXED
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the. asto or tto,241s MAO, U.. ta
_ �mwtsw*w..,u•w+.ra wr. M,�r«r:••rma•�
inch = 500 feet
500 250 0 502 Fe=
s
AREAS TO BE ANNEXED
Hap Prepared by:
City N Dubuque
Engineering Division
50 West 13 Street
Dubtx)ue, hraa 52001
Phone: (563) 5594270
Fax: (5E3) 559-4205
13
EXHIBIT B
PRE -ANNEXATION AGREEMENT
(A signed Pre -Annexation Agreement will be inserted once executed)
EXHIBIT C
BOOSTER STATION LOT
15
EXHIBIT C
PREPARED BY; Den HIngteen, L,5, 14652
S & OD. 1701 Flouts 35 North
East Dubutpo, IL 51
al, M15)7474533
PRELIMINARY PLAT OF SURVEY
for
A TRACT OF LAND LOCATED IN LOT A DF SILVER OAKS ESTATE IN THE SOUTHEAST QUARTER (SE 1/4)
OF SECTION 23, TOWNSHIP 83 NORTH, RANGE 2 EAST OF THE 5th PRINCIPAL MERIDIAN,
DUBUQUE COUNTY, IOWA
PROPERTY WINER:
Royal Coke Development Corp
SURVEY REQUESTED Elt,
City of Dubuque
FIELD SURVEY CONDUCTED ON:
05/14/13
NW CORNER
55 1/4
SECTION 23
TE1BN,R 2 E
Folk %der. deed
Tloo to EotoldlaN
s
1SO.
oo
N 88°01"33" E
76.79'
SW CORNER
SE 114
SECTION 23
T88N,R2E
Fd. Meg NMI to
evencit Pine:sant
1,00
ACRE
N Sfir 1712" E
180.00.
DDT ROW
traffe)
LOT A
SILVER OAKS
ESTATES
0
"" 05
05 //
BOOSTER STATION LOT
LOT 1 OF 2
SW 1/4
SE 1/4
N 88'1436" E
SW 114
SE 1/4
hereby aertify that mit 0100 ur,065rtg document was
ormarerl 0n4 the related survey work wee nerf prised by
mo or under my direct personal superyision and that I
orn a duly beamed Land 'Surveyor soder thelaws of the
Siete of Iowa.
265547
PRELIMINARY SURVEY DESCRIPTION
A TRACT OF LAND LOCATED IN LOT A OF SILVER OAKS
ESTATE IN THE SOUTHEAST QUARTER (SE 1/4) OF
SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF
THE 5th PRINCIPAL MERIDIAN, DUBUQUE COUNTY,
IOWA, AND MORE COMPLETELY DESCRIPTION AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST (sW) CORNER OF THE
SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 23;
THENCE N 015827" W 242,31 FEET ALONG THE WEST LINE
OF SAID SE 4/4; THENCE N 88'01'33 E 78,70 FEET TO
THE NW CORNER OF LOT 1 OF LOT 2 OF THE 0111 1/4 OF
THE SE 1/4 OF SAID SECTION 23, SAID POINT ALSO BEING
ON THE EAST RIGHT-OF-WAY LINE OF VS HIGHWAY 61 AND
THE POINT OF BEGINNINGTHENCE N 86'17'12 E 160.00
FEET ALONG THE NORTH LINE OF SAID LOT 1 OF LOT 2 AND
ITS EASTERLY EXTENSION; -HENCE N 08'4101" W 24180
FEET; THENCE 5 38111e W 180.00 FEET TO A POINT Citi
THE EAST LINE OF SAID RIGHT-OF-WAY UNE; THENCE S
084.1.01" E 243.80 FEET ALONG SAID RIGHT-OF-WAY UNE
TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 1.00
ACRE INCLUDING AND SUBJECT TO ALL EASEMENTS OF
RECORD.
NOTE: THE %EST LINE OF THE SE 1/4 is ASSUMED TO BEAR
h1 01-5827'
SE CORNER
SECTION 23
ISBN, R2 E
Ft 1/2' RAW V
*Nom Cap 54,117
PLAT OF SURVEY
Drown b$ 0,100 10-000 se.:725410
Drawing Mtn 4e126/14
Irdolhot 10400, 01 1427Z1.617-1400 'Fd/5055,01w7/1000y 00U*o01oo
Dan Hingtgen, Land Surveyor Dale
License merino- 14652
My registratfert renewal date le December 31, 2014
Pages or chests covered by this seal.
