Pre-Annexation Agreement - Jon D. Luckstead Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Pre-Annexation Agreement- Jon D. Luckstead
SUMMARY: City Manager recommending approval of a Pre-Annexation
Agreement with Jon D. Luckstead for property in Tamarack
South Subdivision.
RESOLUTION Approving a Pre-Annexation Agreement
between the City of Dubuque, Iowa and Jon D. Luckstead
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Luckstead Pre-Annexation Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Vicinity Map Supporting Documentation
Pre-Annexation Agreement Supporting Documentation
Resolution Resolutions
THE CITY OF Dubuque
DUB TENWinrkaCky
1111.
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 — Jon D. Luckstead
DATE: October 10, 2016
Jon D. Luckstead has submitted a request for approval of the Final Plat of Lot 8 and Lot
D of Tamarack South S.E. 4t" Subdivision in Dubuque County.
Planning Services Manager Laura Carstens is requesting City Council approval of a
Pre-Annexation Agreement with Jon D. Luckstead 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.
The property is currently contiguous to the Dubuque City limits, but the City does not
want to annex the property at this time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM Jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
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DUB E ADAMWACKY
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TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Pre-Annexation Agreement—Jon D. Luckstead
DATE: October 7, 2016
INTRODUCTION
This memorandum transmits for City Council review and approval a pre-annexation
agreement with Jon D. Luckstead, property owner, in conjunction with his request for
approval of the Final Plat of Lot 8 and Lot D of Tamarack South S.E. 4th Subdivision 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. 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 16-11-7(E) of the Unified
Development Code. 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 10-year transition in the City's share of property taxes as an incentive.
Section 6 of the agreement, regarding City water service, stipulates the. City will
complete installation of a 16" water main boring originally proposed as part of the City's
Airport utility extension project. Once connected, the owner will pay the regular City
water rate paid by all other City residents for such services.
Section 7 of the agreement regarding City sanitary sewer services stipulates that within
seven (7) years of the execution date of this agreement or within two (2) years of the
owner's request, the City will complete a sanitary sewer collector highway boring
originally proposed as part of the City's Airport utility extension project. The owner will
be required to connect to the sanitary sewer collector with a sanitary sewer system built
to the City's current specifications and standards as they exist at the time of the owner's
connection.
The owner will pay a connection fee of$900.00 per acre for all parcels owned by the
owner with a building thereon that exists at the time of initial connection. The owners of
other parcels in the Tamarack Business Park with buildings will pay a connection fee of
$900 per acre when those buildings and parcels connect to the sanitary sewer system.
Owners of parcels without buildings will not be required to pay the connection fee of
Pre-Annexation Agreement— Jon. D. Luckstead
Page 2
$900.00 per acre until such time as the parcel is connected to the sanitary sewer
system.
RECOMMENDATION
I recommend that the City Council approve the Jon D. Luckstead 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.
Thank you.
Enclosures
cc: Barry Lindahl, Assistant City Attorney
Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
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Applicant:John D. Luckstead
Address: Tamarack Business Park
Dubuque County, IA
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Doc ID: 008534350023 Type: GEN
Kind: AGREEMENT
Recorded: 10/20/2016 at
Fee Amt: $117.00 Page 1 of 23
Dubuque County Iowa
John Murphy Recorder
II
01:44:32 PM
F11e2016-00014174
Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Kevin S. Firnstahl, 50 West 13th Street Dubuque, IA 52001 563-589-441.0
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JON D. LUCKSTEAD
T is Pre -Anne tion Agreement (the "Agreement"), dated for reference purposes
the, ay of 6 , 2016, is made and entered into by and between the
City of Dubuque, Iowa ("City") and Jon D. Luckstead ("Owner").
