Pre-Annexation Agreement - Larry McDermott, LT Investments, LLC Copyright 2014
City of Dubuque Consent Items # 20.
ITEM TITLE: Pre-Annexation Agreement - Larry McDermott
SUMMARY: City Manager recommending approval of the LT Investments, LLC Pre-
Annexation Agreement in accordance with the Fringe Area Development
Standards.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ LT Investments Pre-Annexation Agreement-MVM Memo City Manager Memo
❑ Laura memo Staff Memo
❑ vicinty map Supporting Documentation
❑ Pre-annex Agreement Resolution Resolutions
❑ pre-annexation agreement Supporting Documentation
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-LT Investments, LLC
DATE: December 8, 2014
Planning Services Manager Laura Carstens recommends City Council approval of the
LT Investments, LLC Pre-Annexation Agreement in accordance with the Fringe Area
Development Standards.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
Dubuque
THE CITY OF bVIVY1
DUB E �(��jr
Masterpiece on the Mississippi •�, .�
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre-Annexation Agreement—LT Investments, LLC
DATE: December 8, 2014
INTRODUCTION
This memorandum transmits for City Council review and approval, a pre-annexation
agreement with LT Investments, LLC, property owner, in conjunction with their request
for approval of Final Plat of Lot 1 and Lot 2 of McDermott Oil Place 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). The property is currently contiguous to the Dubuque
city limits, but the City does not want 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.
RECOMMENDATION
I recommend that the City Council approve the LT Investments, 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
THE CITY OF Dubuque
DUB E Cft
II �
Masterpiece on the Mississippi 2m,.2012.2D„
Vicinity Map
Applicants: LT Investments, LLC
Location: 10603 Woodgate Drive,
NATA Dubuque Co., IA
Description: Pre-Annexation Agreement
Legend
® Lot 2-1 of Miller Place
DISCLAIMER:This Information was compiled using the
Dubuque Area Geographic ItRonnatim System(DAGIS),which
includes data created by both the City of Dubuque and
Dubuque County. It Is understood that while the City of
Dubupue and partieipatl ng ingenues utilized the most current
antl accurate information evadable,DAGIS and its suppliers do
not warrent the accuracy or currency of the information or data
contained M1erein.The City and participating agencies shall not
be held ifich".ableforanydlrect out of
inddenial orun nsequetdal
pun ri or special damages,whether foreseeeble or
us fthis at arisingoutof Ina asethis data
unauthorized
use of this data or the Inability to use this data or out of arty
bream of wamnry,wnmscever.
1:10,000 NORTH
Base Data Provided by Dubuque County GIS Path:H:\Planning Services\EVB\ArcGISMaps\Ycinity Map_Lot 2-1 Miller Place.mi
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13m - St: (563)589-4210
Return to: Laura Carstens, City Planner Address: City Hall, 50 West 13LSt (563) 589-4210
RESOLUTION NO. 391-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND LT INVESTMENTS, LLC
Whereas, LT Investments, LLC, 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:
Lot 2-1 of Miller Place in the NW'/ of Section 23, T88N, R2E (Table Mound TWP)
of the 5th P.M. in Dubuque County, Iowa.; and
Whereas, LT Investments, LLC 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 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 LT Investments, LLC
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 15th day of December, 2014.
By:
Roy D. B Mayor
ATTEST:
By:
Trish L. Gleason, Assistant City Clerk
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
PRE-ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LT INVESTMENTS, LLC
This 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 LT Investments, LLC ("Owner').
Whereas, Owner is the legal owner of real estate legally described as:
Lot 2-1 of Miller Place in the NW '/4 of Section 23, T88N, R2E (Table
Mound TWP) of the 5th 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 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
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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 THE MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED
AS FOLLOWS:
SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This
Agreement is made pursuant to and in accordance with the provisions of Iowa Code
Chapter 368. The foregoing preambles and recitations are made a part of this
Agreement.
SECTION 2. TERM. The term of this Agreement is from the _ day of
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
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,
Owners hereby waive the right to withdraw or rescind the Petition and hereby waive 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.
