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City Development Board_Asbury AnnexationCITY DEVELOPMENT BOARD STATE OF IOWA IN THE MATTER OF THE CITY OF ASBURY ) NO. UA08-24 /ASBURY VOLUNTARY ANNEXATION WITHIN THE ) URBANIZED AREA OF THE CITY OF ) FILING OF WRITTEN DECISION DUBUQUE, IOWA ) TO: Cities of Asbury and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Affected Public Utilities and Parties of Record. You and each of you are hereby notified that the City Development Board has approved the annexation of territory to the City of Asbury under City Development Board Case File No. UA08-24. Please find enclosed the Findings of Fact, Conclusions of Law, Determination, and Final Order by the City Development Board approving the annexation. An appeal of the Board's decision may be filed within 30-days of the date of the enclosed Order. If no appeal is filed within 30-days of the date of this Order, the City Development Board will file with the Iowa Secretary of State and record with the Dubuque County Recorder to complete this annexation. CITY DEVELOPMENT BOARD Steven R. McCann, City Development Board Administrator Phone: 515-242-4719 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Dubuque Co. Attorney McLeod USA 720 Central Avenue 6400 C Street, SW Dubuque, IA 52001 Cedar Rapids, IA 52404 Mr. Wayne Demmer Mediacom Dubuque Co. Bd. of Supervisors 3033 Asbury Road 720 Central Avenue Dubuque, IA 52002 Dubuque,lA 52001 Qwest Mr. Fred Dean 3565 Utica Ridge Road Iowa Dist. Trans. Planner Bettendorf, IA 52722 8723 NW Blvd, PO 2646 Davenport, IA 52809 Alliant Utilities 8000 Chavanelle Road Ms. Kelley Deutmeyer Dubuque, IA 52002 ECIA 3999 Pennsylvania Avenue, Ste. 200 MCI, Engineering Dept. Dubuque, IA 52002 560 2nd Avenue SE Cedar Rapids, IA 52401 Mr. Stephen Juergens Asbury City Attorney Aquila 5080 Asbury Road 1015 Cedar Cross Road Asbury, IA 52002-2522 Dubuque, IA 52003 Ms. Beth Bonz AT&T Communications Asbury City Clerk 3001 Cobb Pkwy., Rm. 162 5080 Asbury Road Atlanta, GA 30339 Asbury, IA 52002-2522 US West City of Dubuque, Mayor & City Council 615 3rd Avenue SW 50 West 13th Street Cedar Rapids, IA 52401 Dubuque, IA 52001-4864 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 29th day of December, 2008. Local Delivery Honorable Tom Miller, Iowa Attorney General Betty g, Admini ive Assistant Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 BEFORE THE CITY DEVELOPMENT BOARD STATE OF IOWA IN THE MATTER OF THE VOLUNTARY ) NO. UA08-24 /ASBURY ANNEXATION OF THE CITY OF ASBURY ) WITHIN THE URBANDIZED AREA OF THE ) FINDINGS OF FACT AND CITY OF DUBUQUE ) CONCLUSIONS OF LAW AND DETERMINATION TO: Cities of Asbury and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Iowa Department of Transportation and affected public utilities. STATEMENT OF THE CASE The City of Asbury filed its request for City Development Board approval of annexation of territory within the urbanized area of Dubuque on December 2, 2008. Notice of City Development Board review of the request and owner's application was given on December 4, 2008, and the Board considered the matter at its December 18, 2008, meeting. The City Development Board, having considered the City's request for approval, the property owner's application, and all evidence submitted by the affected parties hereby makes the following findings of fact, conclusions of law and determination: FINDINGS OF FACT 1. On October 9, 2008, Gerald G. & Deborah L. Adams; on October 10, 2008, John E. & Kristine A. Richey; on October 17, 2008, David M. & Linda K. Munn; on October 10, 2008, Thomas J. & Jacqueline L. Thiltgen; on October 10, 2008, Trevor C. & Heather A. Pool; on October 10, 2008, Gary P. & Beth E. Brown; on October 17, 2008, Paul M. & Martha R. Schmidt; on October 15, 2008, Christian R. & Kris A. Strohmeyer; on October 17, 2008, Gary L. Barbara J. Weber; on October 17, 2008, Gregory J. & Nancy T. Adams, by written application, which included a map, requested the City of Asbury to annex the following described property owned by them and located in Dubuque County, Iowa: The proposed annexation territory is described in Appendix A attached hereto and by this reference made a part of. UA08-24 Asbury Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 2. On November 6, 2008, the City of Asbury published in an official county newspaper notice of the City Council's meeting on November 25, 2008, to consider the application for voluntary annexation. 