Whereas, Owner is the legal owner of real estate legally described as:
PIN: 1514300001
Legal: NW SW of Section 14, T88N R2E
PIN: 1514300002
Legal: NE SW of Section 14 T88N R2E
PIN: 1514426001
Legal: Lot 1 of 2 of the SE1/4 of Section 14, Township 889 North,
Range 2 East of the 5th P.m., according to the United States
Government Survey and the recorded plats thereof, subject to
highway
PIN: 1514451006
Legal: Lot 3, Tamarack S.E. 4th Sub, Section 14, Table Mound
Township (T88N R2E), Dubuque County, IA
- PIN: 1514451005
Legal: Lot 2 of TAMARACK S.E. FOURTH SUBDIVISION, in Section
14, Table Mound Township, in Dubuque County, Iowa, according to
the recorded Plat thereof
PIN: 1514376002
09152016maq
cam., ceQflc
Legal: Lot 4 of Tamarack SE Third Sub
PIN: 1514453001
Legal: Lot 2, Tamarack S.E. Third Subdivision, located in the South
1/2 of Section 14, T -88-N, R -2-E
PIN: 1514300005
Legal: Lot 2 SE SW of Section 14 T88N R2E
PIN: 1514451007
Legal: Lot 4 of Tamarack SE Fourth Sub
PIN: 1514376001
Legal: Lot 5 Tamarack Se Third Sub
PIN: 1514452001
Legal: Lot 3 of Tamarack SE Third Sub
PIN: 1514401004
Legal: Lot C Tamarack SE Fourth Sub
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 located within two
(2) miles of the corporate 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 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.
SEF,.
N 2. TERM. The term of this Agreement is from the 9l'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,
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. CITY WATER SERVICES.
6.1 City will complete installation of a sixteen inch (16") water main highway boring
originally proposed as part of City's Airport Utility Extension project to the Real Estate.
This water main boring is shown in Exhibit C. Owner will connect to water main no later
than two (2) years from the date of execution of this Agreement.
6.2 Within seven (7) years of the execution date of this Agreement or within two (2)
years of Owner's written request, whichever date is sooner, City will implement a
standard water distribution system (System) located in the frontage road of the Real
3
Estate as shown in the attached Exhibit C (black color lines are 12" and 16" water
main). This System is capable of providing standard fire protection with future domestic
and fire sprinkler service. City will install and pay for this water main on Tamarack Park
Drive (future frontage road). Owner will provide and dedicate to City a twenty (20) feet
public utility easement centered on this water main for the installation and future
maintenance of the water main. City will own and maintain the Tamarack Park Drive
water main.
6.3 Owner may connect to this System at the Tamarack Park Drive water main and
provide Owner's private water service line to Owner's existing vault. Owner may
connect to Owner's existing private water distribution system for water service to
properties within the Tamarack Business Park. Owner will provide and use proper
water meter, cross connection control device and standard plumbing materials in
Owner's vault. This connection will occur only after completion of the installations and
connections set forth in section 6.1 of this Agreement.
6.4 Owner will pay no water connection fees for the implementation of and
connection to this System.
6.5 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.
6.6 If Owner, Owner's heirs, successors and assigns, including but not limited to the
future owners of the Real Estate own, operate, and maintain a private well or water
system to supply water to the Real Estate, Owner, Owner's heirs, successors and
assigns, including but not limited to the future owners of the Real Estate will be allowed
to keep, maintain, and replace such well indefinitely upon annexation, if Owner, Owner's
heirs, successors and assigns, including but not limited to the future owners of the Real
Estate choose to do so.
SECTION 7. CITY SANITARY SEWER SERVICES. Within seven (7) years of the
execution date of this Agreement or within two (2) years of Owner's written request,
whichever date is sooner, City will complete sanitary sewer collector highway boring
originally proposed as part of City's Airport Utility Extension project to the Real Estate.
This sanitary sewer collector boring is shown in Exhibit D. Within seven (7) years of the
execution date of this Agreement or within two (2) years of Owner's written request,
whichever date is sooner, Owner will connect to the sanitary sewer collector. Owner will
connect to the sanitary sewer collector with a sanitary sewer system built to the City's
current specifications and standards as they exist at the time of Owner's connection.
Owner will be responsible for installing Owner's own sanitary sewer main and laterals to
serve the Tamarack Business Park and maintain control of his internal sewer system
within Tamarack Business Park. Owner will pay a connection fee $900.00 per acre for
all parcels owned by Owner with a building thereon that exist at the time of initial
connection. Owners of other parcels in the Tamarack Business Park with buildings
thereon will pay a connection fee of $900.00 per acre when those buildings and parcels
connect to the sanitary sewer system. Owners of parcels without buildings will not be
4
required to pay the connection fee of $900.00 per acre until such time as the parcel is
connected to the sanitary sewer system. The connection fee is the interceptor fee and
collector fee only.
