Rustic Point Area Voluntary Annexation_Hearing then Tabled Copyrighted
March 20, 2017
City of Dubuque Public Hearings # 3.
ITEM TITLE: Rustic Point Area Voluntary Annexation
SUMMARY: Proof of publication on notice of public hearing to consider
approval of the Rustic Point Area annexation of
approximately 56 acres owned by four property owners:
Marlene L. Brimeyer(1.42 acres), Derby Grange LLC (50.4
acres), James F. and Janet M. Kress (2.99 acres), and the
City of Dubuque (1.35 acres)and the City Manager
recommending approval.
RESOLUTION Approving an application for voluntary
annexation of territory to the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Annexation of Rustic Point Area-MVM Memo City Manager Memo
Tri-County Area Report Supporting Documentation
Staff Memo Staff Memo
Staff Material Supporting Documentation
Applicant Material Supporting Documentation
Resolution Resolutions
Exhibit Supporting Documentation
Exhibit B Supporting Documentation
Benefits of Annexation FAQ Supporting Documentation
Proof of Publication Supporting Documentation
THE CITY OF Dubuque
DUB E 1
I1� l"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Rustic Point Area Annexation Request - Approval
DATE: March 7, 2017
Planning Services Manager Laura Carstens recommends City Council approval of an
annexation request filed by four property owners who make up the "Rustic Point Area"
for approximately 56 acres and is owned by these property owners: Marlene L.
Brimeyer (1.42 acres), Derby Grange LLC (50.4 acres), James F. and Janet M. Kress
(2.99 acres), and the City of Dubuque (1.35 acres). The annexation request is
recommended for the reasons described in the enclosed staff report, and summarized
below:
• It is 100% voluntary and in compliance with Iowa Code,
• It is in the best interest of the City of Dubuque
• It is consistent with Dubuque Comprehensive Plan goals and objectives,
• It is consistent with Iowa Smart Planning Principles,
• The City of Dubuque has the capacity to provide substantial municipal services to
the properties,
• City water and sanitary sewer are planned for extension to the property, and
• Existing roadways are adequate to serve the proposed development and an
intersection improvement is planned for John F. Kennedy Road at the Northwest
Arterial.
In addition, there is a need in the City of Dubuque for more developable lots. In the tri-
county are (Grant County, Jo Daviess County and Dubuque County) there is
approximately 351 single family homes built per year. One hundred of those are
developed in the Dubuque city limits as an annual average over the last 6 years. The
goal of the City of Dubuque is to increase that number and more residential lots are
needed so that builders and buyers have choices of geographic location, house style
and price range.
City staff will then forward the request to the City Development Board for final
disposition in accordance with Iowa Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y t 4
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
2
Tri-County Area Report for Single Family Homes Constructed Per Calendar Year 2011-2016
All Other Grant County: Tri-County
City of City of City of City of City of City of City of Jo Daviees Total Single
Calendar Year DUBUQUE ASBURY DYERSVILLE PEOSTA CASCADE EPWORTH FARLEY Dubuque County County Jo DaviAssumed same as Family Homes
Areas Jo Daviees County
Built
CY 2011 110 62 8 9 6 3 4 76 31 31 340
CY 2012 120 53 15 5 7 6 5 72 43 43 369
CY 2013 107 60 16 21 21 12 11 80 37 37 402
CY 2014 82 48 13 16 10 4 4 76 27 27 307
CY 2015 81 40 13 22 6 3 3 79 25 25 297
CY 2016 100 51 14 20 15 5 4 105 40 40 394
Total Homes
Constructed in 600 314 79 93 65 33 31 488 203 203 2109
Five Years
Average Homes
Built Per Year 100 52 13 15 11 5.5 81 34 34 351
Over Five Years
Tri-County Single Report on Single Family Homes Constructed
120
100
so
60
40
20
0
City of City of ASBURY City of City of PEOSrA City of CASCADE City of City of FARLEY All Other Jo Daviees Grant County:
DUBUQUE DYERSVILLE EPWORTH Dubuque County Assumed same
County Areas as to Daviees
County
0 CY 2011 0 CY 2012 0 CY 2013 CY 2014 0 CY 2016
THE C=OF Dubuque
DUB E
Masterpiece on the Mississippi
2009.3013.3013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Rustic Point Area Annexation Request— Approval
DATE: March 6, 2017
INTRODUCTION
This memorandum transmits a 100% voluntary annexation request of approximately 56
acres for City Council consideration and approval at a public hearing. The request is
being filed by four property owners who make up the "Rustic Point Area". These
property owners are Marlene L. Brimeyer (1.42 acres), Derby Grange LLC (50.4 acres),
James F. & Janet M. Kress (2.99 acres), and the City of Dubuque (1.35 acres). The
resolution, maps, staff report, and other supporting documentation are enclosed.
DISCUSSION
The annexation territory encompasses farmland located on the northwest corner of the
intersection of John F. Kennedy and Derby Grange Roads with connection to the city of
Dubuque by John F. Kennedy Road right-of-way. Derby Grange LLC and James F. &
Janet M. Kress are in the process of replatting their properties to facilitate a
development of single- and two-family dwellings in the planned Rustic Point
Subdivision. The Derby Grange LLC annexation is concurrent with rezoning to R-2
Two-Family Residential. The Kress annexation is concurrent with rezoning to R-1
Single-Family Residential. The Brimeyer and City of Dubuque properties are part of the
John F. Kennedy and Derby Grange Roads right-of-way and no rezoning is requested.
The 56-acre annexation territory includes 5.87 acres of County right-of-way which
includes John F. Kennedy Road and to the abutting centerline of Derby Grange Road,
in accordance with Iowa Code.
By Iowa Code, the annexation will be subject to final approval of the State of Iowa's City
Development Board because the properties are considered to be in an urbanized area
since they are within two miles of the Cities of Asbury and Sageville.
RECOMMENDATION
I recommend that the City Council approve the City annexation request for the reasons
described in the enclosed staff report, and summarized below:
• It is 100% voluntary and in compliance with Iowa Code,
It is in the best interest of the City of Dubuque,
• It is consistent with Dubuque Comprehensive Plan goals and objectives,
• It is consistent with Iowa Smart Planning Principles,
The City of Dubuque has the capacity to provide substantial municipal services to
the properties,
• City water and sanitary sewer are planned for extension to the property, and
• Existing roadways are adequate to serve the proposed development.
REQUESTED ACTION
The requested action is for the City Council to adopt the resolution approving the
voluntary annexation the Rustic Point Area consisting of the approximately 56 acres
owned by Marlene L. Brimeyer(1.42 acres), Derby Grange LLC (50.4 acres), James F.
& Janet M. Kress (2.99 acres), and the City of Dubuque (1.35 acres). City staff then will
forward the request to the City Development Board for final disposition in accordance
with Iowa Code.
Prepared by Wally Wernimont, Assistant Planner
Enclosures
CC: Denise Ihrig, Water Department Manager
Gus Psihoyos, City Engineer
F:\Users\WwemimoWnnexation\Rustic Point Nea\Memo MVM City annex approval.doc
2
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ANNEXATION STAFF REPORT Council Agenda: March 20, 2017
Property Location: Rustic Point Area — Northwest Corner of Kennedy and Derby
Grange Road and Kennedy Road Right-of-Way
Property Owner: Derby Grange LLC— 50.4 Acres
Marlene L. Brimeyer— 1.42 Acres
James F. & Janet M. Kress — 2.99 Acres
City of Dubuque — 1.35 Acres
Legal Description: Attached.
Proposed Land Use: Residential/Right-of-Way Proposed Zoning: R-2/R-1
Existing Land Use: Agriculture/Right-of-Way Existing Zoning: County AG
Adjacent Land Use: North - Residential Adjacent Zoning: North — County R-2
East - Residential East — County R-2
South - Agricultural South — County AG
West —Agricultural West — County B-2
Flood Plain: N/A Total Area: 56 Acres
City Services Provided:
Water: Extension in the near future. Sanitary Sewer: Extension in the near future.
Storm Sewer: N/A Existing Street Access: Kennedy & Derby Grange Roads
Other Services: Police, Fire and Emergency Response.
Purpose/Reason for Annexation: The annexation territory encompasses farmland
located on the northwest corner of the intersection of John F. Kennedy and Derby
Grange Roads with connection to the city of Dubuque by John F. Kennedy Road right-
of-way. Derby Grange LLC and James F. & Janet M. Kress are in the process of
replatting their properties to facilitate a development of single- and two-family dwellings
in the planned Rustic Point Subdivision. The Derby Grange LLC annexation is
concurrent with rezoning to R-2 Two-Family Residential. The Kress annexation is
concurrent with rezoning to R-1 Single-Family Residential. The Brimeyer and City of
Dubuque properties are part of the John F. Kennedy and Derby Grange Roads right-of-
way and no rezoning is requested.
Physical Characteristics: The subject property is located at the northwest corner of
John F. Kennedy Road and Derby Grange Road. The subject parcels have rolling
topography for the portion of the property draining toward the city of Dubuque and the
Catfish Creek. The north balance of the property drains towards the Little Maquoketa
Watershed. The property is bordered by Derby Grange Road to the south, Kennedy
Annexation Staff Report for Rustic Point Area Page 2
Road and residential (county) subdivision to the east, a residential (county) subdivision
along Clay Hill Road to the north and crop land & a church to the west.
Impact of Request on:
Utilities: City water and sanitary sewer will be extended to the property in the near
future, in accordance with the Derby Grange LLC development and pre-
annexation agreements approved by the City Council on November 16, 2015.
