Key City Properties, LLC Pre-Annexation AgreementTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Key City Properties Pre -Annexation Agreement
DATE: September 8, 2014
Dubuque
band
AI -America City
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2007 • 2012 • 2013
Planning Services Manager Laura Carstens recommends City Council approval of Key
City Properties, LLC 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
IA/1144 ,,,,,
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
THC CITY OF
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager c`
Pre -Annexation Agreement — Key City Properties, LLC
September 4, 2014
Dubuque
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INTRODUCTION
This memorandum transmits for City Council review and approval, a pre -annexation
agreement with Key City Properties, LLC, property owner, in conjunction with their
request for approval of a Final Plat in Dubuque County. The agreement and related
materials are attached.
DISCUSSION
The subject property is located within two miles of the City's corporate limits, and as
part of approving the Final Plat, 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 ten-year transition in City's share of property
taxes as an incentive.
This property is already served by rural water. Consequently, Legal staff has removed
the standard section on City water service from the agreement. Legal staff also advised
that the covenants pertaining to water service and assessment of costs of
improvements were not necessary for this agreement.
RECOMMENDATION
I recommend that the City Council approve the Key City Properties, LLC 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
Bob Green, Water Department Manager
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Base Data Provided by Dubuque County GIS Path: H:IPlanning Services\EVBIArcGISMaps\Viicinity Map_KeyCity.mxd
THE CITY OF
Dui
E
Masterpiece on the Mississippi
Location Map
Dubuque
AIlmerieaCif,
1111
2007 • 2012 • 2013
Applicants: Key City
Location: Royal Wood Drive
Description: Pre -Annexation Agreement
Legend
Royal Wood Drive
City Limits
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 information available, DAGIS and its suppliers do
not warrant the accuracy or currency of the information or data
contained herein. The City and participating agencies shall not
be held liable for any direct, 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.
1:24,000 NORTH
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. 288-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND KEY CITY PROPERTIES, LLC
Whereas, Key City Properties, LLC, the owner of the following described property
in Dubuque County, Iowa (the Property) has submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 12 of Key City Subdivision, Section 13, T88N, R1 E of the 5th P.M. in Dubuque
County, Iowa.
; and
Whereas, Key City Properties, LLC 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 Key City Properties,
LLC and the City of Dubuque is hereby approved.
Passed, approved and adopted this 15th day of September, 20
ATTEST:
By:
K!vin S. Firns(ahl, i'y Clerk
0
Roy D!: uol, Mayor
INNVIINNIVNYIYIIIYI IYIIII IVIIIpII1111MM
Doc ID 008091390018 Type GEN
Kind AGREEMENT
Recorded: 09/17/2014 at 02:23:31 PM
Fee Amt: $92.00 Page 1 of 18
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014-00010334
Prepared by: Laura Carstens, City Planner, City Hall, 50 W. 13th St., Dubuque, IA
Return to preparer.
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KEY CITY PROPERTIES, LLC
Tis Pre -annexation Agreement (the "Agreement) dated for reference purposes
the day of Lel2014, is made and entered into by and between the
City of Dubuque, Iowa ("City") and Key City Properties, LLC ("Owner")
Whereas, Owner is the legal owner of real estate legally described as:
LOT 12 OF KEY CITY SUBDIVISION, SECTION 13, T88N, R1E, OF THE 5T1 P.M.
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 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
f.�
ci2p°
City Clerk
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.
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED
AS FOLLOWS:
SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This
Agreement is made pursuant to and in accordance with the provisions of Iowa Code
Chapter 368. The foregoing preambles and recitations are made a part of this
Agreement.
SECTION 2. TERM. The term of this Agreement is from the �J day o
2014 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
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%).
SECTION 6. OTHER CITY SERVICES. Upon annexation, Owner, Owner's heirs,
successors and assigns, including but not limit 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, the Owner agrees that by execution of this Agreement, Owner, the Owner's
heirs, successors and assigns, including subsequent purchasers of the Real Estate, and
each of them shall pay and are bound to pay the City the costs of the aforesaid
improvements assessed to the Real Estate, by action of the governing body of the City,
after notice of hearing as provided by Iowa Code Section 384.50, the provisions of Iowa
Code Section 384.38 notwithstanding.
SECTION 7. 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 8. EFFECT ON INVALID PROVISION. If any provision of the agreement is
held invalid, such invalidity shall not affect any of the other provisions contained herein.
SECTION 9. DEFAULT.
9.1 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.
9.2 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 observe of any obligation, agreement,
or covenant under this Agreement.
SECTION 10. 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: City of Dubuque
City Clerk
50 W. 13th Street
Dubuque IA 52001
If to Owner: Key City Properties, LLC
Mike Stecher
PO Box 753
Dubuque IA 52004-0753
SECTION 11. COUNCIL APPROVAL. This agreement is subject to final approval of
the City of Dubuque, Iowa in its sole discretion.
CITY OF DUBUQUE, IOWA OWNER
BY:
12
BY:
Roy D. ol, Mayor Mike Stecher
Key City Properties, LLC
ATTEST:
City Clerk
On this/ day of , 2014, before me, a Notary Public in and
for said state, personallyappeared Roy a Buol and Kevin S. Firnstahl, known to me to
be the person(s) named in and who executed the foregoing instrument, and
acknowledged that they executed the same as their voluntary act and deed.
PAMELA J. McCAIRROIM
Commission Number 772419
My Comm. Exp. 4-5-26L
Notary Public i e State of Iowa
My Commission expires
On this 9day of 4 , 2014, before me, a Notary Public in and
for said state personally appe-d-d Mike Stecher, known to me to be the person(s)
named and who executed the foregoing instrument, and acknowledge that they
executed the same as their voluntary act and deed.
PAMELA J. MwCARRON
Commission Number 772419
My Comm.