SECTION 8. OTHER CITY SERVICES.
8.1 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, Owner's heirs, successors and assigns,
including the future owners 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 City Council, after notice of hearing as provided by Iowa Code
Section 384.50, the provisions of Iowa Code Section 384.38 notwithstanding.
8.2 It is City's current policy that Owner may elect, at the time of annexation, to
dedicate any streets on the Real Estate to the City, or to maintain any streets on the
Real Estate as private streets. If Owner maintains as private streets, City will not make
or require improvements to bring such private streets to City standards. If Owner
wishes to dedicate streets to the City, streets must be brought to City standards at
Owner's expense. Such policy is subject to change and may no longer be in effect at
the time of annexation.
SECTION 9. ZONING. At the time of filing the Petition for Annexation, Owner may
also file an application for the rezoning of all or part of the Real Estate in accordance
with the City of Dubuque Unified Development Code, and City agrees to waive the
application fee for the rezoning request. If the Real Estate is not rezoned to the
requested zoning classification, the Petition for Annexation may be withdrawn by
Owner. If Owner does not file an application for rezoning at the time of filing the Petition
for Annexation, the Real Estate shall be zoned as AG Agricultural District upon
annexation. Any subsequent application for rezoning filed for all or part of the Real
Estate shall be subject to the application fee for rezoning.
SECTION 10. 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 11. 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 12. DEFAULT.
5
12.1 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.
12.2 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 13. 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
Jon D. Luckstead
3642 Echo Hills Drive
Bellevue, IA 52031
SECTION 14. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City Council of Dubuque, Iowa in its sole discretion.
6
CITY OF DUBUQUE, IOWA OWNER
By:
Roy D. Buot Mayor on D. Luckstead
ATTEST:
Keviri S. Firnstahl, Clerk
On this l day of Q tbu" , 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.
IRISH L. GLEASON
Commission Number 719986
My Commission Expires
Notary Public in the State of Iowa
My Commission expires 13. 1-7
On this j day of L 1 jlt r , 2016, before me, a Notary Public in and for said
state personally appeared Jon D. Luckstead 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.
/Owl"
PAMELA J. McCARRON
Commission Number 77241
My Comm. Exp. 71 5-2C I
7
e� CLIA
Notary Public in1 State of Iowa
My Commission expires z. ) ( g
V)C' 61.E/,,t.._-,
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
EXHIBIT C: Standard Water Distribution System
EXHIBIT D: Sanitary Sewer Highway Boring
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
PIN: 1514300001
Legal: NW SW of Section 14, T88N R2E
PIN: 1514300002
Legal: NE SW of Section 14 T88N R2E
PIN: 1514426001
Legal: Lot 1 of 2 of the SE1/4 of Section 14, Township 889 North, Range 2 East of
the 5th P.m., according to the United States Government Survey and the recorded
plats thereof, subject to highway
PIN: 1514451006
Legal: Lot 3, Tamarack S.E. 4th Sub, Section 14, Table Mound Township (T88N
R2E), Dubuque County, IA
PIN: 1514451005
Legal: Lot 2 of TAMARACK S.E. FOURTH SUBDIVISION, in Section 14, Table
Mound Township, in Dubuque County, Iowa, according to the recorded Plat
thereof
PIN: 1514376002
Legal: Lot 4 of Tamarack SE Third Sub
PIN: 1514453001
Legal: Lot 2, Tamarack S.E. Third Subdivision, located in the South 1/2 of Section
14, T -88-N, R -2-E
PIN: 1514300005
Legal: Lot 2 SE SW of Section 14 T88N R2E
PIN: 1514451007
Legal: Lot 4 of Tamarack SE Fourth Sub
PIN: 1514376001
Legal: Lot 5 Tamarack Se Third Sub
PIN: 1514452001
Legal: Lot 3 of Tamarack SE Third Sub
PIN: 1514401004
Legal: Lot C Tamarack SE Fourth Sub
9
C)
EXHIBIT B
PETITION FOR ANNEXATION
11
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 B-1: 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
Notary Public
ATTACHMENTS:
EXHIBIT B-1:
EXHIBIT B-2:
day of , 2016.