Traffic Patterns/Counts: Based on 2013 IDOT traffic counts, Kennedy Road
carries 3,860 ADTs south of Derby Grange Road, and 3,360 ADTs north of Derby
Grange Road. A traffic count was completed for Derby Grange Road by City
Engineering staff on April 12, 2016, and recorded 1,418 ADTs for Derby Grange
Road just west of its intersection with Kennedy Road. Prior to the opening of the
Northwest Arterial between Kennedy Road and US Highway 52, the traffic count
on Kennedy Road north of Derby Grange Road was 7,700 ADTs.
Public Services: Existing public services can serve the subject property.
Environment: No adverse environmental impact is expected, since any future
development or redevelopment of the property is required to be done in
compliance with the City's development, erosion control and storm water
management regulations.
Adjacent Properties: No significant negative impacts to adjacent properties are
expected upon annexation or rezoning. The proposed rezoning of the subject
property to R-2 Two-Family Residential allows for the construction of primarily of
single and two-family residential homes. The City Council approved the
preliminary plat on May 16, 2016. Adjacent properties to the north and east are
already developed for residential homes in Dubuque County. The most likely
impact to adjacent properties would be an increase in the volume of traffic on
Derby Grange and Kennedy Roads.
CIP Investments: Extension of City sewer and water as agreed to in the
development agreement with Derby Grange, LLC. Construction of a right turn
lane at the Northwest Arterial and John F. Kennedy Road is scheduled for
construction this year.
Affordable Housing: The subject property is under consideration for designation
as a Housing Tax Increment Finance District by the City Council. By State law,
approximately 38% of the future TIF revenues from the development must be
used to provide housing assistance to low to moderate income families.
Staff Analysis and Recommendation: The City received written applications for a
100% voluntary annexation of approximately 56 acres that abut the Dubuque corporate
Annexation Staff Report for Rustic Point Area Page 3
limits. The request is being filed by four property owners who make up the "Rustic
Point Area". These property owners are Marlene L. Brimeyer(1.42 acres), Derby
Grange LLC (50.4 acres), James F. & Janet M. Kress (2.99 acres), and the City of
Dubuque (1.35 acres).
The annexation territory is located on the northwest corner of the intersection of
Kennedy and Derby Grange Roads with connection to the city of Dubuque by Kennedy
Road right-of-way.
State law requires a minimum 50-foot adjacency for annexation. The Rustic Point Area
meets and exceeds this 50-foot minimum at all points of adjacency along Kennedy
Road and Derby Grange Road rights-of-way, as shown on the enclosed City of
Dubuque Acquisition Plat and Exhibit A Public Utility Easement.
The territory is primarily farmland. Adjacent right-of-way in Derby Grange and Kennedy
Roads are included. State law requires the City to annex to the centerline of the
abutting County public rights-of-way. The City Council approved pre-annexation
agreements with Derby Grange LLC on November 6, 2015 and with Marlene L.
Brimeyer on February 6, 2017.
Derby Grange LLC has requested rezoning to R-2 Two-Family Residential and James
F. & Janet M. Kress have requested rezoning to R-1 Single-Family Residential. Both
rezonings are concurrent with annexation. The City's Zoning Advisory Commission held
a public hearing on March 1, 2017 and recommended approval of both rezonings.
The City of Dubuque has the capacity to provide substantial municipal services to the
annexation territory. By Iowa Code, the annexation will be subject to final approval of
the State of Iowa's City Development Board because the property is considered to be in
an urbanized area and lies within two miles of the Cities of Asbury and Sageville.
The City of Dubuque's analysis of the proposed annexation territory is consistent with
the following:
2012 City of Dubuque Comprehensive Plan:
• Land Use & Urban Design Goal 9: To promote principles of good urban design as
part of all development.
Objective 9.4 — Promote land conservation practices in density and
building patterns to encourage compact urban form versus sprawl.
• Land Use & Urban Design Goal 10: To plan for the city's future and orderly
development within a regional context.
o Objective 10.2 - Encourage intergovernmental partnerships to minimize
the negative impact of city/county urban fringe development on regional
Annexation Staff Report for Rustic Point Area Page 4
watersheds, ecosystems and rural infrastructure through compact and
contiguous development with storm water management.
o Objective 10.5 - Encourage cooperative regional planning with all levels of
government, to develop a strategic plan for fringe area development that
may include annexation.
• Housing Goal 2: To promote the creation and maintenance of an adequate supply
of sound, affordable housing integrated throughout the community.
o Objective 2.2 — Promote mixed-income, mixed-rental housing
developments.
• Housing Goal 6: To promote the understanding that the availability and
affordability of housing is an important key to successful economic development.
o Objective 6.4 — Promote an adequate housing supply to support workforce
development efforts.
Iowa Smart Planning Principles
o 6. Housing diversity— Strategy 6.1 Encourage mixed use developments.
Mixed use developments are designed to allow for a range of housing.
Mixed use zoning can help promote and direct flexible housing diversity.
Staff recommends City Council approval of the voluntary annexation request.
Prepared b : eviewed: Date: 03-OS-4-7
THE CROF City of Dubuque
Planning Services DepartmentDJ�
Dubuque,IA 52001-4805
Masterpiece on[lie Mississippi Phone: 563-589-4210
Fax: 563-589-4221
planning@cityofdubupue org
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review.(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabilitv
❑Special Exception ❑Simple Site Plan MAnnexation ❑Historic Designation choose One
❑Limited Setback Waiver []Minor Site Plan ❑Historic Revolving Loan ❑Demolition
❑Rezoning/PUD/ID []Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Property owner(s):MARLENE L. BRIMEYER Phone: 563-582-4046
Address:12679 KENNEDY ROAD CityPLIBUQUE State:IA Zip:52002
Fax#: Cell #: E-mail:
Applicant/Agent: DENNIS BRIMEYER Phone: 563-557-7341
Address:11532 ROBIN HOOD DRIVE CityDUBUQUE State:IA ZIp:52001
Fax #: Cell #: E-mail: BRIMDAB@AOL.COM
Site location/address:KENNEDY RD RIGHT-OF-WAY Neighborhood Association: Select
Existing zoning: AG Proposed zoning: AG District:N/A O Landmark: El Yes ❑Q No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):SEE ATTACHED
Total property (lot) area (square feet or acres):SEE ATTACHED
Describe proposal and reason necessary(attach a letter of explanation, if needed):ANNEXATION OF KENNEDY
ROAD RIGHT OF WAY TO FACILITATE KENNEDY ROAD TO DERBY GRANGE ROAD
ENTIRELY WITHIN CITY OF DUBUQUE AND ACCOMODATE CITY UTILITY PROJECT
CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): ui/
" ` Date �"� J- `�
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
Fee: Received by: Date: Docket:
Dubuque 121'11Y OF DUBUQUE
ENGINEERING DEPARTMENT NOTE: NOTES:
CITYXALL, WES1i)]w STREET
All-America CIL1 ,GUBuOUE�IA RGH THIS SURVEY IS LOCATED IN THE 1,ALL MEASUREMENTS ARE IN FEET
SW 114 SECTION 9.TS9N,R3E ANO DECIMALS THEREOF.
1 I I I Lr NL mn xx] OpM^.Ietl w+e• OnnO,OIgLXrvnx y (OUBUOUETOWNSHIP) p, PROPRIETOR OF ABOVE DESCRIBED
—
wvH OF LOT 301 THE SUB.OF LOT I OF HE BE j OF OF THE 57H P.M..DUBUQUE LOT:MARLENE L.BRIMEYER
SW jSEC.Y,T89N,RPE OF THExSTH P.M. COUNTY,IOWA 3.SURVEY REQUESTED BYI CITY OF
DUBUQUE,50 W.13TH ST.DUBUQUE,
2007 �•Fau t IOWA nn,ri r.r,u e
a.TOTAL AREA OFPERIMETER
SURVEYED
IS2 435 SQUARE FEET
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RECORD,
B. DATE OF SURVEY:07-01-:816
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xu lrib[o 6'•,l'O]'W 19.]' I PER PUiBMXMPAGE a]
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o"'arur'L r,r'
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PARTOFLOT2
OF THE SUR.OF LOT I,SE}OF THE SW}, ° .Irw°w.
SEC.9,T89N,R2E OF THE STH P.M. x, or.,,ww•,r a.,
w O J 27,435 SO.FT.(0.630 ACRES) ANG LN GGH
Y IG GENII HGHGNAL AtlNGLEEIN-E95E' �wm ru aRc
°r ss a FOUND IRON ROD/PIPE AS SHOWN "'°"
o GO
M 5 pp 0 SET 5/8"REBAR WITH YELLOW
a N e e, PLASTIC CAP#18128 y ,,_�-------
m
a °I R.O.W. RIGHT OF WAY .5 RUGBY COURT 66'ROW
o x r (100.00')RECORDED DIMENSION n.=-.W.r.
Ln
•"...r.... .1 LIw LINE BREAK �r '��
Q ADJACENT PROPERTY LINE A s q+p]>eT
RIGHT OF WAY LINE(EXISTING) L.T CL
X
® FOUND MAG NAIUMASONRY
rn
NAIL RtlE EE]tlw M.E a G
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y] L v .ni ria vw a+n. N1tl-nI'1IYD
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AL.N LO}.,3 GOL0lIIORv
o xoo•i,. ��N A 1\` Boon xr PAEE,es
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4 �0. ••:SPL ,. Y�».,IA.Nxn ...... � °Lx�.r ANNEXATION AREA
- RUSSELL N.
KIEFFER '•;m.c n..cmmo"nrn".
PART
m I 0.
