Derby Grange Road Housing Urban Renewal Area - Resolution Nunc Pro Tunc Copyrighted
April 17, 2017
City of Dubuque Consent Items # 9.
ITEM TITLE: Derby Grange Road Housing Urban Renewal Area-
Resolution Nunc Pro Tunc
SUMMARY: City Manager recommending approval of a resolution
correcting the legal description in the Urban Renewal Plan
for the Derby Grange Road Housing Urban Renewal Area
adopted April 3, 2017.
RESOLUTION Nunc Pro Tunc Correcting and amending a
scrivener's error in certain legal descriptions included in the
Urban Renewal Plan for the Derby Grange Road Housing
Urban Renewal District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Derby Grange Road Resolution Nunc Pro Tunc-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Corrected Attachment D Supporting Documentation
Resolution Nunc Pro Tunc Resolutions
THE CITY OF Dubuque
DUB TE
1111.
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Corrected Legal Description for Urban Renewal Plan for the Derby Grange
Road Housing Urban Renewal Area
DATE: April 12, 2017
Economic Development Director Maurice Jones recommends City Council approval of a
Resolution correcting the legal description in the Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area adopted April 3, 2017.
The Resolution includes the phrase "Nunc Pro Tunc", which in Latin means "now for
then". This means that the Resolution is intended to have a retroactive impact to
correct the scrivener's error so that the Resolution will continue to have the same
effective date and such effective date will not be changed by the corrective Resolution.
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
Maurice Jones, Economic Development Director
Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmMmIily Dubuque,Iowa 52001-4864
DUB3 &kE1 I Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Corrected Legal Description for Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area
DATE: April 11, 2017
INTRODUCTION
The purpose of this memorandum is to forward for City Council review and approval a
Resolution correcting the legal description in the Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area adopted April 3, 2017.
BACKGROUND
The Derby Grange Road Housing Urban Renewal Area was established April 3, 2017.
The created Area will allow both public and private development efforts to benefit from
the use of tax increment financing in the Area and provide funding for low to moderate
income housing programs throughout the City of Dubuque.
DISCUSSION
After holding a public hearing on April 3, 2017, City Council reviewed and approved
Resolution 133-17 and Ordinance 14-17 which created the Derby Grange Road
Housing Urban Renewal Area. Subsequently, the documents were forwarded to the
County Auditor, where staff identified a scrivener's error in the legal description. The
legal description included in the Urban Renewal Plan and the Ordinance each included
a reference to "North Cascade Road" instead of "John F. Kennedy Road" in describing
one portion of the Area.
The attached Resolution includes the phrase "Nunc Pro Tunc", which in Latin means
"now for then". This means that the enclosed Resolution is intended to have a
retroactive impact to correct the scrivener's error so that the Resolution will continue to
have the same effective date and such effective date will not be changed by the
corrective Resolution.
RECOMMENDATION/ ACTION STEP
I recommend that the attached Resolution correcting the scrivener's error in the Urban
Renewal Plan be adopted in order to support reinvestment efforts in the Area.
ATTACHMENT D
DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA
Updated March 6, 2017
LEGAL DESCRIPTION:
All that part of the right of way of John F. Kennedy Road lying between the Northwesterly right
of way line of Northwest Arterial (Iowa State Highway #32) and the Northeasterly extension of
the Northerly line of Lot 2 of Barton Randle Addition, City of Dubuque, Iowa; and
All that part of the Easterly half of the right of way of John F. Kennedy Road lying between the
Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition, City of
Dubuque, Iowa, and the Easterly extension of the Southerly line of Lot 2 of Lot 1 of the
Subdivision of the Southeast Quarter of the Southwest Quarter of Section 9, T89N, R2E of the
5`h P.M., Dubuque County, Iowa; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast Ya of the Southwest Ya 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 Ya of the Southwest Ya 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; 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; and
All that part of Lot 2 of the Northeast Ya of the Southwest Ya of Section 9, T89N, R2E of the 5`h
P.M., Dubuque County, Iowa, lying within the existing right of way of John F. Kennedy Road;
and
All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East of the 5th
P.M., Dubuque County, Iowa; and
i
All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South of the North
line of the Southwest Quarter of Section 9, T89N, R2E of the 5`h P.M. and East of the Westerly
right of way line of John F. Kennedy Road; and
All of Lot 1-A of The Barony, Dubuque County, Iowa; and
All that part of the Northwesterly half of the right of way of John F. Kennedy Road lying Westerly
of the West line of Lot 1 of Hope Evangelical Free Church 1�` Addition, Dubuque County, Iowa,
and lying Easterly of the Southerly extension of the West line of Lot 1-A of The Barony,
Dubuque County, Iowa; and
The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast Quarter of
Section 9, Township 89 North, Range 2 East of the 5`h P.M., Dubuque County, Iowa (also
known as the North Half of the Southeast Quarter of the Northeast Quarter of Section 9,
Township 89 North, Range 2 East of the 5`h P.M., except 10 feet on the East side of said 20
acres of land reserved for a private roadway, in Dubuque County, Iowa).