16
LEGEND
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ET -9.0007 g,017c,V1
A2
SEC01261 CONES
0 F(:"° 011';',001''0
,.,,,,,,)
1104 HELD MEASUREMENT
(r5o7 PAERIOUSLY RDOMEO
-0- FENCE UNE
SURVEVES TRACE
SCALE = 130'
o 301e 711' tsar
Sitreg Leerier.
SHEET 1 of 2
Prepared by: Laura Carstens, City Planner, Address: 50 W. 13th St. Phone: 589-4210
Return to: Laura Carstens, City Planner, Address: 50 West 13th St., Phone: 589-4210
RESOLUTION NO. 244-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THECITYOF DUBUQUE,
IOWA AND ROYAL OAKS DEVELOPMENT CORPORATION
Whereas, Royal Oaks Development Corporation is the owner of the following
described property in Dubuque County, Iowa (the Property) and have submitted to the
City Council of the City of Dubuque an application for voluntary annexation of the
Property to the City of Dubuque:
All of Lot A and Lots 31 thru 42, inclusive, in Silver Oaks Estates Subdivision, Dubuque
County, Iowa and Lot 2 of Walter Metcalf Place, in Section 23, T88N, R2E of the 5th
P.M. in Dubuque County, Iowa.
; and
Whereas, Royal Oaks Development Corporation 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 promot-e 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 Royal Oaks
Development Corporation and the City of Dubuque is hereby approved.
Passed, approved and adopted this 18th day of August 2014.
D
Roy D. Buol, Mayor
ATTEST:
Kevin Firnstahl, City '*Ierk
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. 244-14 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 August, 2014.
Kevi -- S. Firnsta
(SEAL)
, City Clerk
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre -Annexation Agreement - Royal Oaks Development Corporation
DATE: August 12, 2014
Planning Services Manager Laura Carstens recommends City Council approval of a
Pre -Annexation Agreement with Royal Oaks Development Corporation and
authorization for the Mayor to sign the agreement on behalf of the City of Dubuque.
The Pre -Annexation Agreement facilities the acquisition of property by the City of
Dubuque for construction of a booster station as part of the project to extend water and
sanitary sewer service to the Airport.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
.1,/1144Ute„
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 CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
Inolkyr
2001 • 2012 • 2013
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre -Annexation Agreement — Royal Oaks Development Corporation
DATE: August 12, 2014
INTRODUCTION
This memorandum transmits for City Council review and approval a pre -annexation
agreement with Royal Oaks Development Corporation, property owner, for property
located along U.S. Highway 61 south of Dubuque in Dubuque County. The pre-
annexation agreement facilitates the acquisition of property by the City of Dubuque for
construction of a booster station as part of the project to extend water and sanitary
sewer service to the Airport. The agreement and related materials are attached.
DISCUSSION
The attached pre -annexation agreement between the City of Dubuque and Royal Oaks
Development Corporation facilitates the acquisition of a parcel of land, Lot 2 Walter
Metcalf Place, to provide a location for the construction of a booster station which is part
of the City's project of extending municipal water and sewer to the Airport. The
agreement also provides for the future annexation of Lot A and Lots 31 thru 42,
inclusive, in Silver Oaks Estates to the city of Dubuque. The subject property is not
currently within the City of Dubuque corporate limits.
The agreement provides for the abatement of the City portion of property taxes over a
10 -year time frame once the parcels are annexed to the city of Dubuque.
RECOMMENDATION
I recommend that the City Council approve the pre -annexation agreement between the
City of Dubuque and Royal Oaks Development Corporation and authorize the Mayor to
sign the agreement on behalf of the City of Dubuque.
Enclosures
Prepared by Kyle L. Kritz, Associate Planner
cc: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Kyle Kritz, Associate Planner
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
kerd
111-1118110 CP/
I I lel
2007 • 2012 • 2013
Location Map
Applicants: Royal Oaks Development Corp
Location: U.S. Highway 61 / 151
Description: Pre -Annexation Agreement
TA.t , . • . , . . . . • • • . - • ‘ • ' 4 I '/
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C GIS Pafh• 1-1.1Planninn Services\EVB\ArCGISMaDS\Vicinity Map_ US151Corridor.mxd
base uaia rluviued uy Dubuque aunty
Legend
Royal Oaks Development Corp
DISCLAIMER: This information was compiled using the
Dubuque Area Geographic Information System (DAGIS), which
includes data created by both the City of Dubuque and
Dubuque County. It is understood that, while the City of
Dubuque and participating agencies utilized the most current
and accurate inform non available, DAGIS and its suppliers do
not warrant the accuracy or currency of the information or data
contained herein. The City and partidpatlng agencies shall not
be held fable for any drect, Indirect, incidental, consequential,
punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized
use of this data or the inability to use this data or out of any
breach of warranty whatsoever.