18128 a
�I
18128 OF LOT 2 OF THE SUB. OF LOT 1 OF THE SE `I $
"G 'iowa �- OF SW 4 SEC. 9, T89N, R2E OF THE 5TH
v „fix P.M.
d rrN°. Ac,1= OWNER MARLENE L.BRIh1FYER1, �
LEGAL DESCRIPTION
A part of Lot 2 the Subdivision of Lot 1 of the Southeast '/ of the Southwest Y< of Section 9,
Township 89 North, Range 2 East of the 51h Principal Meridian, in the County of Dubuque, Iowa,
more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision of Lot 1 of
the Southeast '/ of the Southwest '/ of Section 9, Township 89 North, Range 2 East of the 5th
Principal Meridian, in the County of Dubuque, Iowa;
Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a
distance of 731.49 feet to the point of beginning;
Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot
2 a distance of 137.55 feet to the Northeast corner of said Lot 2;
Thence Southeasterly along the East line of said Lot 2, being a circular curve concave to the East,
having a radius of 955.37 feet, a chord of 191.31 feet which bears South 06 Degrees 13 Minutes
07 Seconds East, an arc length of 191.63 feet;
Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of 258.07
feet to the Southeast corner of said Lot 2;
Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said Lot 2 a
distance of 33.52 feet to a point on the West right of way line of Kennedy Road;
Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way line a
distance of 279.21 feet;
Thence Northwesterly along said West right of way line, being a circular curve concave to the East
having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees 57 Minutes 57
Seconds West, an arc length of 34.46 feet;
Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of way line a
distance of 159.58 feet to a point on the South right of way line of Derby Grange Road;
Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to the point of
beginning, containing 27,435 square feet, more or less, and is subject to easements; reservations,
restrictions and rights of way of record and not of record.
it
2of2
Reserved for Recorder
Prepared By:Nate Kieffer 50 West 13th St.Dubuque,IA 52001 Ph:563-589"4270
t
w.3
�= 0 50' 100' 200'
Lw5 SCALE i"=100'FEET
NOTE \ `o `P-RI 130Pm4V R Eu<E
\\` ur ookn vACE,u
THIS SURVEY IS LOCATED IN THE NOTES:
SS:TI SECTIONS.8THE NW 1/4 •' �
SECTIONIS,OWN.FOE 1.ALL MEASUREMENTS ARE IN FEET
(DVBUOVE TOWNSHIPI 5 4 AND DECIMALS THEREOF,
OFTHTY,IOWE SIM M.,DUBUQUE �{ 2.PROPRIETOR OF ABOVE DESCRIBED
COUNTY,IOWA z'i mcmwn,nwruc[ LOT:MARLENE L BRINEYER
].SURVEY REQUESTED BY:CITY OF
DUBUQUE.M W.13TH ST.DUBUQUE,
m SOINA
."r E 2 <.TOTAL AREA OF PERIMETER
e g'ym SURVEYED IS 0.681 SQUARE FEET
1, 5_THIS PLAT IS SUBJECT TO ALL
EASEMENTS OF RECORD AND NOT OF
RECORD.
O _wCXT°° 6.DATE OF SURVEY:07-01-2016
F.
O
is
rn ��
IF
PER aur eoCKnA CE I,�w
PART OF
LOT OF THE SUBDIVISION OF = -
LOTIOFTHESE}OFTHESW},
SEC.9,T89N,R2E OF THE 5TH P.M. _ t.L�.....,E.o..�.w.
29,337 SQ.FT.(0.67 ACRES) \y
0 FOUND IRON ROD/PIPE AS SHOWN
p SET 5/8"REBAR WITH YELLOWe E;
re oNY aR
PLASTIC CAP#18128
II
R.O.W. RIGHT OF WAY
(100.00')RECORDED DIMENSION
LINE BREAK cslmww..cLe]rwm cncz s:�`i'ivE x.o=
CEMPA-.LEIT] 2
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE(EXISTING) EASEMENT-PART OF
LOT OF LOT
OF MINERAL LOT 459
® FOUND MAG NAILJMASONRY '°�` '� 5,344 SQ.FT.(0.12 ACRES)
MAIL ... E' .� \ (EAEN
Dubuque CITY OF DUBUQUE -/� m• lre
1�dJ ENGINEERING DEPARTMENT
All-Arunca Cily CITY DUBVCE,.A
LITREET \ S i
Ea T. LD OF JL5 f 5,:,, SEC vaFr ']PFI �M"
0v i0 or o c a n PeEu 51i,
- " a 6l
r r z zi
CCC rtWiu�LE'a a'a]55T 'Ol4
Iwreq�xNuw�wwrvere5 m..wnu..z.ro m�am \ ]T-c
IP
C' KIEFFER ;A
16128
%�•/� Gy-i9 zor
ANNEXATION AREA-
PART
OF LOT 1 OF LOT 1 OF SUB. OF SE 1/4 OF
SW 1/4, SEC. 9, & PART OF LOT 1 OF LOT 1
OF MIN. LOT 459, SEC. 16, T89N, R2E OF 5TH
P.M.
OWNER AIARLENELeRIMEYER
LEGAL DESCRIPTION
A part of Lot 1 of the Subdivision of Lot 1 of the Southeast'/ of the Southwest 1/4 of Section
9, Township 89 North, Range 2 East of the 5m Principal Meridian, in the County of Dubuque,
Iowa, more particularly described asfollows:
Beginning at the Northeast corner of Lot 1 of the Subdivision of Lot 1 of the Southeast '/ of the
Southwest 114 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in
the County of Dubuque, Iowa;
Thence South 11 Degrees 58 Minutes 32 Seconds East along the East line of said Lot 1 a distance
of 500.82 feet;
Thence Southeasterly along a circular curve concave to the East, having a radius of 955.37 feet, a
chord of 387.07 feet which bears South 23 Degrees 33 Minutes 34 Seconds East, an arc length of
389.77 feet to the Southeast corner of said Lot 1;
Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a distance of 39.63
feet to a point on the Westerly right of way line of Kennedy Road;
Thence Northwesterly along said Westerly right of way line being a circular curve concave to the
East, having a radius of 988.37 feet, a chord of 378.50 feet which bears North 22 Degrees 54
Minutes 51 Seconds West, an arc length of 380.85 feet;
Thence North 11 Degrees 58 Minutes 32 Seconds West along said Westerly right of way line a
distance of 506.68 feet to a point on the North line of said Lot 1;
Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a distance of 33.52
feet to the point of beginning, containing 29,337 square feet, more or less, and is subject to
easements, reservations, restrictions and rights of way of record and not of record, and;
A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range 2 East of the
5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Section 16, Township
89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa;
Thence Southeasterly along the Easterly line of said Lot 1 of Lot 1, being a circular curve concave
to the East, having a radius of 955.37 feet, a chord of 145.47 feet which bears South 39 Degrees
36 Minutes 48 Seconds East, an arc length of 145.61 feet;
Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly line a distance of
33.40 feet to a point on the Westerly right of way line of Kennedy Road;
Thence Northwesterly along said Westerly right of way line, being a circular curve concave to the
East, having a radius of 988.37 feet, a chord of 177.98 feet which bears North 39 Degrees 07
Minutes 07 Seconds West, an arc length of 178.22 feet to a point on the North line of said Lot 1 of
Lot 1;
Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line a distance of 39.63
feet to the point of beginning, containing 5,344 square feet, more or less, and is subject to
easements, reservations, restrictions and rights of way of record and not of record.
2of2
THE CITY OF Dubuque City of Dubuque
DUDT TB Planning Services Department
I I I I Dubuque, IA 52001-4805
Masterpiece on the Mississippi I) Phone: 563-589-4210
N.y. Fax: 563-589-4221
planninq@cityofdtibiiclue.org
ora
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat []Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ®Annexation ❑Historic Designation
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please ripe or print legibly in ink
Property owner(s): Derby Grange, LLC c/o Dave Riniker Phone: 563-451-4722
Address: 12568 Kennedy Road City: Dubuque State: IA zip: 52002
Fax #: Cell #: 563-451-4722 E-mail: rinikers@gmall.com
Applicant/Agent: same as above Phone:
Address: City: State: Zip:
Fax#: Cell #: E-mail:
Site location/address: Northwest corner of Kennedy Road and Derby Grange Road Neighborhood Association: N/A
Existing zoning: County AG Proposed zoning: R-2 District: N/A Landmark: ❑ Yes ® No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lot 1 of Tscharner Place#4
Total property (lot) area (square feet or acres): 50.4 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): Facilitate development of the property for
single-and two-family dwellings
CERTIFICATION: I/we,the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): ^J Date:_.Z/8//7
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICATION SUUBBMITTAL CHECKLIST
Fee: �— Received by: / Date: 8 / Docket:
..�r` J` EXHIBIT A ILEAL DISCRIPTION 01'IANO TO HEANNIA1,11: �UA
.... ✓
DU�,B LJO— F LOT I OI'TSC91ARMER PIAC1..NO,i,SI MON 9, I�1' 11,G. , `ry'
JV U TOWNEIIII'B9NRTILRANCC2L'ASTOYTIIL'1'ITIIiM, VAiV�V�
ALuleqinwu.ILe Misei..gyn DII/II10111i CO11Nn IOWA e.w...........�...�n.........
I VISTA E TATES LAV TAE ATE j
TSCHARNE'i Z� 1
/ PLACEIY3; �3. V
AREA TO BE / /��� '
ANNEXED LOTti
PIN # 1009326003
LOT2 TSCHARNER PLACE M4 //�/�� r
P1,A5'. t Q S3 I LOTS -
LOT LINE(TYP) % / /
/ L/ LOT
...,... / DARW _.
/ ACRES
023
_ LOT / (,�� LOT2
' LOT 1.2 PLACE NO.2L 1-1
TSCHARNER
TSCHARNER PLACE OT
// LOMNE SY
� a£C�T6BN R3
LOT12
BLOCKS
LOT2 1 BARONY
.,� LOTI SW SW-SEC O9 TB9N R:1: SW SW LOT 2-1 SE SW-SEC 09 T09N R2E WOODS ("
SEC 09 -
T89N R2E
N M.P P.00—by
1 inch 300 feet ® - cN 3r D666R
Enolo—m DHisa
320 160 0 32D Feel W E / AREA TO BE ANNEXED S6WWl hs..