SECTIONS. 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%).
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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 the
City the sum of any and all amounts the City is required to pay as compensation to the
rural water service provider for losses resulting from annexation of all or any part of the
Real Estate by the City and such amounts as the City may be required or reasonably
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 the City
providing water service to all or any part of the Real Estate, following annexation of the
Real Estate to the City.
6.3 If Owner obtains City water services prior to annexation, Owner will pay the
regular City water rate paid by all other City residents for such services.
SECTION 7. OTHER CITY SERVICES. 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, 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 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.
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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 Owners
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 Owners will cure its default and continue its performance under
this Agreement;
(2) City may cancel and rescind this Agreement;
(3) Owners 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 Owners;
(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: City of Dubuque
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
If to Owners: LT Investments, LLC
14407 Highway 20 West
Dubuque, Iowa 52003
SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City of Dubuque, Iowa in its sole discretion.
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CITY OF DUBUQUE, IOWA LT INVESTMENTS, LLC, OWNER
By: By:
Roy D. Buol, Mayor Larry E. McDermott
Managing Member
ATTEST:
Kevin S. Firnstahl, City Clerk
On this _ day of 2014, 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.
Notary Public in the State of Iowa
My Commission expires
On this day of 2014, before me, a Notary Public in and for said
state personally appeared Larry E. 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
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ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
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EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
Lot 2-1 of Miller Place in the NW °/4 of Section 23, T88N, R2E (Table Mound TWP) of
the 5th P.M., Dubuque County, Iowa
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NTHE NW 114 OF SEC.23 T86N,R2E,IN
1,ovr o. JE LEGAL DESCRIPTION OF LAND TO BE ANNEXED:
DUs EXHIBIT A DUBUQUE COUNTY,IOWA1,%IILLER PLACE rCO.'v'TAL 4.34 ACRES MORE OR LESS DAGIS ,"
W.c:e i.r:uq flu 11Qi5.is5i r i o, �<
�' 1P Parcc!I.D.NU:I523176003
N.33'LOT 1 8762 AREA
OF S 112 NW 1 f4 `-�
SEC.23,TSSN,R2E / TO BE
ANNEXED
LOT 1-2
MILLER PLACE 10697 1 '
LOT 1-1 MILLER PLACE 10603 ! y 8656
�r 00
10749
LOT 2-2
ILLER PLACE 8578
f
U5151
EXISTING
US 61 CORPORATE LIMITS
CITY OF DUBUQUE
8478
10952 8466
N Map PrePa;eE by:
1 inch = 300 feet City qt Dubuque
320 160 0 320 Feet W� ® Engineeringsiren
E AREA TO BE ANNEXED
50 VOW 13th tree[
Dutluque
.bwa52001
Phone:(563)589-0270
.o�.m..nwo<.> °.•"O mu..o.....,,"...a.,r S Fax (563)589.4205
EXHIBIT B
PETITION FOR ANNEXATION
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DATE FILED
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 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, 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 day of 12014.
Notary Public
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
EXHIBIT B: Pre-Annexation Agreement
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EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
Lot 2-1 of Miller Place in the NW 1/4 of Section 23, T88N, R2E (Table Mound TWP) of
the 5th P.M., Dubuque County, Iowa
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rHecmor i LECAL DESCRIPTION OF LAND TO BE ANNEXED: r�
Dus TE EXHIBIT A
LOT 2-1 MILLER PLACE IN THE A'W 114 OF SEC_M T88N,R2E,IN
DUBUQUE COUNTY,IOWA,CONTALVINC 1.34 ACRES MORE OR LESS DAGIS IS
.N,c Fgpi ,ml au•112is u"oppi
� I Parcel I.D.No:15176003
V
N.33'LOT 1 6782 AREA
OPS 112 NW 114
SEC.23.T88N,R2E TO BE
ANNEXED
LOT 1-2
MILLER PLACE 10697
LOT 1-1 MILLER PLACE 10603 �J, d 8656 c�
10749
LOT 2-2
ILLER PLACE 8578
US 151 \
EXISTING
US 61 CORPORATE LIMITS
CITY OF DUBUQUE
8478
10952 8466
Map Prepared by:
1 inch = 300 feet City ofDubuque
.z .,.,. _ •d..i:` Engineering Dni=n
320 160 0 3z0 Feet W E ® AREA TO BE ANNEXED 50 Wast 131h Street
„amu ^�� Dubuque.bwa 5200'.