1:12,000 NORTH
Prepared by Barry A. Lindahl, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
ROYAL OAKS DEVELOPMENT CORPORATION
is Pre- nexatio Agreement (the "Agreement"), dated for reference purposes
the 'day of `? , 2014, is made and entered into by and between the
City of Dubuque, Iowa ("City") and Royal Oaks Development Corporation ("Owner").
Whereas, Owner is the legal owner of real estate legally described as
All of Lot A and Lots 31 thru 42 inclusive, in Silver Oaks Estates
Subdivision, Dubuque County, Iowa and Lot 2 of Walter Metcalf Place, In
Section 23, T88N, R2E of the 5th RM. 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 contiguous to the
corporate city 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 provide for the harmonious
development of City, would enable City to control the development of the area and
would serve the best interests of City.
070214bal
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.
az
SEC ION 2. ERM. The term of this Agreement is from the day of
% , 2014 until the annexation of the Real Estate to City is final.
SECTION 3. DONATION OF LAND TO CITY. By not later than September 1, 2014
(the Closing Date), Owner agrees to convey to City for $1.00 the real estate shown on
Exhibit C (the Booster Station Lot).
3.1. Seller shall pay any unpaid real estate taxes payable for fiscal year 2012-2013 and
prior years for the Booster Station Lot. Seller shall also pay real estate taxes for fiscal
year 2013-2014 prorated to the date of closing. City shall pay all subsequent real estate
taxes. Any proration of real estate taxes on the Booster Station Lot shall be based upon
such taxes for the year currently payable unless the parties state otherwise.
3.2. Seller, at its expense, shall promptly obtain an abstract of title to the Booster
Station Lot Real Estate continued through the date of this Agreement, and deliver it to
City for examination. It shall show merchantable title in Seller in conformity with this
agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract
shall become the property of City at Closing. Seller shall pay the costs of any additional
abstracting and title work due to any act or omission of Seller, including transfers by or
the death of Seller or its assignees.
3.3. At Closing, Seller shall convey the Booster Station Lot to City for $1.00, by
Warranty Deed, free and clear of all liens, restrictions, and encumbrances.
SECTION 4. CONSTRUCTION OF BOOSTER STATION. City will construct a
booster station on the Booster Station Lot.
SECTION 5. 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.
2
SECTION 6. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 7. 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%).
SECTION 8. CITY UTILITY SERVICES.
8.1. Owner shall be responsible for the construction, maintenance and operation of all
utility improvements on the Real Estate.
8.2. Owner will have the right to connect the Real Estate to City's sanitary sewer
system and water system when such systems are available, subject to such rates and
connection charges as may be established by City for such services; provided,
however, that if Owner elects to connect the Real Estate to the City's sanitary sewer
system or water system before the Real Estate is annexed, Owner shall pay such rates
and connection charges as may be established by City for connection to the City's
sanitary sewer service or water system outside the corporate limits of the City of
Dubuque.
8.3. Owner acknowledges that when connecting to the City water system, that water
system (called the third pressure zone) can supply adequate water pressure to an
elevation of 905'. If Owner desires water service above that elevation mark, Owner
agrees to install, at Owner's sole cost, a booster station according to all applicable
codes.
SECTION 9. 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.
3
SECTION 10. 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 11. DEFAULT.
11.1. 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.
112. 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 12. 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 13'h Street
Dubuque, Iowa 52001
Royal Oaks Development Corporation
A. J. Spiegel
8650 Enterprise
Peosta, IA 52068
4
SECTION 13. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City of Dubuque, Iowa in its sole discretion.
CITY OF DUBUQUE, IOWA
By:
Roy D. Bol, Mayor
ATTEST:
Kevin . Firnsta I, C ' erk
ROYAL OAKS DEVELOPMENT
CORPORATION
On this day ofd" , 20,, before me a Notary Public in and
for said County, personally ap6eared Roy D. Buol and Kevin S. Firnstahl to me
personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was
signed and sealed on behalf of said Municipal Corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said Municipal Corporation by it voluntarily executed.
(12,,&-iczy
�-,
TRISH L. GLEASON
OvAll Cornmission Number 719986
My Commission Expires
Notary Public in and for Dubuque County, log, L. f a')a'
On this ?rel day of •Tt, 4y , 2014, before me, a Notary Public in and for said
state personally appeared A. J. Spiegel known to me to be the person(s) named in and
who executed the foregoing instrument, and acknowledge that he executed the same as
his voluntary act and deed.