. •.l'..,.....�' Plwne.(563)36942]
T11 cinoa City of Dubuque
DT TB E Planning Services Department
lJ Dubuque, IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
Fax: 563-589-4221
planninq(&citvofdubuoue orr
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment [-]Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑ mporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan +(Annexation ❑Historic Designation choose one
❑Limited Setback Waiver [-]Minor Site Plan []Historic Revolving Loan []Demolition
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Property owner(s):.j�a M '4-TnjC)e4
lid
Phone: 513-
Address:Q5!q lriNd- S I.a&AIQ FiG( City:��i ' state:s�Zi (]
_ y l n p: _73
Fax #: Cell #: 5A3 -59 /'QR N E-mail:
J
�f(C 5�.7��'l aQ�• C
f/
Applicant/Agent: �e5 f SS Phone:
Address: LLppWtJ City: State: Zip:
Fax#: Cell #: E-mail:
Site location/address: /1>kL,4 6'4,41)Neighborhood Association.
Existing zoning: A-1 Proposed zoning: ' District: X)/, Landmark: ❑ Yes [5 !-�
6>OVYI' Cnsr /53 ' -or
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): *0 GOT c"qci
Total property (lot) area (square feet or acres) Z GP .4cx25 CerT e/
Describe proposal and reason necessary (attach a letter of explanation, if needed): 50-61/t A P- d eve-I epy%enf-
�
Re-rf�-fov slnc(e {tcn�ilY l2orkZs
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional requi written and graphic materials are attached. /
Property Owner(s): f-z_ Date: : /
Applicant/Agent: Date:
FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST
v
Fee: Received by: ` r� Date: g Z l ocket:
/�D�FSECTION
ND 1-1/4' LOT LOT 5 LOT s LOT 7
E - 6.59' EAST Lor e
LINE LA VISTA ESTATES REC.AS:N89'41'30/,WS,839
LA VISTA STATES
flEC.A5:N69.25.30'W S89'40'15-E NO 2
S89'21'39'E 666.72' 53.59'
'38'47" 605.73'
NO 32'13'W
52.73 SOUTH LINE OF THE NWV4,SEC.9,T89N.R2E
\-WS/4 CORNER
SEC.9,T89N,R2E FOUND 1/2' FOUND 5/8' FOUND
FOUND STANDARD REBAR w/ REBAR w/ CAP 1-114-
CONC. MONUMENT YELLOW CAP #2435 (TYP.) PIPE
#14417 (TYP,)
PROPRIETORS:
JAMES F. KRESS 6 JANET M. KRESS m
22514 FINLEYS LANDING ROAD
SHERRILL. IOWA 52073 ui
v
LEGAL DESCRIPTION:
LOT 2 OF TSCHARNER PLACE NO.4, DUBUQUE COUNTY, IOWA. _
GO
N DUBUQUE COUNTY PARCEL IDENTIFICATION NUMBER: in c�
Parcel ID.1009301008 CU Q.,P
Ui
m P
ANNEXATION
ST5 .00 FE
1DESCRIPTION:T
THEEF THE SOUTH 850.00 FEET OF N �cae�o.o
N
OD W LOT 2 OF TSCHARNER PLACE NO.4, DUBUQUE COUNTY, IOWA.
N~
zm S89'26'22"E S89'2B'22'E
o LOT 2 35,80' 117.20'
Z TSCHARNER PLACE N0. 4, -_34.2C.• _
DUBUQUE COUNTY, IOWA 4 33.00'
18.55 ACRES TOTAL
-0.18 ACRES ROAD
18.37 ACRES NET PROPOSED
PROPOSED
ANNEXATION Q .` v w1oE
AREA STREET
W s
(153'X 850') m 1
2.99 ACRES TOTALMI
-0.79 ACRES ROAD N ' EXISTING
2.20 ACRES NET m ` ( SHARED ACCESS
o� AND UTILITY
zZ EASEMENT
REC.AS:S69'45'57'W 686.05' (66' WIDE)
N89'04'33'W 688.15, _
FOUND 5/8" -mk m
REBAR w/
YELLOW CAP
#12631 (TYP.) -
c
V yQQ ,QP n mm 1
W Ohp24o2R�"L m 'Tm
,2
10 yc vZPe2� mm Wm
� yu <mmm
m
SW CORNER ay1r7
0o NWS/4,SW1/4
z SEC.S,T89N,R2E o
FOUND NAIL IN = 33-4a ' 33.00'S8SEC.AS:
ASPHALT ROAD Wei os�r
12� NB9'2S'22'W
— R.O.W. LINE 458.69'
52_da
DERBY GRANGE ROAD (104') N89 29 22 _ S89'28'22"E
_ R.O.W. LINE 153 00 491,85'
R C 95� _
GRAPHIC SCALE 1"=150 seg 2z 24 w
FOUND
_ MAG NAIL SE CORNER
(TYP.) NW1/4, SWS/4,
0 150 300 450 SEC.9, T89N,R2E
FOUND MAG NAIL
SCHNEIDER
ANNEXATION PLAT Land Surveying
THE EAST 153. 00 FEET OF Planning, Inc.
THE SOUTH 850 . 00 FEET OF P.yO. e0% 128
OWO FPhi 563-744 36315
LOT 2 OF TSCHARNER PLACE NO . 4, Fax 563-744-3629
DUBUQUE COUNTY, IOWA . Project: 1102ANNEX
Survey Date:B 23 2016
Sheet: 1 of 1
THE CITY OF
City of Dubuque
DUB E Planning Services Department
Dubuque,IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
Fax: 563-589-4221
planning@cityofdubti(iiie.org
org
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat [:]Temporary Use Permit
❑Special Exception p ry ❑Certificate si Economic Non-Viability
p ❑Simple Site Plan [MAnnexation ❑Historic Designation choose one
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Propertyowner(s): City of Dubuque, Iowa Phone: 563-589-4110
Address:50 W. 13th Street City: Dubuque State: IA zip:52001
Fax#:563-589-4149 cell #: E-mail: ctymgr@cityofdubuque.org
Applicant/Agent: Michael C. Van Milligen, City Manager Phone: 563-589-4110
Address: 50 W. 13th Street City: Dubuque state: IA Zip:52001
Fax#:563-589-4149 Cell #: E-mail: ctymgr@eityofdubuque.org
Site location/address:
John F.Kennedy Right-of-Way north of John Wesley Drive N/A
Neighborhood Association:
N/A AG N/A
Existing zoning: Proposed zoning: District: Landmark: ❑Yes ❑Y No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):See enclosed Exhibits A,B,C
Totalroe 1 .35 acres
p p rty(lot)area (square feet or acres):
Describe proposal and reason necessary(attach a letter of explanation, if needed): 100%voluntary annexation request by
the City Manager for territory owned by the City of Dubuque as shown on enclosed Exhibit A, B &C and other
maps. Annexation territory is John F. Kennedy Road right-of-way.
CERTIFICATION: I/we,the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written M graphic materials are attached. f/
Property Owner(s): Date: L vi
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICAT SUB AL CHECKLIST
Fee: N/A Received Date: Z-/62—/7Docket:
i
Reserved for Recorder
IDci�d�Dsum00v6vui'0D0d TrP•: afx
Exhibit A Recorded OVB7/2et 12 Y1[WI
Fe•Out: 022.00 Pap017 e 1 0/4
J.hnNbua Caunty Iac•
-1.2017 00001163
F13•
Prepared By:Nate Kieffer 50 West 13th SL Dubuque,IA 52001 Ph:563-589-4270
NORT H
0O 50® ,
SCALE V=1W FEE
NOTE: 1 \ w1•ww8 OPLOT4xOgDI1pPPR
1 114 NOTES:1\\` PERP UT B^AC✓.LPnGa 1.
THIS SURVEY IS LIN THE
THE HE I/C 6 NW 1N 1
SECTION 16,Te9H,R2E '<%1 1,ALL MEASUREMENTS ARE IN FEET
(OUBWUE tOWNSHN) m AND DECIMALS THEREOF.
Of THE STH P.M.,DUBUQUE 1 'fit r.�a R.PROPRIETOR Of MOVE DESCRIBED
COUNTY.xaWA 1 9a, �,mcumnm-.o LOT:J0HNT.BDLWEAIRICHAWI
X SURVEY REQUESTED BY:CRY OF
DUBUQUE.W W.13TH ST.DUBUQUE,
1 x Na R ONVA
AN
I S llar'a's' 3.TOTAL AREA OF PERIMETER
1 A 1 Z /'t SURVEYED IS 2,879 SOUME FEET
�9 `s m0 S.TH19 PIAT FRECO DTDAIL
1 YP .( W EASEMENTS OF RECORD ANp NOT OF
RECORD.
t lfi: OI 6.DATE OF SURVEY:%-0t-2018
1 �
rraP.r€,o r 1 OI is ..aEa,
BIDIWOBNDROYI
PFn Fuie[altIDPn EtoP 1 '
FOUND
I
I d
1 5
" ON ROD/PIPE AS REBAR WITH YELLOW 11 1�\PRS y P E55µ0`N
O SET 518 a
PLASTIC CAP#18128 / —
R.O.W. RIGHT OF WAY
(100.00')RECORDED DIMENSION \
LINE BREAK .........