Notary Public in th .tate of Iowa
My Commission expires
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
LOT 12 IN KEY CITY SUBDIVISION, SECTION 13, TIM, R1 E OF THE STH P.M.
DUBUQUE COUNTY IA
11
THE CM( OF
DUB E
Masterpiece an the Mississippi
EXEMITA
LEGAL DESCRIPTION OF LAND TO BE ANNEXED:
Lot 12 in Key City Subdivision, Section 13, T88N, R1E,
of the 5th Pin., Dubuque Country, Iowa
Parcel I.D. No: 1413128004
1 pree.et eI
bLIVpVCAlU O:J4. 1411C InrCIMTIO, SRitn
LOT 1 W 1/2 NW & PARCEL B
LOT 2
LOT 1
KEY CITY
SUB.
LOT 11
LOT 10
LOT 9
LOT 1 NW NE
SEC. 13 T88N R1E
AREA
TOO 75.3-F
L,, N Nor EX E D
LOT 2 W 1/2 NW
SEC. 13 T88N R1E
DISCLAIMER: This Information war. compiled
using the Dubuque Area Geographic Informotlon 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 utllleed the
most current and accurate Information available. DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. Tho City and participating
agencies shall not bd held liable for any diract, indirect, Incidental,
sequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unouthoriged use of
this data or the Inability to use this data or out of any broach of
warranty whatsoever.
N
1 inch = 400 feet
425 212.5 0
425 Feet W
S
SW NE EXC LOT 1 SW NE
SEC. 13 T88N R1E
AREA TO BE ANNEXED
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589-4205
EXHIBIT B
PRE -ANNEXATION AGREEMENT
EXHIBIT B
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 referred to as the "Real Estate." See attached Exhibit
A: Legal description and Plat of Annexation. The Real Estate is further identified
as parcel number
2. The Real Estate is not situated within the limits of any municipality, but is
contiguous to the city of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Plat of Annexation.
The Petitioners respectfully request:
1. That the above-described Real Estate be annexed to the city of Dubuque by
resolution of the Mayor and City council of the city of Dubuque, Iowa pursuant to
Chapter 368 of the Code of Iowa.
2. That such other action may be taken as is appropriate in the premises.
made in susupplementary material, and all attached documents statementstitioners, hereby state that the preceding 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, 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.
Address:
Subscribed and sworn before me this day of
Notary Public in and for the State of Iowa
My Commission expires:
Attachments:
Exhibit A: Legal Description and Plat of Annexation
Exhibit B: Pre -Annexation Agreement
2014.
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
LOT '12 IN KEY CITY SUBDIVISION, SECTION 13, T88N, RIE OF THE 5TH P.M.
DUBUQUE COUNTY IA
V/
THE CITY OR
DUB
Masterpiece an the Mississippi
dY-20
LEGAL DESCRIPTION OF LAND TO BE ANNEXED:
Lot 12 in Key Citi] Subdivision, Section 13, T88N, R1E,
of the 5th Parc., Dubuque County, Iowa
Parcel I.D. No: 1413128004
..1JJ/ GIS f
PI WGYL MU arMOMMIIC niece ATIottroTlll
LOT 1 W 1/2 NW & PARCEL B
LOT 2
(
LOT 11
LOT 10
LOT 9
LOT 1 NW NE
SEC. 13 T88N R1E
LOT 1
KEY CITY
SUB.
LOT 2 W 1/2 NW
SEC. 13 T88N R1E
KEY CITY
PROPERTIES
PLAT NO. 3 - LOT 2
ARA
-O BE
ANNEX
SW NE EXC LOT 1 SW NE
SEC. 13 T88N R1E
DISCLAIMER: This information was compiled
sing 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 Dubuquo and participating ozonelos utilized the
most current and accurate Information available, DAGIS and
It's supplier do not warrant the accuracy or currency of tha
information or data contained herein. Tho Clay and participating
agencies shall not bd hold liable for any Wrath Indirect Incidental,
consequential, punitive, or special damages, whether Caramambia or
unforeseeable, arising out of the authorized -or unauthorized use of
this data or the Inability to use this data or out of any broach of
warranty whatsoever.
1 inch = 400 feet
425 212.5 0 425 Feet W
s
AREA TO BE ANNEXED
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, [owe 52001
Phone: (563) 589-4270
Fax: (563) 589-4205
EXHIBIT B
PREANNEXATION AGREEMENT
(A signed Pre -Annexation Agreement will be inserted once executed)
Base Data Provided by Dubuque County GIS
Path: H:\Planning Services\EVB\ArcGISMaps\Vicinity Map_KeyCity.mxd
Masterpiece on the Mississippi
Location Map
Dubuque,
bierd
Ai-Amedca City.
11 11
2007. 2012 • 2013
Applicants: Key City
Location: Royal Wood Drive
Description: Pre -Annexation Agreement
Legend
Royal Wood Drive
City Limits
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 information available, DAGIS and its suppliers do
not warrant the accuracy or currency of the information or data
contained herein. The City and participating agencies shall not
be held liable for any direct, 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,
1:24,000 NORTH
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. 288-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND KEY CITY PROPERTIES, LLC
Whereas, Key City Properties, LLC, the owner of the following described property
in Dubuque County, Iowa (the Property) has submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 12 of Key City Subdivision, Section 13, T88N, R1 E of the 5th P.M. in Dubuque
County, Iowa.
; and
Whereas, Key City Properties, LLC 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 Key City Properties,
LLC and the City of Dubuque is hereby approved.
Passed, approved and adopted this 15th day of September, 20
ATTEST:
By:
K!vin S. Firns(ahl, i'y Clerk
0
Roy D!: uol, 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. 288-14 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 16th day of September, 2014.
Keen S. Firnsta