THOMAS J ALLENDORF'
I Notcfeial Sial - Iowa
inriulon Al 71'6727
t Commission E>lr 1111
Notary ublic in t
State of Iowa
My Commission expires -sy.2
ATTACHMENTS
EXHIBIT A: Legal Description and Map Of Area To Be Annexed
EXHIBIT B: Petition for Annexation
EXHIBIT C: Booster Station Lot
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
All of Lot A and Lots 31 thru 42 inclusive, in Silver Oaks Estates Subdivision, Dubuque
County, Iowa and Lot 2 of Walter Metcalf Place, In Section 23, T88N, R2E of the 5th
P.M. in Dubuque County, Iowa
111ECIIY0) J_
DUB E
EXHIBIT A
ELMWOOD DR.=
EXISTING
CORPORATE LIMITS
CITY OF DUBUQUE
AREA
TO BE
ANNEXED
01.1210.1.16
LEGAf. DESCRIPTION OF LANDS MBE ANNEXED:
ALOE LOTA AND L ?TS 31 T1(RU 42 INCLUSIVE INS/EVER
OAKS ESTATES SUBDI) ISION, DUBUQUE COUNT) IOWA, AND
LOT2 OF WA TER METCALF PLACE. IN SECTION 23, T1I4N, R25
OF TILE 5111 P.M ., IN DU011QUE COUNTY, IOWA
DAGIS
1 inch = 500 feet
500 250 0 500 Feet W
AREAS TO BE ANNEXED
Map Proofed lrW
CAy of Dubuque
Engineering DiVe)n
50 West 13th Street
Dubuque, town 52001
Phene: (563) 5894270
Fax: (563) 589-4205
8
EXHIBIT B
PETITION FOR ANNEXATION
9
DATE FILED
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 Map of Area
To Be Annexed.
2. The Real Estate is contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Map of Area To Be Annexed.
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, Exhibit B, 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 , 2014.
Telephone: 563- Telephone: 563 -
Subscribed and sworn before me this
Notary Public
day of , 2014.
ATTACHMENTS:
EXHIBIT A: Legal Description and Map Of Area To Be Annexed
EXHIBIT B: Pre -Annexation Agreement
10
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
All of Lot A and Lots 31 thru 42 inclusive, in Silver Oaks Estates Subdivision, Dubuque
County, Iowa and Lot 2 of Walter Metcalf Place, In Section 23, T88N, R2E of the 511'
P.M. in Dubuque County, Iowa
12
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Dus
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1 IVA f. DESCRIPTION OF (ADS TO PE ANEXED.
E EXHIBIT A. misE,:mr,:: SUBDIVISION, DUMAN/E. COUNT) IOWA AND
ALI OF LOT A A Nr. /01-3 31 DIRII -VINCI I/IIT I.\'SILSTE
LOT 2 OF WALTER METCALF PLACE. IN SECTION .1, TSSN, FIE
OF THE .5111 P. AL, 1N. DUBUOLIE COUNT 1. fOIVA
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ELMWOOD OR.— —
EXISTING
CORPORATE LIMITS
CITY OF DUBUOUE
AREA
TO BE
ANNEXED
Oat, 11.,••••-• ; ;
tVf"..7tt
SILVER OAKS
ESTATES
SUBDIVISION
• LOT A
SILVER OAKS ESTATES •
SUBDIVISION
•
.1 inch = 500 feel
500 250 0 5C0 Fe4t W ' E
Cnim=1=11Ei
AREAS TO BE ANNEXED
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Ccl Chibnie
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50 We31 Mit Street
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13
EXHIBIT B
PRE -ANNEXATION AGREEMENT
(A signed Pre -Annexation Agreement will be inserted once executed)
14
EXHIBIT C
BOOSTER STATION LOT
15
EXHIBIT C
PREPARED BY: Dan HIool30n, L.S. 14052 WHKS & co, 1701 floulo 35 Nota East Oubuq.io, IL 01025 Tol, (816)7474833
PRELIMINARY PLAT OF SURVEY
for
ATRACT OF LAND LOCATED IN LOT A OF SILVER OAKS ESTATE IN THE SOUTHEAST QUARTER (SE 114)
OF SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 511) PRINCIPAL MERIDIAN,
DUBUOUE COUNTY, IOWA
PROPERTY OMER.