ADJACENT PROPERTY LINE aa� 'f LOT IA OF LOT 20F LOTS
— — — — RIGHT OF WAY LINE(EXISTING) m. \ ..e..a,. ,. OF HELEN E.AN MARY H.SEC.16,T89N,
-T STEWART��- R2E OF THE STH P.M.
e PLACED CUT'X' �~A \
I P,ra.�. \ \ ' 2,8798Q.FT.(0.07 ACRES)
—T a \
Dubuque CITY OF DUBUQUE
ENGINEERING DEPARTMENT r.ra
CYTY IIPIL, SO WEBT I]N ReTREET \ Fe,p.��u�Pi3
,u-Al�IL9 OUBVCVE.Iq 3300`%8 ♦ a Icv.ma �arwemvim
I I I�. au.N a BM 1-ail hwaM ISR Cs ®auNer.xm AVE' \/yw/1�\�9m'E\ } a' ��MI Od aru
LOT to Of LOT 20F LOT]Of HELEN E.BMARY H ®
. � /` N.•I .ae�ma>"]A�t b-91
STENVMTSUBDIVISION,SEC.16.TEEN,R2E OF SM P.M.
awum. war.coorwmrvmnnlq+,r. aai ���� mMr
2007 01P.N,4.A 4rwx mm'a'.'Y.aw ac
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CITY OF DUBUQUEPr v
ACQUISITION PLAT
COUNTY DUBUQUE PARCEL NO. WA JOB NO. N/A
PROJECT KENNEDYRD ROW SECTION fb TYP 89H gANISE 2E O� /
ROW-FE SEEE ABOVE EXIST. ROAD SEEA90VE PERM. EASEM'T NIA � / I
iOT LiJ MEIEPIE..'H ARTSUfl.SEC.m T89r
LEGAL DE5CRIPTION:L
j OWNER JOHN T.B DIANE M.RICHMAN
SURVEYOR'S CERTIFICATE
PROPERTY DESCRIPTION
Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H Stewart Subdivision Section 16 Township
89 North, Range 2 East of the 5w Principal Meridian in the County of Dubuque Iowa
A part of Lot 1 of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township
89 North, Range 2 East of the 51' Principal Meridian, in the County of Dubuque, Iowa, more
particularly described as follows:
Commencing as a point of reference at the Southeast comer of Lot 1 of Block 1 of Barony Woods
in Dubuque County, Iowa;
Thence South 36 Degrees 58 Minutes 03 Seconds West along the South line of said Lot 1 a
distance of 110.56 feet to a point on the Easterly right of way line of John F. Kennedy Road (aka
Kennedy Road)and the point of beginning;
Thence South 45 Degrees 00 Minutes 26 Seconds East along said Easterly right of way line a
distance of 89.81 feet to a point on the Easterly line of Lot 1 of Lot 2 of Lot 3 of Helen E. and Mary
H. Stewart Subdivision;
Thence South 45 Degrees 50 Minutes 48 Seconds West along said Easterly line a distance of
33.00 feet to the Southeast comer of said Lot 1 of Lot 2 of Lot 3;
Thence North 45 Degrees 00 Minutes 26 Seconds West along the Southerly of said Lot 1 of Lot 2
of Lot 3 a distance of 84.67 feet to the Southwest corner of said Lot 1 of Lot 2 of Lot 3;
Thence North 36 Degrees 58 Minutes 03 Seconds East along the Westerly line of said Lot 1 of Lot
2 of Lot 3 a distance of 33.33 feet to the point of beginning, containing 2,879 square feet, more or
less, and is subject to easements, reservations, restrictions and rights of way of record and not of
record.
The above described parcel shall hereinafter be known as Lot 1A of Lot 2 of Lot 3 of Helen E.
and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 51'
Principal Meridian, in the County of Dubuque, Iowa.
The above described lots were surveyed and platted for right-of-way purposes, the plat of which is
attached hereto and made a part of this certificate. All monuments were placed or shall be placed
within one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that I am a duly licensed
Professional Land Surveyor under the laws of the State of Iowa.
�o•�?•'"` v°s `7�� 9- 23 z of
• •••G,p Date d
Russell N. Kieffer, P.L.S. No. 18128
N)SML N.
z• :o My license renewal date is Dec. 31, 2016
18128 A Pages on sheets covered by this seal: this sheet only
IOWA
Reserved for Recorder
Exhibit B K1nd�D5 R E�PIAS OO i Typs: GEN
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CITY OF DUBUQUE
ACQUISITION PLAT
COUNTY OUBUOUE PARCEL NO. N/A JOB NO. AAA
PROJECT KENNEOYRD.ROW SECTION 16 TWP 89N RANGE 2E
ROW-FEE SEEABOVE p%IST. ROAD SEEABOVE PERM. EASEM'T N/A
TOrlAOF tOi I-PITT-7TR=F3ANRYHSTEWAR)$09�'EL�T^ +4
LEGAL DESCRIPTION:TSPN ate OFF 5TNPu ^ �3�
OWNER GILBERTMERRITT
SURVEYOR'S CERTIFICATE
PROPERTY DESCRIPTION
Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H.Stewart Subdivision Section 16 Township 89
North, Range 2 East of the 51 Principal Meridian in the County of Dubuque Iowa
A part of Lot 2 of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H. Stewart Subdivision, Section 16,Township
89 North, Range 2 East of the 51 Principal Meridian, in the County of Dubuque, Iowa, more particularly
described as follows:
Commencing as a point of reference at the Southeast corner of Lot 1 of Block 1 of Barony Woods in
Dubuque County, Iowa;
Thence South 36 Degrees 58 Minutes 03 Seconds West along the South line of said Lot 1 a distance of
143.89 feet to the Southwest comer of Lot 1 of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart
Subdivision and the point of beginning;
Thence South 45 Degrees 00 Minutes 26 Seconds East along the South line of Lot 1 of Lot 2 of Lot 3
and Lot 2 of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision a distance of 168.96 feet to the
Southeasterly corner of said Lot 2 of Lot 2'of Lot 3;
Thence South 45 Degrees 50 Minutes 48 Seconds West along the Westerly line of Lot 2-1-1-1-1-1-1-3
of Helen E. and Mary H. Stewart Subdivision a distance of 50.02 feet to the Southwest comer of said
Lot 2-1-1-1-1-1-1-3;
Thence North 36 Degrees 52 Minutes 25 Seconds West along Northerly line of Lot 2 and Lot B of
Barton Randle Addition in the City of Dubuque a distance of 166.14 feet to the North-most corner of
said Lot B;
Thence North 36 Degrees 58 Minutes 03 Seconds East along the Southerly extension of the West line
of said Lot 1 of Lot 2 of Lot 3 a distance of 26.77 feet to the point of beginning, containing 6,361 square
feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record
and not of record.
The above described parcel shall hereinafter be known as Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E.and
Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 51 Principal
Meridian, in the County of Dubuque, Iowa.
The above described lots were surveyed and platted for right-of-way purposes, the plat of which is
attached hereto and made a part of this certificate. All monuments were placed or shall be placed within
one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that I am a duly licensed Professional
Land Surveyor under the laws of the State of Iowa.
yvv` Date
rri�• D•S Russell N. Kieffer, P.L.S. No. 18128
'GPS My license renewal date is Dec. 31, 2016
Pages on sheets covered by this seal: this sheet only
:A
• 18123
'• 2
•......
- IOWA
- Reserved for Recorder
KLAd106URVOEV5858=0 Type; DEH
Exhibit C Fe,hat: 4S2.W p Ito%210 Jd PN
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2017-600001162
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iPrepared By:Nate Kieffer 50 West 13th St.Dubuque,IA 52001 Ph:563-589-0270
DERBY GRANGE RD.104'ROW
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THIS 8US.114 ECTION LOCATED IN THE
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LOT A OF GOLDTHORP PLACE SURV ED 1649.413 SCKME FEEr
12,264 S0.FT.(0.28 ACRES) RUGBY COURT 66'ROW z THISPlATISSDSJECTTOAL1.
EASEMENTS OF RECORD AND NOT OF
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CITY OF DUBUQUE
ACQUISITION PLAT
COUNTY DUBUQUE PARCEL N0. WA
JOB NO WA
PROJECT KENNEDYRD.ROW SECTION—R TWP 89N RANGE 2E
ROW-FEE SEE ABOVE FXIST. ROAD SEEABOVE PERM. EASEM'T
LEGAL DESCRIPTION: PARTSOFLOTS I,1-2,2-2,&3OFGOLDTHORPP"CE °smz aw
OWNER BARONY INC.
SURVEYOR'S CERTIFICATE
PROPERTY DESCRIPTION
Lot A
A part of Lot 3 of Goldthorp Place, Dubuque Township, Dubuque County, Iowa, more particularly
described as follows:
Beginning at the Northwest comer of Lot 12 Block 3 of Barony Woods in Dubuque County, Iowa;
Thence Southeasterly along the Easterly right of way line of John F. Kennedy Road (aka Kennedy
Road), being a circular curve concave to the East, having a radius of 922.37 feet, a chord of
184.96 feet which bears South 06 degrees 12 minutes 37 seconds East, an arc length of 185.27
feet, and a central angle of 11 degrees 30 minutes 31 seconds;
Thence South 11 degrees 58 minutes 32 seconds East along said Easterly right of way line a
distance of 186.51 feet;
Thence South 89 degrees 27 minutes 28 seconds West a distance of 33.67 feet to a point on the
centerline of said road right of way;
Thence North 11 degrees 58 minutes 32 seconds West along the centerline of said road right of
way a distance of 179.84 feet;
Thence Northwesterly along the centerline of said road right of way, being a circular curve concave
to the East, having a radius of 955.37 feet, a chord of 191.31 feet which bears North 06 degrees 13
minutes 07 seconds West a distance of 191.31 feet, an are length of 191.63 feet, and a central
angle of 06 degrees 13 minutes 07 seconds, to a point on the South line of Lot 2 of the Northeast
Quarter of the Southwest Quarter of Section 9, Township 89 North, Range 2 East of the 5'"
Principal Meridian, Dubuque County, Iowa;
Thence North 89 degrees 03 minutes 48 seconds East along said south line a distance 33.00 feet
to the point of beginning, containing 12,264 square feet, more or less, and is subject to easements,
reservations, restrictions and rights of way of record and not of record.