2
Prepared by Jill Connors. Economic Development. 50 W. 13th St.. Dubuaue, IA 52001, 563-589-4393
Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100
RESOLUTION NO. 133-17-A
RESOLUTION NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S
ERROR IN CERTAIN LEGAL DESCRIPTIONS INCLUDED IN THE URBAN RENEWAL
PLAN FOR THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL DISTRICT
WHEREAS, by Resolution No. 133-17, adopted April 3, 2017, this Council found
and determined that certain areas located within the City and County are eligible and
should be designated as an urban renewal area under Iowa law, and approved and
adopted the Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Derby
Grange Road Housing Urban Renewal Area (the "Urban Renewal Area" or "Area")
described therein; and
WHEREAS, the Urban Renewal Plan approved and adopted by Resolution No.
133-17 contained a scrivener's error in the legal description of the Urban Renewal Project
Area; and
WHEREAS, correcting the scrivener's error does not change the parcels of land
which were intended to be included in the Urban Renewal Area; and
WHEREAS, the Council has determined to adopt this resolution nunc pro tunc,
correcting the scrivener's error in the legal description of the Urban Renewal Project Area
contained in the Urban Renewal Plan for the Urban Renewal Area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. That the findings and conclusions set forth or contained in the Urban
Renewal Plan concerning the area of Dubuque County and the City of Dubuque, State of
Iowa, described in the preamble hereof and in Resolution No. 133-17, be and the same
are hereby ratified and confirmed in all respects as the findings of this Council for the
Urban Renewal Area with the exception of the amended legal description as set forth
below.
Section 2. The legal description of the Urban Renewal Project Area contained in
the Urban Renewal Plan approved and adopted by Resolution No. 133-17 on April 3,
2017, are hereby corrected, nunc pro tunc, to provide as set forth in the legal descriptions
of such area attached hereto as Attachment D.
Section 3. The attached Attachment D shall be substituted in lieu of the original
Attachment D contained in the Urban Renewal Plan.
Section 4. That all other provisions of the Urban Renewal Plan not affected or
otherwise revised by this resolution, as well as all resolutions previously adopted by this
City Council related to the Urban Renewal Plan be and the same are hereby ratified,
confirmed and approved in all respects.
Passed, approved and adopted this 17th day of A ' , 2017.
Roy D. Buo ayor
ATTEST:
Kevin S. Fimstahl, City Clerk
Kevin Firnstahl
From:Kevin Firnstahl
Sent:Wednesday, April 19, 2017 1:35 PM
To:denise.dolan@dubuquecounty.us
Cc:Mary Habel; Jill Connors; Cynthia Kramer
Subject:Urban Renewal Correcting Resolutions and Ordinances
Attachments:Greater Downtown UR Correcting Resolution and Ordinance.pdf; South Pointe UR
Correcting Resolution and Ordinance.pdf; Derby Grange Rd UR Correcting Resolution
and Ordinance.pdf
Hi Denise,
Attached are copies of the Resolutions Nunc Pro Tunc and related ordinances correcting the legal descriptions for the
following Urban Renewal Areas.
Greater Downtown UR Area
South Pointe UR Area
Derby Grange Road UR Area.
I will drop off certified hard copies when I bring the ordinances down for recording – most likely on Thursday.
Please contact me if you have questions or difficulty with the attachments.
Thank you.
Kevin Firnstahl, City Clerk
City of Dubuque
th
50 W. 13 Street
Dubuque, IA 52001
563-589-4100
kfirnsta@cityofdubuque.org
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