3. On November 3, 2008, the City of Asbury provided a copy of the application for voluntary annexation to the City of Dubuque, Dubuque County Board of Supervisors, East Central Intergovernmental Association, Iowa Department of Transportation and affected public utilities. 4. By Resolution No. 149-08 dated November 25, 2008, which contained a legal description, the City Council of Asbury voted to annex the subject property. In addition, Resolution No. 150-08 was signed by the Mayors of Dubuque and Asbury, which authorized a joint motion to amend Dubuque's annexation application to remove certain non-consenting property owners and to allow them to annex to the City of Asbury. 5. The area to be annexed is within two miles of the City of Dubuque and is therefore within its urbanized area. 6. The area to be annexed has a common boundary with the City of Asbury of more than 50 feet. 7. The area to be annexed does not contain railroad right-of-way. 8. On December 2, 2008, the City requested the City Development Board to approve the annexation of the territory described in finding number one. Said request included a copy of the owner's application, map and City Council resolution. 9. On December 4, 2008, the City Development Board notified, by mail, the Cities of Asbury and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa State Attorney General, Iowa Department of Transportation and affected public utilities of the proposed annexation and request for approval. Said notice invited oral and written evidence relative to the proposed annexation. 10. No response was received from any governmental unit, business or individual. 11. The Board considered the request at its December 18, 2008, meeting and found it to be complete and properly filed. 12. Based on the information favoring the annexation found in the petition and other materials filed by the City of Asbury and the absence of evidence of any potential adverse consequences, the Board finds the annexation to be in the public interest. UA08-24 Asbury Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 CONCLUSIONS OF LAW The territory to be annexed "adjoins" the City of Asbury as the term is defined in Iowa Code Section 368.1(1) and is within the "urbanized area" of the City of Dubuque as the term is defined in Iowa Code Section 368.1(16). 2. The City published notice of the filing of the petition and provided copies of the proposed annexation to parties in accordance with the requirements of Iowa Code Section 368.7. 3. The City Development Board has jurisdiction to approve or decline the owner's application for annexation Iowa Code Section 368.7(3). If the owner's application is approved by the Board, the Board is required to file portions of the proceedings in accord with Iowa Code Section 368.7. 4. The resolution by the City Council of Asbury conforms with Iowa Code Section 368.7. 5. The City of Asbury's request for Board approval and the annexation is in substantial compliance with 263 Iowa Administrative Code Chapter 7.2. 6. In accord with the standards set forth in Iowa Code Chapter 368, the annexation proposal is in the public's interest. Dated this 29th day of December, 2008. CITY DEVELOPMENT BOARD Dennis Plautz, Chairperso signature affixed by Stev n R. McCann, Administrator for City Development B and as authorized under Iowa Administration Code 263 - 9.11(2) UA08-24 Asbury Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 THEREFORE, IT IS ORDERED that the application of the following described territory to the City of Asbury is hereby approved: The proposed annexation territory is described in Appendix A and attached hereto and by this reference made a part of. IT IS FURTHER ORDERED that the owner's annexation application and map, City Council resolution, notices of Board review and this Order be filed by the Board with the Asbury City Clerk and that the Board file a copy of the map and legal description with the Iowa Department of Transportation. To complete the annexation process, the Board Administrator shall mail a copy of this Order and other relevant documents to the Dubuque County Recorder and Iowa Secretary of State on or after the 31 st day following issuance of this Order. To request a stay of completion of the annexation process, a person or city authorized by Iowa Code