The above described parcel shall hereinafter be known as Lot A of Goldthorp Place in the
County of Dubuque, Iowa.
Lot B
A part of Lot 2-2 of Goldthorp Place, Dubuque Township, Dubuque County, Iowa, more particularly
described as follows:
Beginning at the Northwest corner of Lot 1 Block 3 of Barony Woods in Dubuque County, Iowa;
Thence South 78 degrees 01 minutes 28 seconds West a distance of 33.00 feet to a point on the
centerline of the right of way of John F. Kennedy Road (aka Kennedy Road);
Thence North 11 degrees 58 minutes 32 seconds West along the centerline of said road right of
way a distance of 159.86 feet;
Thence North 89 degrees 27 minutes 28 seconds East a distance of 33.67 feet to a point on the
Easterly right of way line of said road;
2
Thence South 11 degrees 58 minutes 32 seconds East along said Easterly right of way line a
distance of 153.19 feet to the point of beginning, containing 5,165 square feet, more or less, and is
subject to easements, reservations, restrictions and rights of way of record and not of record.
The above described parcel shall hereinafter be known as Lot B of Goldthorp Place in the
County of Dubuque, Iowa.
Lot C
A part of Lot 1-2 of Goldthorp Place, Dubuque Township, Dubuque County, Iowa, more particularly
described as follows:
Beginning at the Northwest comer of Lot 1 Block 3 of Barony Woods in Dubuque County,
Iowa;
Thence South 11 degrees 58 minutes 32 seconds East along the Easterly right of way line
of John F. Kennedy Road (aka Kennedy Road) a distance of 322.13 feet;
Thence South 89 degrees 27 minutes 28 seconds West a distance of 33.67 feet to a point
on the centerline of said road right of way;
Thence North 11 degrees 58 minutes 32 seconds West along the centerline of said road
right of way a distance of 315.46 feet;
Thence North 78 degrees 01 minutes 28 seconds East a distance of 33.00 feet to the point
of beginning, containing 10,520 square feet, more or less, and is subject to easements,
reservations, restrictions and rights of way of record and not of record.
The above described parcel shall hereinafter be known as Lot C of Goldthorp Place in the
County of Dubuque, Iowa.
Lot D
A part of Lot 1 of Goldthorp Place, Dubuque Township, Dubuque County, Iowa, more particularly
described as follows:
Commencing as a point of reference at the Southeast comer of Lot 1 Block 1 of Barony
Woods in Dubuque County, Iowa;
Thence South 36 degrees 58 minutes 03 seconds West along the South line of said Lot 1 a
distance of 110.56 feet to a point on the Easterly right of way line of John F. Kennedy Road
(aka Kennedy Road) and the point of beginning;
Thence South 36 degrees 58 minutes 03 seconds West along said South line of Lot 1 a
distance of 33.49 feet to a point on the centerline of said road right of way;
Thence Northwesterly along the centerline of said road right of way, being a circular curve
concave to the East having a radius of 955.37 feet, a chord of 528.40 feet which bears
North 27 degrees 55 minutes 32 seconds West, an are length of 535.38 feet, and a central
angle of 32 degrees 06 minutes 29 seconds;
Thence North 11 degrees 58 minutes 32 seconds West along the centerline of said road
right of way a distance of 130.73 feet;
Thence North 89 degrees 27 minutes 28 seconds East a distance of 33.67 feet to a point on
the Easterly right of way line of said road;
3
1
Thence South 11 degrees 58 minutes 32 seconds East a distance of 124.06 feet along said
Easterly right of way line;
Thence Southeasterly along said Easterly right of way line, being a circular curve concave
to the East having a radius of 922.37 feet, a chord of 505.13 feet which bears Southf27
degrees 45 minutes 57 seconds East, an arc length of 511.66 feet, and a central angle of
31 degrees 46 minutes 59 seconds, to the point of beginning, containing 21,496 square
feet, more or less, and is subject to easements, reservations, restrictions and rights of way
of record and not of record.
The above described parcel shall hereinafter be known as Lot D of Goldthorp Place In the
County of Dubuque, Iowa.
The above described lots were surveyed and platted for right-of-way purposes, the plat of which is
attached hereto and made a part of this certificate. All monuments were placed or shall be placed
within one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that 1 am a duly licensed
Professional Land Surveyor under the laws of the State of Iowa.
Date G4 -ll- 701&
O " . S Russell N. Kieffer, P.L.S. No. 18128
Gp My license renewal date is Dec. 31, 2016
ci Pages on sheets covered by this seal: this sheet only
N.
16128
/OW?.
4
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St. Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121
RESOLUTION NO. -17
RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received written applications from property
owners for the voluntary annexation of 56 acres of property which includes 5.87 acres of County
right-of-way located on the northwest corner of the intersection of John F. Kennedy and Derby
Grange Roads with connection to the city of Dubuque by John F. Kennedy Road right-of-way.
Whereas, Marlene L. Brimeyer, as property owner has submitted a written application for
voluntary annexation of approximately 1.42 acres of territory lying outside the corporate limits of the
City of Dubuque, Iowa as shown on Exhibit A and legally described as:
A part of Lot 1 of the Subdivision of Lot 1 of the Southeast%of the Southwest 1/4 of Section
9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque,
Iowa, more particularly described as follows:
Beginning at the Northeast corner of Lot 1 of the Subdivision of Lot 1 of the
Southeast %of the Southwest%of Section 9, Township 89 North, Range 2 East of
the 5th Principal Meridian, in the County of Dubuque, Iowa;
Thence South 11 Degrees 58 Minutes 32 Seconds East along the East line of said
Lot 1 a distance of 500.82 feet;
Thence Southeasterly along a circular curve concave to the East, having a radius of
955.37 feet, a chord of 387.07 feet which bears South 23 Degrees 33 Minutes 34
Seconds East, an arc length of 389.77 feet to the Southeast corner of said Lot 1;
Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a
distance of 39.63 feet to a point on the Westerly right of way line of Kennedy Road;
Thence Northwesterly along said Westerly right of way line being a circular curve
concave to the East, having a radius of 988.37 feet, a chord of 378.50 feet which
bears North 22 Degrees 54 Minutes 51 Seconds West, an arc length of 380.85 feet;
Resolution No. - 17
Page 2
Thence North 11 Degrees 58 Minutes 32 Seconds West along said Westerly right of
way line a distance of 506.68 feet to a point on the North line of said Lot 1;
Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a
distance of 33.52 feet to the point of beginning, containing 29,337 square feet, more
or less, and is subject to easements, reservations, restrictions and rights of way of
record and not of record, and;
A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range 2 East of
the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as
follows:
Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Section
16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of
Dubuque, Iowa;
Thence Southeasterly along the Easterly line of said Lot 1 of Lot 1, being a circular
curve concave to the East, having a radius of 955.37 feet, a chord of 145.47 feet
which bears South 39 Degrees 36 Minutes 48 Seconds East,an arc length of 145.61
feet;
Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly line a
distance of 33.40 feet to a point on the Westerly right of way line of Kennedy Road;
Thence Northwesterly along said Westerly right of way line, being a circular curve
concave to the East, having a radius of 988.37 feet, a chord of 177.98 feet which
bears North 39 Degrees 07 Minutes 07 Seconds West, an arc length of 178.22 feet
to a point on the North line of said Lot 1 of Lot 1;
Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line a
distance of 39.63 feet to the point of beginning, containing 5,344 square feet, more
or less, and is subject to easements, reservations, restrictions and rights of way of
record and not of record.
A part of Lot 2 the Subdivision of Lot 1 of the Southeast %of the Southwest%of Section 9,
Township 89 North, Range 2 East of the 5`h Principal Meridian, in the County of Dubuque,
Iowa, more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the
Subdivision of Lot 1 of the Southeast%of the Southwest %of Section 9, Township
89 North, Range 2 East of the 5`h Principal Meridian, in the County of Dubuque,
Iowa;
Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said
Lot 2 a distance of 731.49 feet to the point of beginning;
Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North
line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot 2;
Thence Southeasterly along the East line of said Lot 2, being a circular curve
concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which
bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet;
Resolution No. - 17
Page 3
Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a
distance of 258.07 feet to the Southeast corner of said Lot 2;
Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said
Lot 2 a distance of 33.52 feet to a point on the West right of way line of Kennedy
Road;
Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way
line a distance of 279.21 feet;
Thence Northwesterly along said West right of way line, being a circular curve
concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which
bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet;
Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of
way line a distance of 159.58 feet to a point on the South right of way line of Derby
Grange Road;
Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to
the point of beginning, containing 27,435 square feet, more or less,and is subject to
easements, reservations, restrictions and rights of way of record and not of record.