Legal Description and Plat of Annexation
Pre -Annexation Agreement
12
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
PIN: 1514300001
Legal: NW SW of Section 14, T88N R2E
PIN: 1514300002
Legal: NE SW of Section 14 T88N R2E
PIN: 1514426001
Legal: Lot 1 of 2 of the SE1/4 of Section 14, Township 889 North, Range 2 East of
the 5th P.m., according to the United States Government Survey and the recorded
plats thereof, subject to highway
PIN: 1514451006
Legal: Lot 3, Tamarack S.E. 4th Sub, Section 14, Table Mound Township (T88N
R2E), Dubuque County, IA
PIN: 1514451005
Legal: Lot 2 of TAMARACK S.E. FOURTH SUBDIVISION, in Section 14, Table
Mound Township, in Dubuque County, Iowa, according to the recorded Plat
thereof
PIN: 1514376002
Legal: Lot 4 of Tamarack SE Third Sub
PIN: 1514453001
Legal: Lot 2, Tamarack S.E. Third Subdivision, located in the South 1/2 of Section
14, T -88-N, R -2-E
PIN: 1514300005
Legal: Lot 2 SE SW of Section 14 T88N R2E
PIN: 1514451007
Legal: Lot 4 of Tamarack SE Fourth Sub
PIN: 1514376001
Legal: Lot 5 Tamarack Se Third Sub
PIN: 1514452001
Legal: Lot 3 of Tamarack SE Third Sub
PIN: 1514401004
Legal: Lot C Tamarack SE Fourth Sub
13
EXHIBIT B-2
PRE -ANNEXATION AGREEMENT
(Insert fully executed pre -annexation agreement here)
15
EXHIBIT C
STANDARD WATER DISTRIBUTION SYSTEM
16
EXHIBIT C
17
EXHIBIT D
SANITARY SEWER HIGWAY BORING
18
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SANITARY SEWER PLAN & PROFILE
CITY UTILITY EXTENSIONS TO
DUBUQUE REGIONAL AIRPORT
DUBUQUE, IOWA
Z
WATER MAIN PLAN & PROFILE
CITY UTILITY EXTENSIONS TO
DUBUQUE REGIONAL AIRPORT
DUBUQUE, IOWA
nens . planners . land surveyors
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. 357-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND JON D. LUCKSTEAD
Whereas, Jon D. Luckstead , 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:
PIN: 1514300001, Legal: NW SW of Section 14, T88N R2E
PIN 1514300002, Legal: NE SW of Section 14, T88N, R2E
PIN 1514426001, Legal: Lot 1 of 2 of the SE 1/4 of Section 14, T88N, R2E of the
5th P.M. according to the U.S. Government Survey and the recorded plats
thereof, subject to highway
PIN 1514451006, Legal: Lot 3, Tamarack SE 4th Sub, Section 14, Table Mound
Township (T88N R2E), Dubuque County, IA
PIN 1514451005, Legal: Lot 2 of TAMARACK SE Fourth Subdivision, Section 14,
Table Mound Township, in Dubuque County, Iowa according to the recorded Plat
thereof
PIN 1514376002, Legal: Lot 4 of Tamarack SE Third Sub
PIN 1514453001, Legal Lot 2 Tamarack SE Third Subdivision, located in the
South 1/2 of Section 14, T -88-N, R -2-E
PIN 1514300005, Legal: Lot 2 SE SW of Section 14 T88N R2E
PIN 1514451007, Legal: Lot 4 of Tamarack SE Fourth Sub
PIN 1514376001, Legal: Lot 5 Tamarack SE Third Sub
PIN 1514452001, Legal: Lot 3 of Tamarack SE Third Sub
PIN 1514401004, Legal: Lot C Tamarack SE Fourth Sub
Whereas, Jon D. Luckstead 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 Jon D. Luckstead
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 17th day of October, 2016.
ATTEST:
By:
Ketvin S. Firnsta .ty Clerk
By:
Roy D. jEfilol, 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. 357-16 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 18th day of October, 2016.
Kevin . irnstaf 1, CM 'l ity Clerk
(SEAL);.