Section 368.22 to appeal this Order must deliver to the Board Administrator a timely written request for a stay accompanied by notice of the filing of a petition for judicial review or intent to file a petition for judicial review. Any such request shall be referred to the Board for action at its next regularly scheduled meeting or at a special meeting. Dated this 29th day of December, 2008. CITY DEVELOPMENT BOARD Dennis Plautz, Chai UA08-24 Asbury Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Dubuque Co. Attorney 720 Central Avenue Dubuque,lA 52001 Mr. Wayne Demmer Dubuque Co. Bd. of Supervisors 720 Central Avenue Dubuque, IA 52001 Mr. Fred Dean Iowa Dist. Trans. Planner 8723 NW Blvd, PO 2646 Davenport,lA 52809 Ms. Kelley Deutmeyer ECIA 3999 Pennsylvania Avenue, Dubuque,lA 52002 Mr. Stephen Juergens Asbury City Attorney 5080 Asbury Road Asbury, IA 52002-2522 Ms. Beth Bonz Asbury City Clerk 5080 Asbury Road Asbury, IA 52002-2522 Aquila 1015 Cedar Cross Road Dubuque,lA 52003 AT&T Communications 3001 Cobb Pkwy., Rm. 162 Atlanta, GA 30339 US West City of Dubuque, Mayor & City Council 615 3rd Avenue SW 50 West 13th Street Cedar Rapids, IA 52401 Dubuque, IA 52001-4864 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 29th day of December, 2008. Local Delivery Honorable Tom Miller, Iowa Attorney General McLeod USA 6400 C Street, SW Cedar Rapids, IA 52404 Mediacom 3033 Asbury Road Dubuque, IA 52002 Qwest 3565 Utica Ridge Road Bettendorf, IA 52722 Alliant Utilities 8000 Chavanelle Road Dubuque, IA 52002 Ste. 200 MCI, Engineering Dept. 560 2nd Avenue SE Cedar Rapids, IA 52401 Betty H I , Administr a Assistant Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 Appendix A Legal Description of territory to be annexed to the City of Asbury, Iowa CDB Case No. UA08-24 That the territorial limits of the City of Asbury, Iowa, be and they are hereby extended to include the area comprising the following described real estate to wit: Approximately 16.50 acres Sandwedge Subdivsion 1. Parce10924354001 -Dan Adams Subdivision Lot 10 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Munn, David M and Linda K) 2. Parcel 0924352004 -Dan Adams Subdivision Lot 1 -Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Brown, Gary P and Beth E.) 3. Parce10924353002 -Dan Adams Subdivision Lot 2 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Strohmeyer, Christian R. and Kris A.) 4. Parcel 0924376008 -Dan Adams Subdivision Lot 6 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Adams, Gerald G. and Deborah L.) 5. Parce10924376011 -Dan Adams Subdivision Lot 7 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Schmidt, Paul M and Martha R) 6. Parcel 0924376010 -Dan Adams Subdivision Lot 8 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Thiltgen, Thomas J. and Jacqueline L.) 7. Parcel 0924376007 -Dan Adams Subdivision Lot 5 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Adams, Gregory J. and Nancy T.) 8. Parcel 0924376009 -Dan Adams Subdivision Lot 9 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Richey John E. and Kristine A.) 9. Parce10924376006 -Dan Adams Subdivision Lot 4 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Pool, Trevor C. and Heather A.) The territory extends to the center line of all secondary roads adjacent to the above described properties. Appendix A Legal Description of territory to be annexed to the City of Asbury, Iowa CDB Case No. UA08-24 10.Parcel 0924353003 -Dan Adams Subdivision Lot 3 Sec 24 Township 89 North, Range 1 East of 5th P.M. in Center Township, Dubuque County, Iowa, (Weber, Gary L and Barbara J) Right-of-Way Approximately i acre. Right-of--way of Sandwedge Drive adjoining the annexation territory and lying outside a city in T89N R1E, 5th P.M., all in Dubuque County, Iowa. Right of way of Sandwedge Court adjoining the annexation territory and lying outside a city in T89N RiE, 5th P.M., all in Dubuque County, Iowa. Total acres to be annexed 17.50 The territory extends to the center line of all secondary roads adjacent to the above described properties. City of Asbury Page 1 of 1 CITY OF ASBURY EXHIBIT A .: varion systems DISCLAIMER All information is believed accurate but it NOT guaranteed to be without error. This map and its underlying data are intended to be used as a general index to land related information and are not intended for detailed, site-specific analysis.