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.