Pre-Annexation Agreement_LT Investments, LLC Copyright 2014
City of Dubuque Consent Items # 11.
ITEM TITLE: LT Investments, LLC - Pre-Annexation Agreement
SUMMARY: City Manager recommending approval of a Pre-Annexation
Agreement with LT Investments, LLC for the subject
property.
RESOLUTION Approving a Pre-Annexation Agreement
between the City of Dubuque Iowa and LT Investments,
LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
LT Inestments Pre-Annexation Agreement-MVM Memo City Manager Memo
Laura memo Staff Memo
Vicinity map Supporting Documentation
Agreement Supporting Documentation
Resolution Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre-Annexation Agreement-LT Investments, LLC
DATE: June 7, 2016
LT Investments, LLC has submitted a request for approval of the Final Plat of Lot 1 and
Lot 2 of McDermott Oil Place in Dubuque County, which is contiguous to the Dubuque
City limits.
Planning Services Manager Laura Carstens is requesting City Council approval of a
Pre-Annexation Agreement with LT Investments, LLC for the subject property. As part
of approving the Final Plat, a Pre-Annexation Agreement must be signed as established
by the City's Fringe Area Development Standards of the Unified Development Code.
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
THE CITY OF Dubuque
DUB E
Masterpiece on the Mississippi
MEMORANDUM
TO: Michael C. Van Milligen, City Manager sn� '
FROM: Laura Carstens, Planning Services Manager �.yv
SUBJECT: Pre-Annexation Agreement— LT Investments, LLC
DATE: June 8, 2016
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.
The enclosed agreement is the same language for a pre-annexation agreement
approved by the City Council on December 15, 2014 for this same owner, Larry
McDermott, and same final plat. Mr. McDermott was given that agreement in December,
2014, but did not sign the agreement until May 27, 2016. The Legal staff have updated
the dates for the agreement. All other terms remain the same.
Section 6 of the agreement, regarding City water service (which at this time City water
service is not available to this site), states in subsection 6.3 that if the owner receives
City water services prior to annexation, the owner will pay the City's regular rate. That
language was the standard for pre-annexation documents in 2014.
LT Investments, LLC Pre-Annexation Agreement Page 2
The City of Dubuque's current policy for pre-annexation documents makes a distinction
between property owners on individual wells and property owners on private water
systems purchased by the City of Dubuque.
Property owners on wells who choose to connect to City water must execute pre-
annexation documents; they then can receive City water at 1.5 times the standard rate.
Upon annexation, they would pay the standard rate.
Property owners on private water systems purchased by the City of Dubuque do not
have a choice to connect or not connect. Consequently, these property owners are
given a choice on signing pre-annexation documents. If they execute the documents,
they will pay the standard City water rate. If they choose not to sign the documents,
then they receive City water at 1 .5 times the standard rate.
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
Bob Green, Water Department Manager
F:\USERS\Mrettenb\WP\COUNCIL\MEMO\LT Investments LLC pre-annex mvm memo revised.doe
2
THE CITY OF Dubuque
DUB E � ,
Masterpiece on the Mississippi Zgg .ZM.,D„
Vicinity Map
Applicants: LT Investments, LLC
Location: 10603 Woodgate Drive,
nur Dubuque Co., IA
Description: Pre-Annexation Agreement
I
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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. 233-16
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 1/4 of Section 23, T88N, R2E (Table Mound Township)
of the 5th P.M., Dubuque County, Iowa
Whereas, LT Investments, 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 LT Investments, LLC
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 20th day of June, 2016.
ATTEST:
By:
KevinS�`Firnstahl, C aterk
By:
Roy D. Buol, i1,gyor
/IIIIIIJ!IIIIIII/II/IIII/I/JI///IJIIII///I/JIJI/I///I/I/IIIj/!i/I/ih/II////II/
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Doc ID: 008462940016 Type: GEN
Kind: AGREEMENT
Recorded: 06/24/2016 at 01:13:06 PM
Fee Amt: $82.00 Page 1 of 16
Dubuque County Iowa
John Murphy Recorder
File2016_40007908
Prepared b Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
iib
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LT INVESTMENTS, LLC
This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes
theday of 4.779 , 2016, is made and entered into by and between the
City of Dubuqu , 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
crti°" g cLAAI ceAr�c�
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
, 2016 until the annexation of the Real Estate to City is final.
SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this
Agreement, will submit to the City Clerk a Petition for Annexation of the Real Estate by
City, in the form provided in Exhibit B. The City Clerk will file the Petition, submit it to
the City Council for consideration at such time and under such circumstances as the
City Council deems appropriate, and comply with the requirements of Iowa Code
Chapter 368. Pursuant to Iowa Code § 368.7(e), upon execution of this Agreement,
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.
SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees
that the resolution approving the annexation application shall provide for the transition
for the imposition of City taxes against the Real Estate. The Real Estate shall be
entitled to the following partial exemption from taxation for City taxes for a period of ten
(10) years following the final order of the City Development Board, if such annexation
requires approval by the City Development Board, after the exhaustion of any and all
appeals from the action of the Board by any person or the expiration of the time within
which such appeals may be brought, approving the voluntary annexation of the property
shown on Exhibit A:
1. For the first and second year, seventy-five percent (75%).
2. For the third and fourth year, sixty percent (60%).
3. For the fifth and sixth year, forty-five percent (45%).
4. For the seventh and eighth year, thirty percent (30%).
5. For the ninth and tenth year, fifteen percent (15%).
2
SECTION 6. CITY WATER SERVICES.
6.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but
not limited to, the future owners of the Real Estate will obtain City water services to the
Real Estate.
6.2 If Owner, Owner's heirs, successors and assigns, including but not limited to, the
future owners of the Real Estate, obtain water services from a rural water provider prior
to annexation, Owner must use City water services to provide water to the property
upon annexation. For provision of such future City water services to the Real Estate,
the Owner, the Owner's heirs, successors and assigns, including but not limited to, the
future owners of the Real Estate, shall be fully bound, jointly and severally, to pay 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.
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:
If to Owners:
City of Dubuque
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
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.
4
CITY OF DUBUQUE, IOWA
By:
ATTEST:
-20
Kevin S. 4 irnstahl, Cit Clerk Y;
LT INVESTMENTS, LLC, OWNER
By:
Larry E. cDermott
Managing Member
On this day of.._ , 2016, before me, a Notary Public in and for said
state, personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
PAMELA J. RAcCARRON
Commission Nu ber772419:
My Comm. Exp.
/27(9
j
Notary Public in the + to of Iowa
'T
My Commission expires 5`26
On this day of to , 2016, before me, a Notary Public in and for said
state personally appeared Lar 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.
PAMELA J. McCARRON
Commission Number 772419
My Comm. Expo,. 1 t
5
-
Notary Public in tie State of Iowa
L4-5 —Z01,39
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 2-1 of Miller Place in the NW '/ of Section 23, T88N, R2E (Table Mound TWP) of
the 5th P.M., Dubuque County, Iowa
7
Tne CMDF LEGAL DESCRIPTION OF LAND TO BE ANNEXED: • _
7-�P r, LOTT2.I MILLER PLACE IN THE NW 114 OF SEC.23 MN,R2E,IN �� I S s
,LUB t+4 E EXIIIBIT A DUBUQUE COUNTY,10 IVA,CONTAINING
ACRES MORE OR LESS D��
N. 33'LOT 1 8782
oFsv2 NW 11a AREA
SEC.23,T66N, R2E TO BE
ANNEXED
LOT 1-2
MILLER PLACE 10697
LOT 1-1 MILLER PLACE 10603 �}
865fi o,
10749
LOT 2-2
ILLER PLACE 8578
US 151
US 61 EXISTING
CORPORATE LIMITS
CITY OF DUBUQUE
8478
10952 8466
Preparea by
1 inch = 300 feet n ® ECity of ngineer ng *que
-^u � M"a•" 320 160 0 320 Feei �- E AREATO BE ANNEXED Engmeenng suet
a.. •.�s�K r> " 50 West 13th Street
Dubuque,Iowa 52001
�.......:.n o..."...e�....m p Phone'.(563)599-4270
O Faz,(563)5994205
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 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 , 2016.
Telephone: 563- Telephone: 563 -
Subscribed and sworn before me this day of , 2016.
Notary Public
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
EXHIBIT B: Pre -Annexation Agreement
10
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
11
7Hecmar LEGAL DESCRIPTION OF LAND TO BE ANNEXED:LOT2-1 MILLER
DUB F EXHIBIT A DUBUQUE CULINTY 1nl A'CONTWING 4034 ACRES F SEC.23 7-913N,
FORE ORI
DAGIS �
hfaNeq,iarr,n,Bm•+f,..,..;,•p, Pamel I.D.No:1523176003 �..o.•••.. _.