Phone:(563)589-4270
..,..m.-a...•> ...Q.,,.on, `m` S
Fax:(563)5894205
EXHIBIT B
PRE-ANNEXATION AGREEMENT
(Insert fully executed pre-annexation agreement here)
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Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT, made and entered into effective the
day of 2014, between the City of Dubuque, Iowa (hereinafter
called "City"), and LT Investments, LLC (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 2-1 of Miller Place in the NW 1/4 of Section 23, T88N, R2E (Table
Mound TWP) of the 5t" P.M., Dubuque County, Iowa
WHEREAS, said land is contiguous to 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
120414maq
Estate, the Owner does hereby covenant and agree that by execution of this instrument
Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and
each of them, shall pay and are bound to pay to the City, the costs of the aforesaid
improvements assessed to the Real Estate, by action of the governing body for the City,
after notice of hearing as provided by 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 Owner 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 2-1 of Miller Place in the NW '/A of Section 23, T88N, R2E (Table
Mound TWP) of the 5t" P.M., 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.
Executed by the respective signatories effective the date first above written.
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CITY OF DUBUQUE, IOWA LT INVESTMENTS, LLC, OWNER
By: By:
Roy D. Buol, Mayor Larry E. McDermott
Managing Member
ATTEST:
Kevin S. Firnstahl, City Clerk
On this _ day of , 2014, 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.
Notary Public in the State of Iowa
My Commission expires
On this _ day of 2014, before me, a Notary Public in and for said state
personally appeared Larry E. 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
3
Prepared by Maureen A. Quann,300 Main Street, Suite 330 Dubuque, 1A 52001 563-589-4381
COVENANT PERTAINING TO WATER SERVICE
THIS AGREEMENT, made and entered into effective the day of
2014, between the City of Dubuque, Iowa (hereinafter called "City"),
and LT Investments, LLC (hereinafter called "Owner"), 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 2-1 of Miller Place in the NW 1/4 of Section 23, T88N, R2E (Table
Mound TWP) of the 5th P.M., Dubuque County, Iowa
WHEREAS, said land is contiguous to 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:
I For purposes of making provisions for future city water services to the area
legally described above, (the Real Estate), the Owner, its heirs, successors and
assigns, including but not limited to, the future owners of the Real Estate, shall be and
are hereby fully bound, jointly and severally, to pay to the City the sum of any and all
amounts that the City is required to pay as compensation to the rural water service
provider for losses resulting from annexation of all or any part of the Real Estate by the
120414maq
City and such amounts as the City may be required or reasonably agree to pay the rural
water service provider as a settlement for resolution of any claims, disputes, objections,
protests or litigation related to or arising out of the City providing water service to all or
any part of the Real Estate, following annexation of the Real Estate to the City.
2. This covenant and agreement shall be filed for record in the office of the
Dubuque County Recorder and all covenants, agreements, promises, and
representations hereinstated shall be deemed to be covenants running with the Real
Estate and shall endure and be binding on the parties hereto, their mortgagees,
lienholders, successors and assigns, for a period of twenty-one (21) years from the date
of the recording of these covenants, unless claims to continue any interest in the
covenants are filed as provided by law. The City shall have the right to file a claim to
continue its interest in these covenants.
3. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions, which shall remain in full force and effect.
Executed by the respective signatories effective the date first above written.
CITY OF DUBUQUE, IOWA LT INVESTMENTS, LLC, OWNER
By: By:
Roy D. Buol, Mayor Larry E. McDermott
Managing Member
ATTEST:
Kevin S. Firnstahl, City Clerk
On this _ day of 2014, 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.
Notary Public in the State of Iowa
My Commission expires
2
On this day of , 2014, before me, a Notary Public in and for said
state personally appeared Larry E. 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
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