Nokel O40 D0.0lcysment Cala
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City of Dubaque
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2658.47'
PRELIMINARY SURVEY DESCRIPTION
A TRACT OF LAND LOCATED IN LOT A OF SILVER OAKS
ESTATE IN THE SOUTHEAST QUARTER (SE 114) OF
SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF
THE 5th PRINCIPAL MERIDIAN, DUBUQUE COUNTY,
IOWA, AND MORE COMPLETELY DESCRIPTION AS
FOLLOWS;
COMMENCING AT THE SOUTHWEST (SW) CORNER OF THE
SOUTHEAST OJARTER (5E 1/4) OF SAID SECTION 23;
THENCE N 01'58'27' 00 242.31 FEET ALONG THE ':EST LINE
OF SAID 5E 1/4; THENCE 11 88'01'33' E 78.79 FEET TO
THE NW CORNER OF LOT 1 OF LOT 2 OF THE SW 1/4 OF
THE 5E 1/1 OF SAID SECTION 23, 5010 POINT ALSO BEING
ON THE EAST RIGHT—OF—WAY LRE of US HIGHWAY 01 AND
THE POINT OF BEGINNING; THENCE N 88'17'12' E 180.00
FEET ALONG THE NORTH UNE OF SAID LOT 1 OF LOT 2 AND
ITS EASTERLY EXTENSION; THENCE N 08.41'011 00 243.80
FEET; THENCE S 80'1712' 1Y 180.00 FEET TO A POINT QN
THE EAST LINE OF SAID RIGHT—CF—WAY UNE; THENCE S
08'41'01' E 243.80 FEET ALONG SAID RIGHT—OF—SAY UNE
TO 111E POINT OF BEGINNING, SAID TRACT CONTAINS 1.00
ACRE INCLUDING AND 511B.ECT TO AU. EASEMENTS OF
RECORD.
NOTE THE VEST LINE OF 1)(E SE 1/4 IS ASSUMED TO 6EAL(
N 01'50'27' 00.
SECORNER
-
SECTION 23
TBBN,R2E
FJ. 1/2' 01001 0/
7,11,. Sop 04417
LEGEND
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DANIEL J. :
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Pages ar dleets cosercd by tils seol:
1 I,neby er1111/ that 00. Iona 0Jlvelmg 0,Nlnent was
Prepared and tic related sunxy work woo performed by
mo er urdor my dbeetonionl aopenisicn and Nat
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a duly Ilcerd Lord Survey.,r ander 11,e lows of the
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16
Prepared by: Laura Carstens, City Planner, Address: 50 W. 13th St. Phone: 589-4210
Return to: Laura Carstens, City Planner, Address: 50 West 13th St., Phone: 589-4210
RESOLUTION NO. 244-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THECITYOF DUBUQUE,
IOWA AND ROYAL OAKS DEVELOPMENT CORPORATION
Whereas, Royal Oaks Development Corporation is the owner of the following
described property in Dubuque County, Iowa (the Property) and have submitted to the
City Council of the City of Dubuque an application for voluntary annexation of the
Property to the City of Dubuque:
All of Lot A and Lots 31 thru 42, inclusive, in Silver Oaks Estates Subdivision, Dubuque
County, Iowa and Lot 2 of Walter Metcalf Place, in Section 23, T88N•, R2E of the 5th
P.M. in Dubuque County, Iowa.
; and
Whereas, Royal Oaks Development Corporation 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 Royal Oaks
Development Corporation and the City of Dubuque is hereby approved.
Passed, approved and adopted this 18th day of August 2014.
0,
Roy D. Buol,/Mayor
ATTEST:
Kevin Firnstahr(, City `''lerk
PETITION FOR ANNEXATION
DATE FILED
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 Map. of Area
To Be Annexed.
2. The Real Estate is contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Map of Area To Be Annexed.
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, Exhibit B, 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 3rd day of July, 2014.
e
Royaf Oak e
opment Corporation
A.J. Spiegel
8650 Enterprise
Peosta, IA 52068
Telephone: 563-556-7484
Subscribed and sworn before me this 3rd day of July, 2014.
Notary lic
ATTA MENTS:
EXHIBIT A: Legal Description and Map Of Area To Be Annexed
EXHIBIT B: Pre -Annexation Agreement
THOMAS J ALLENOORF
' Commission Number 716727
IF My Co dp7E:plrei
10
Kevin Firnstahl - Royal Oaks Pre -Annexation
From: Tracey Stecklein
To: CARSTEN, LAURA; Kritz, Kyle
Date: 7/17/2014 2:08 PM
Subject: Royal Oaks Pre -Annexation
CC: Firnstahl, Kevin; Lindahl, Barry; Quann, Maureen
Page 1 of 1
FYI:
Barry asked that our office hold on to the original Pre -Annexation Agreement and original Petition For
Annexation, both executed by AJ, until it is decided onto what City Council agenda these items will be placed.
Thank you.
file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/53 C7D8CCDBQ... 7/17/2014