N.33'LOT 1 \J 8782
OFS v2 NW 114 \ ;� AREA
SEC.23,T88N, R2E
TO BE
ANNEXED
LOT 1-2
MILLER PLACE 10697
LOT 1-1 MILLER PLACE 10603 J
/8656
/
10749
LOT 2-2
ILLER PLACE 8578
US 151
US 61 EXISTING
CORPORATE LIMITS
CITY OF DUBUQUE
4
8478
10952 8466
�0}OMap Prepared by.
"Y d .• Kpa:. 1 inch = 300 feet City of Dubuque
b,ao1fC^ azo Iso 0 320Feet W+E ® AREA TO BE ANNEXED Ertgmee50 Westnnge
10thhStreet�.n�+ R•76�� t
Dubuque,Iowa 52001
p Pnane'.(569)589-4270
J Fax (569)5894205
EXHIBIT B
PRE -ANNEXATION AGREEMENT
(Insert fully executed pre -annexation agreement here)
13
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. 233-16
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 Township)
of the 5th P.M., Dubuque County, Iowa
Whereas, LT Investments, 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 LT Investments, LLC
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 20th day of June, 2016.
ATTEST:
B
Kevin 'Firnstahl, 't. Clerk
By:
er
Roy D. Buol, I , yor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 233-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 21st day of June, 2016.
Kevi . Firnstahl, '-MC, City Clerk
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Doc ID: 008462950003 Type: GEN
Kind: AGREEMENT
Recorded: 06/24/2016 at 01:13:32 PM
Fee Amt: $17.00 Page 1 of 3 11
Dubuque County Iowa
John i1Murphy(�Recorder (� (]
Fe2016_0000 /%909
Preparq0 y MaureenA Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
COVENANT PERTAINING TO WATER SERVICE
TS AGREEMENT, made and entered into effective the Ae day of
, 2016, between the City of Dubuque, Iowa (hereinafter called "City")
and L 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 % 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:
1. 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
loo
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 DUBU UE, IOWA LT INVESTMENTS, LLC, OWNER
By:
Roy D. Bu& , Mayor
ATTEST:
By:
Larry E. cDermott-
Managing Member
On this 20 day of ,, 2016, before me, a Notary Public in and for said state,
personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed
PAMELA J. MCCAaaON
CommissMy
Comm. nE Bo ca• �z7 q�
Comm. Exp. �,�
2
1
4
of
My Commission expires, j 2C,)/
Notary Public in the
(r2
to of Iowa
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On this of day of , 2016, before me, a Notary Public in and for said
state personally appeared Lar. 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.
PAMELA J. MCCARRON
Commission Number 772419
My Comm. Exp. L-5-7018
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Notary Public in th
to of Iowa
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My Commission expires 1rcJ_ICC)
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Doc ID: 008462960003 Type: GEN
Kind: AGREEMENT
Recorded: 06/24/2016 at 01:13:50 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
Fde2016-00007910
Prepare • tyylauneenA,Quann,300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
.41.4100-7
COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS
THIS COXENANT AND AGREEMENT, made and entered into effective the
` /day of � 7 .— ,, 2016, 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 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,
NOW, THEREFORE, the parties hereto agree that:
1. This agreement is made for the purpose of meeting the subdivision regulations
and plat approval requirements of the City for approval of the subdivision plat of the
Real Estate.
2. In anticipation of the possibility that the City may at some time deem it to be in
the public interest to cause construction of street paving, curbs and guttering, storm
sewers, water mains, sanitary sewer mains, bicycle paths, and sidewalks by means of
city awarded contracts to be paid by special assessments to be levied against the Real
Estate, the Owner does hereby covenant and agree that by execution of this instrument
Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and
each of them, shall pay and are bound to pay to the City, the costs of the aforesaid
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 1/4 of Section 23, T88N, R2E (Table
Mound TWP) of the 5th 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:
DL
Roy D. BuoMayor
ATTEST:
Kevin S-:'Firnstahl, i Ierk
By.
Larry E. McDermot
Managing Member
On this day of 2016, before me, a Notary Public in and for said state,
personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
PAUAEL z,, J. McCARRON
Commission Number 772419
My Comm. Exp. t 3 2L)1.
On this r day of
Notary Public in the tate of Iowa
My Commission expires
Pa>
, 2016, 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.
PAMELA J. McCARRON
Commission Number 772419
My Comm. Exp., -ZL
3
ii /-d Innr/ ZIA.)
Notary Public in t - ..tate of Iowa
My Commission expires 4 - /