Dbq Ind Ctr W Legal Desc errorMEMORANDUM
November 15, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Amendment of Legal Description for Previously Annexed City Property
Planning Services Manager Laura Carstens is recommending annexation of 1.15 acres
of land owned by the City of Dubuque on the west side of Seippel Road. This parcel is
part of the Dubuque Industrial Center West and was not included in the original
annexation due to a typographical error.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
November 15, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Amendment of Legal Description for Previously Annexed City Property
On November 2, 1998, the City Council approved Resolution No. 481A-98 which
provided for the annexation of 1.15 acres of land owned by the City on the west side of
Seippel Road. This parcel is part of the Dubuque Industrial Center West. A map of the
land is attached.
Subsequently, in preparing to subdivide this portion of the industrial park, we found that
Resolution 481A-98 included a typographical error that listed the legal description, in
part, as Range 2 East, when in fact, it should read Range 1 East. All other documents
associated with the annexation had the correct legal description, including the public
notices.
The City Development Board of the State of Iowa approved the annexation on
December 10, 1998, with the incorrect legal description. The Board allows cities to
request an amendment of the Board's annexation approval order to allow for correction
of these types of typographical errors.
I recommend that the City Council approve the attached resolution to correct the legal
description for this parcel. Approval of this resolution will allow the final plat of
Dubuque Industrial Center West 2nd Addition to be recorded.
LC/mkr
Attachments
cc Bill Baum, Economic Development Director
Prepared by: Laura Ceretens, City Planner Address: City Hall~ 50 W. 13th St Telephone: 589-4210
RESOLUTION NO. 486-01
RESOLUTION AMENDING RESOLUTION NO. 481A-98 BY APPROVING A REVISED
LEGAL DESCRIPTION FOR CERTAIN PROPERTY ANNEXED TO THE CITY OF
DUBUQUE, IOWA.
Whereas, the City of Dubuque, Iowa voluntarily petitioned for annexation of approximately
1.15 acres of property owned by the City of Dubuque pursuant to Section 368.7 of the Code of
Iowa by adoption of Resolution No. 481A-98; and
Whereas, the City Development Board of the State of Iowa approved the voluntary
annexation petition; and
Whereas, Resolution No. 481A~98 contained a typographical error in the legal description
of the annexed property; and
Whereas, the City of Dubuque requests that the Findings of Fact, Conclusions of Law
and The Final Order filed by the City Development Board approving the voluntary annexation
petition be amended with the correct legal description.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 2 of Resolution No. 481A-98 is hereby amended as follows:
That the territorial limits of the City of Dubuque, Iowa be, and they hereby are extended to
include the property legally described as Lot 2 of NE % of SE % of Section 25, T89N, R1 E, 5th
P.M., in Dubuque County, Iowa, as shown in Exhibit A.
Section 2.
Development Board of the State of Iowa.
Passed, approved and adopted this 19th day of November, 2001.
/s/ Terrance M. Duggan, Mayor
Attest;
/s/ Jeanne F. Schneider, City Clerk
That the City Clerk shall file this amendment request with the City
19t~ay of November, 2001.
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