Whereas, Derby Grange LLC, as property owner has submitted a written application for
voluntary annexation of approximately 50.4 acres of territory lying outside the corporate limits of the
City of Dubuque, Iowa as shown on Exhibit A and legally described as:
Lot 1 of Tscharner Place No. 4, Dubuque County, Iowa
Whereas,James F. &Janet M. Kress, as property owner has submitted a written application
for voluntary annexation of approximately 2.99 acres of territory lying outside the corporate limits of
the City of Dubuque, Iowa as shown on Exhibit A and legally described as:
The East 153.00 feet of the South 850.00 feet of Lot 2 of Tscharner Place No. 4, Dubuque
County, Iowa
Whereas, the City of Dubuque, as property owner has submitted a written application for
voluntary annexation of approximately 1.35 acres of territory lying outside the corporate limits of the
City of Dubuque, Iowa as shown on Exhibit A and legally described as:
Lots A, B, C, and D of Goldthorp Place, in the County of Dubuque, Iowa; and
Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H. Stewart Subdivision, Section 16,
Township 89 North, Range 2 East of the Fifth Principal Meridian, in the County of Dubuque,
Iowa; and
Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16,Township
89 North, Range 2 East of the Fifth Principal Meridian, in the County of Dubuque, Iowa
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any State or railroad property; and
Whereas, the annexation territory does include Dubuque County right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a
resolution and required notification; and
Resolution No. - 17
Page 4
Whereas, the annexation territory is consistent with the City's Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas,the City of Dubuque has the capacity to provide substantial municipal services to
the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the applications for the voluntary annexation of property owned
by Marlene L. Brimeyer (1.42 acres), Derby Grange LLC (50.4 acres), James F. & Janet M. Kress
(2.99 acres), and the City of Dubuque (1.35 acres) and 5.87 acres of County right-of-way which
includes John F. Kennedy Road and to the abutting centerline of Derby Grange Road are hereby
approved for annexation to the City of Dubuque.
Section 2. That, subject to the approval of the City Development Board, the corporate
limits of the City of Dubuque be and they hereby are extended to include the approximately 56 acres
of annexation territory as shown on Exhibit A Site Location Map and Exhibit B Legal Descriptions.
Section 3. That the City Council does hereby certify that the City of Dubuque has
complied with the notice and hearing requirements of the Iowa Code pertaining to 100% voluntary
annexation of territory within the urbanized area of another city.
Section 4. That if the City Development Board approves this annexation, the territory
hereby annexed shall become a part of Ward One of the City of Dubuque.
Section 5. That the City Clerk shall file this resolution,all exhibits and the applications for
voluntary annexation with the City Development Board of the State of Iowa in accordance with the
provisions of Chapter 368 of the Iowa Code.
Passed, approved and adopted this day of 2017.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
F:\Users\Wwernimo\Annexation\Rustic Point Area\Rustic Point annexation 2017 approval resolution.doc
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EXHIBIT A
SITE LOCATION MAP FOR -
RUSTIC POINT AREA ANNEXATION
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I DUBUQUE COUNTY
CITY OF DUBUQUE
LOCATION MAP
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KEY
Proposed Area to be Annexed
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EXHIBIT B
LEGAL DESCRIPTON
A part of Lot 1 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of
Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County
of Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeast corner of Lot 1 of the Subdivision of Lot 1 of the
Southeast '/4 of the Southwest '/4 of Section 9, Township 89 North, Range 2 East
of the 5th Principal Meridian, in the County of Dubuque, Iowa;
Thence South 11 Degrees 58 Minutes 32 Seconds East along the East line of said
Lot 1 a distance of 500.82 feet;
Thence Southeasterly along a circular curve concave to the East, having a radius
of 955.37 feet, a chord of 387.07 feet which bears South 23 Degrees 33 Minutes
34 Seconds East, an arc length of 389.77 feet to the Southeast corner of said Lot
1;
Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a
distance of 39.63 feet to a point on the Westerly right of way line of Kennedy Road;
Thence Northwesterly along said Westerly right of way line being a circular curve
concave to the East, having a radius of 988.37 feet, a chord of 378.50 feet which
bears North 22 Degrees 54 Minutes 51 Seconds West, an arc length of 380.85
feet;
Thence North 11 Degrees 58 Minutes 32 Seconds West along said Westerly right
of way line a distance of 506.68 feet to a point on the North line of said Lot 1;
Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a
distance of 33.52 feet to the point of beginning, containing 29,337 square feet,
more or less, and is subject to easements, reservations, restrictions and rights of
way of record and not of record, and;
A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range 2 East
of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described
as follows:
Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Section
16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County
of Dubuque, Iowa;
Thence Southeasterly along the Easterly line of said Lot 1 of Lot 1, being a circular
curve concave to the East, having a radius of 955.37 feet, a chord of 145.47 feet
which bears South 39 Degrees 36 Minutes 48 Seconds East, an arc length of
145.61 feet;
Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly line
a distance of 33.40 feet to a point on the Westerly right of way line of Kennedy
Road;
Thence Northwesterly along said Westerly right of way line, being a circular curve
concave to the East, having a radius of 988.37 feet, a chord of 177.98 feet which
bears North 39 Degrees 07 Minutes 07 Seconds West, an arc length of 178.22
feet to a point on the North line of said Lot 1 of Lot 1;
Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line a
distance of 39.63 feet to the point of beginning, containing 5,344 square feet, more
or less, and is subject to easements, reservations, restrictions and rights of way of
record and not of record; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast'/4 of the Southwest '/4 of Section
9, Township 89 North, Range 2 East of the 5" Principal Meridian, in the County of
Dubuque, Iowa, more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the
Subdivision of Lot 1 of the Southeast'/4 of the Southwest'/4 of Section 9, Township
89 North, Range 2 East of the 5"' Principal Meridian, in the County of Dubuque,
Iowa;
Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said
Lot 2 e distance of 731.49 feet to the point of beginning;
Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North
line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot 2;
Thence Southeasterly along the East line of said Lot 2, being a circular curve
concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which
bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63
feet;
Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a
distance of 258.07 feet to the Southeast corner of said Lot 2;
Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of
said Lot 2 a distance of 33.52 feet to a point on the West right of way line of
Kennedy Road;
Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of
way line a distance of 279.21 feet;
Thence Northwesterly along said West right of way line, being a circular curve
concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which
bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet;
Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of
way line a distance of 159.58 feet to a point on the South right of way line of Derby
Grange Road;
Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet
to the point of beginning, containing 27,435 square feet, more or less, and is
subject to easements, reservations, restrictions and rights of way of record and not
of record; and
Lot 1 of Tscharner Place No. 4, Dubuque County, Iowa; and
The East 153.00 feet of the South 850.00 feet of Lot 2 of Tscharner Place No. 4, Dubuque
County, Iowa; and
Lots A, B, C, and D of Goldthorp Place, in the County of Dubuque, Iowa; and
Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H. Stewart Subdivision, Section 16,
Township 89 North, Range 2 East of the Fifth Principal Meridian, in the County of
Dubuque, Iowa; and
Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section
16,Township 89 North, Range 2 East of the Fifth Principal Meridian, in the County of
Dubuque, Iowa.
City of Dubuque: Benefits of Annexation - Frequently Asked Questions
When will the City of Dubuque annex surrounding unincorporated areas?
The City of Dubuque has an Annexation Study of potential growth areas to evaluate future
growth and service extensions related to annexation. This study is not a plan; it does not
contain a timeline or schedule. The Annexation Study provides a cost-benefit analysis and
comparative ranking of these areas.
City staff has not been directed by the City Council to annex any unincorporated areas at
this time.
When is a pre-annexation agreement required?
New subdivisions subject to the City of Dubuque fringe area development policy are
required to have a pre-annexation agreement as part of the subdivision approval process by
the City of Dubuque. Generally, these subdivisions are within two miles of the Dubuque city
limits.
What happens once residents sign a pre-annexation agreement?
Until the area is annexed, there is no change for property owners. No service is provided
by the City of Dubuque. All service costs remain the same. Property taxes remain the
same. Public safety services continue to be provided by the County Sheriff's Department
and the volunteer Fire Department. Refuse collection and snow removal remain private
services. Street maintenance and repair remain private expenses.
What would annexation do for the affected residents?
With annexation to the city of Dubuque comes improved water and sanitary sewer,
municipal public safety services, increased government representation and other benefits.
Annexation provides the area with 24/7 access to the same municipal services and at the
same costs available to residents already within the city boundaries.
The Dubuque Water Department is dedicated to producing and delivering the best quality
drinking water that complies with all state and federal standards. Over 200 tests daily are
performed by water treatment plant operators. The City uses a lime softening process, so
customers do not need to soften their water.
The City of Dubuque has a separate sanitary sewer system that collects wastewater and
conveys it to the City's wastewater treatment facility, where it is treated and cleaned before
it is discharged into the Mississippi River.
The Dubuque Police Department is the primary law enforcement agency for the city, with
over 100 sworn officers and civilian employees. The Department conducts patrol,
community-oriented policing, and criminal investigations and operates three shifts, 24/7,
365 days a year. The Police Department has approximately 50 personnel assigned to Patrol
with an average of 8 to 12 during different times of the day to cover over 31 square miles in
the city of Dubuque. The Police Department has been accredited by the Commission on
Accreditation of Law Enforcement Agencies since 1993.
The Dubuque Fire Department provides fire prevention, fire suppression, hazardous
materials, specialized rescue, paramedic ambulance, and emergency first responder
services. The Department also provides emergency and non-emergency medical transports
and transfers to local hospitals as well as on-scene medical assistance. The Fire
1
City of Dubuque: Benefits of Annexation - Frequently Asked Questions
Department has mutual aid agreements with the volunteer fire departments that serve the
other cities and rural areas in Dubuque County. With six fire stations and 90 personnel, the
Fire Department maintains 24/7 response, 365 days a year.
The Insurance Services Office (ISO) classifies a community's ability to suppress fires from 1
to 10, 1 being highest. ISO rates Dubuque's Fire Department as Class 2, one of only 1,324
in the country (top 2.8% of all fire departments). A lower rating can positively impact
property insurance premiums with some insurance companies.
The Dubuque Housing and Community Development Department coordinates expansive
services for revitalizing neighborhoods; assisting families in buying and preserving their
homes; creating safe, affordable rental housing with several financial assistance
opportunities and a comprehensive inspection program; and covering the housing needs in
our community.
