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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 brAbd DUB E ADAMWACKY Masterpiece on the Mississippi I 11.1 200]•:0]2.1013 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 THE CITY )F �j Du` b=�qv� D V L L4�L�Lca�ca�� II�f, Masterpiece on the Mississippi Iht,.,q„.quill Vicinity Map F,P `O 0 Applicant Property City of Dubuque Applicant:John D. Luckstead Address: Tamarack Business Park Dubuque County, IA F R Description: Pre-Annezation Agreement R R � 00 O Legend Subject Properties Z City limits J DISCLAIMER:This information was ompled using the Dubuque Area Geographic IntonnaAon System(DAQISI,wM<M1 N, (tittlesdstacreeIs by both the Clryo!Dubuque and Dubuque County. It is undeMood Ihat.while the City of Dubuque and genlcigating agendes utlilxeL the most curter nl h and aabust,I, ..It.sortable,DAGIS mild,manners donet 'V Self candaof heard The Cut, ndpaorprocyof er ting agencies ction iessh rete rYy ce hisho d herein. me ciy and participating agenaias anau not Jt'1 be netit liable for any direct,indirect incidental,Consequenlire punlnve,or special damages,whether foreseeable or unforeseeable,arising our of the aulh—ed or unauthodied e of this date or the Inabam ,to use this data or out of a bream ofwemrbty whatsoeeer. 0E11 11 1141111 i IIIII 11 IIIIi 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 8 8 8 8 8 53 0 5 +00 +50 +75 rtW :ggg; d4 715.31 715.18 715.05 714.93 714.81 50714.68 +75 +00 +25 +50 714.56 714.43 714.31 714.18 +75 +00 714.06 713.93 8 0 +00 +25 +50 +75 +00 +25 +50 +75 +00 +25 +50 +75 +00 +25 5 +25 (l, 4 8 Ln 9 cnI 8 8 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);.