The City's neighborhood development specialist helps neighborhoods organize and develop
the resources needed to create and maintain a vital community. The specialist is a liaison to
existing neighborhood associations, assists in the establishment of new associations, and
provides technical assistance on neighborhood related issues.
The City provides code review, permit issuance, and inspection services for zoning,
housing, building, engineering, and health to address public health, safety, and welfare.
These City services also address quality of life issues such as inoperable vehicles,
abandoned or vacant structures, and nuisances.
The Carnegie-Stout Public Library offers a large selection of print, audio, and electronic
resources to residents with a free library card. Non-residents must purchase library cards.
The Leisure Services Department, through the Park and Recreation Divisions, provides
quality services to the entire community with diverse recreational programs for all ages and
an integrated, efficient, and safe system of parks, trails, and recreational facilities. Non-
residents pay a higher fee to access certain City recreational facilities and programs,
including Bunker Hill Golf Course, Flora and Sutton Swimming Pools, Miller Riverview Park
& Campground, Port of Dubuque Marina, and Eagle Point Park.
What happens to taxes for property owners after annexation?
This first pie chart shows how property taxes are split for rural property in Dubuque County:
53% School District, 41% County, 3% NICC, and 3% "Independent Authorities" which
includes City Assessor, County Hospital (Sunnycrest Manor), Dubuque County Agriculture
Extension, and Tuberculosis and Brucellosis Eradication Fund, and the volunteer fire
department tax levy.
After annexation, the County portion of the owner's property tax rate is reduced, the
property tax levy for the volunteer fire department is eliminated, and the City property tax
rate is added. Other taxing districts, such as Northeast Iowa Community College and
Dubuque Community Schools, stay about the same. The second pie chart shows
approximately how property taxes are split after annexation into the City of Dubuque: 42%
School District, 34% City, 19% County, 3% NICC, and 2% Independent.
2
City of Dubuque: Benefits of Annexation - Frequently Asked Questions
In addition, the State of Iowa allows cities to transition the City portion of property taxes over
a 10-year period after annexation.
1. How Property Taxes are Split in 2. How Property Taxes are Split in
Dubuque County the City of Dubuque
3% 3% 3%2%
19%
41%
■County
■ County
• city
School District
■school District
■ N ICC
■ NICC
■ Independent
■ Independent .
53% 42% 34%
What is the 10-year property tax transition?
The State Code allows cities to offer a transition on the City portion of property taxes over a
10-year period after annexation according to the specific schedule shown below.
Transition Schedule for Reduction in Cit During the first 10 years after annexation,
Y a property owner receives a sliding scale
City Portion of Taxes Portion of Taxes p p Y g
discount from 75% to 15% on the City's
Years 1 and 2 75% portion of property taxes. In the 11 th and
subsequent years, the transition is
Years 3 and 4 60% complete and a property owner pays the
Years 5 and 6 45% full amount of City property taxes due.
Below is an example of this 10-year
Years 7 and 8 30% transition of the City of Dubuque's portion
° of property taxes. This estimate is for a
Years 9 and 10 15% -
sin lefamil home with an assessed
single-family
Year 11 and beyond 0% valuation of$277,640 with the State of
Y Iowa's 54% residential rollback.
Transition Schedule Reduction in Cit Total Property Total Property
for Cit Portion of Y Taxes in Taxes after (Savings)
Y Portion of Taxes Increase
Taxes County Annexation
Years 1 and 2 75% $ 31955 $ 3,739 ($ 216)
Years 3 and 4 60% $ 31955 $ 3,989 $ 34
Years 5 and 6 45% $ 3,955 $4,239 $ 284
Years 7 and 8 30% $ 3,955 $4,488 $ 534
Years 9 and 10 15% $ 31955 $4,738 $ 784
3
City of Dubuque: Benefits of Annexation - Frequently Asked Questions
Year 11 and beyond 0% $ 3,955 $ 4,988 $ 1,033
What is the process for voluntary annexations?
The State of Iowa's City Development Board allows cities to annex land voluntarily in two
ways — both driven by property owners who want to annex.
The first process is a 100% voluntary annexation filed by all property owners in the
territory. The City Council holds a public hearing; if approved, the annexation is filed with
State and County agencies as specified in state law. This process usually takes 3-4 months.
The second process is an `80/20" voluntary annexation, in which the owners of at least
80% of the total land to be annexed file voluntarily.
State law allows up to 20% of the land to be annexed without the owners' consent to create
more uniform city boundaries or to avoid an "island" of unincorporated property surrounded
by a city.
The 80/20 percentages are based on land area, not on population. Public right-of-way and
public property generally is not included in the 80/20 calculation, but can be in some cases.
Once an 80/20 voluntary annexation request is filed, the City Council notifies impacted
property owners and then holds a public hearing. If approved, an 80/20 annexation request
is sent to the State of Iowa's City Development Board.
The Board then schedules a public hearing in Dubuque for all the affected property owners.
The Board must approve this type of annexation by a 4/5 vote. This process can take 6-12
months.
What is the process for involuntary annexations?
An involuntary annexation occurs when property owners of more than 20% of the territory
oppose the annexation.
The City Council holds a public hearing on a petition for involuntary annexation after
notification. If approved, the petition is filed with the City Development Board. If the Board
accepts the petition, it directs appointment of a local committee.
After notification, the committee holds a public hearing. Following the hearing, interested
parties may submit written briefs. No later than 90 days after the public hearing, the
committee decides on the petition. If the committee approves the petition, the City
Development Board submits the matter to the County to hold an election. Registered voters
of the city and territory may vote. The annexation is authorized if a majority vote in favor.
The last time the City of Dubuque annexed land involuntarily was 1979.
How has the City grown through voluntary annexations since 1995?
From 1995 to 2016, Dubuque grew to over 31 square miles by annexing about 5,600 acres.
Nearly 5,400 acres (96%) were added to the City through voluntary annexations while only
149 acres (3%) were brought in as non-consenting. About 3,210 acres (57%) were added
4
City of Dubuque: Benefits of Annexation - Frequently Asked Questions
through 100% voluntary annexations. About 2,400 acres (43%) were added by three 80/20
annexations, with 91% (2,185 acres) annexed with the owners' consent and only 6% (149
acres) annexed as "non-consenting". Another 3% (71 acres) was rights-of-way for roads.
5
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION y
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: February 24, 2017, and for which the charge is $34.92.
Lots A, B, C,,and D of 1
Goldthorp Place,in the
County of Dubuque,lo-
wa;Lof 2A of Lot 1-1-1-
1714-3 of HelenE.and
Mary H.Stewart Subdi-.: �
vision, Section 16,
Township• 89 :North,`I q
Range 2 East of the
Fifth`Principal-.Meridi-
an,inthe County of Du-1
Subscribed to before me,
�iayNotary Public in and for Dubuque County, Iowa, buque,Iowa;Lot 1A of l
t 2 of-Lot 3 of'Helen
this day of^�' ^�- , 20/ E.and May H.Stewart
Subdivision, Section
16,Township 89 North,'I
Range' 2 East.of the
Fifth Principal Meridi-"I
an,in the County ofD',
Iowa and
A part of Lot I of the
Subdivision of Lot 1 of
67 the Southeast 1/4 of the
Notary Public in and for Dubuque County, Iowa. Southwest 1/4 of Sec-
tion 9, Township 89'
CITY OF DUBUQUE, I North,Range 2 East of
IOWA the 5th Principal Meri.
1 dian,A'part of Lot 1 of
OFFICIAL NOTICE
NOTICE OF PUBLIC Lot 1 ti Mineral Lot 549
HEARING in Section 16,Township
89 North,Range 2 East
NOTICE IS HEREBY
4��At GIVEN that the City of the .5th Principal
MARY K WESTER Council of Dubuque,lo- Meridian,A part of Lot
2 the Subdivision of Lot p
wa will hold a public 1 of the Southeast 1/4 of
Commission Number 154885 hearing oh a voluntary the Southwest_ 1/4 of
° MY Commission exp.Feb.1,2020 annexation request by: I Sectipn 9,Township 89 j
Marlene L. brimeyer North,Range 2 East of l
(1.42 acres), Derby '
Grange LLC Principal,Meri-1
(50.4 the 5th,
it the County of
y
acres),,James-F. & Ja-
net Dubuque,Iowa,a more j 9
M. Kress (2.991 particularly described;' I
acres),and the City of meets and bounds de- j
Dubuque (1.35 'acres) I scription is on file atI
for.a total of approxi- the City Clerk's Office. .'
mately 56 acres I'ocat= At the public hearing,
ed on the northwest' all. interested ,parties
corner of the intersec-
tion.of John F.Kennedy I may present oral and
and Derby_ Grange' written comments're-
with connection garding the proposal.
to the city of Dubuque Copies of supporting
by )ohn F. Kennedy., documents for the pub-
lic hearing are on file in
Road right-of-way.
:hearing I the City Clerk's Office,
The public
will be held: 50'w. 13th Street, Du-
DATE: 'Monday, buque,_and may be a
March 20,2017
vie
v✓ed during normal
TIME 6;00 p.m. working hours.
PLACE:City Coun- Any visual or hearing
cil Chambers, Historic impaired' persons
Federal Building needing special assis-
>350 W.6th Street, tance or persons with
Dubuque,Iowa special accessibility,
The legal description needs should contact
f the proposed annex- the City Clerk's Office
od
of
ation territory at (563) 589-4100 or
Lot 1 of Tscharner TDD (563) 690 6678 at
Place No. 4,"Dubuque least 48 hours prior,to
Gounty, Iowa;the East the meeting. .
153.00 feet ofKevin S.Firnstahl,
the South City Clerk
850.00 feet of tot 2 of It 2/24 a
Tscharner Place No. 4,
Dubuque County,Iowa; 1
a