City Development Board Annexation Written DecisionFebruary 3, 2009
Ms. Jeanne Schneider
Dubuque City Clerk
City Hall, 50 West 13th Street
Dubuque, IA 52001-4864
RE: NC08-21, Dubuque Voluntary Annexation
Dear Ms. Schneider:
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Pursuant to Sections 368.7 and 368.20 Iowa Code, the City Development Board is required to file
with the Clerk of each city involved in a boundary adjustment, copies of the proceedings.
Please note that Iowa Code Section 476.26 provides: "The inclusion by incorporation, consolidation,
or annexation of any facilities or service area of an electric utility within the boundaries of any city
shall not by such inclusion impair or affect in any respect the rights of the electric utility to continue
to provide electric utility service and to extend service to prospective customers in accordance with
the provisions of this division."
Please find enclosed the Findings of Fact and Conclusions of Law and The Final Order filed by the
City Development Board approving the voluntary annexation petition submitted by the City of
Dubuque. If no appeal is filed within 30-days of the date of this Order, the City Development Board
will file a copy of these proceedings with the Iowa Secretary of State and record with the Dubuque
County Recorder to complete this annexation. All recording and filing fees will be charged to the
City of Dubuque.
Please note that pursuant to Section 312.3(4) Io~va Code, the Mayor and Council are required to
certify to the State Treasurer the population of any areas annexed since the last federal census once
the annexation is complete. The annexation is completed when copies of these proceedings have
been filed with the Dubuque County Recorder and Iowa Secretary of State by the City Development
Board. If there are any questions, please call me at (515) 242-4719.
Sincerely,
Steven R. McCann
City Development Board Administrator
SRM:blh
cc: Dubuque City Attorney
ESA T E T F 9 EEL E T
200 East Grand Avenue, Des Moines, Iowa 50309 USA Phone: 515.242.4700 Fax: 515.242.4809 www.iowalifechanging.com
BEFORE THE CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE VOLUNTARY )
ANNEXATION OF THE CITY OF DUBUQUE )
INCLUDING LAND WITHOUT THE )
CONSENT OF THE OWNER AND IS )
WITHIN THE URBANIZED AREA OF THE )
CITIES OF ASBURY AND CENTRALIA )
NO. NC08-21 /DUBUQUE
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DETERMINATION
To: Cities of Dubuque, Asbury and Centralia, Dubuque County Recorder, Dubuque County
Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental
Association, Iowa State Attorney General, Iowa Department of Transportation and Public
Utilities.
STATEMENT OF THE CASE
The City of Dubuque filed its request for City Development Board approval of annexation
of territory, which included some land without the owner's' consent, on October 31, 2008. Such
requests can be made to avoid the creation of islands or to create more uniform boundaries.
Notice of the City Development Board's review of the request and owner's application was given
on November 4, 2008, and the Board reviewed the proposal at its meeting on November 12,
2008. Notice of a public hearing was given on November 25, 2008, and the City Development
Board held a public hearing on the proposal on December 18, 2008. 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.
NC08-21 Dubuque Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
FI{~JDINGS OF FACT
1. On August 25, 2008, Aloysius P. & Theresa Margaret Merkes; on Auuust 24, 2008,
Grady Family Trust & Betty J. Pothoff; on September 4, 2008, Elaine Kelly aka Elaine M.
Kelly; on September 9, 2008, Kerry S. Bowman; date unknown for Gary L. & Carol Jean
Thompson; on September 9, 2008, Joshua D. & April S. Hagerty; on September 9, 2008,
James P. Houselog, Executor on behalf of Estate of Merlin J. & Wilma Houselog; on
September 9, 2008, Robert M. & Gertrude Houselog; on September 9, 2008, Mack G.
Patterson; on August 27, 2008, Mary Maxine Harris; on September 9, 2008, Verne R. &
Linda M. Wilson; on August 26, 2008, Michael T. & Tammy Lynn Merkes; on September
9, 2008, Thomas R. & Sherry L. Steinback; on September 8, 2008, Charles L. & Linda D.
Westphal; on September 5, 2008, John W. & Louise T. McAllister; on September 9,
2008, Marie E. Gerhard, by written application which included a map, requested the City
of Dubuque 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.
The territory also includes some land without consent of the owners, which is described
in Appendix A, attached hereto and by this reference made part of.
2. On September 16, 2008, the City of Dubuque notified, by mail, the Dubuque County
Board of Supervisors and Center Township Trustees a notice of a consultation meeting
for September 22, 2008, to review the city's proposed application for annexation.
3. On October 15, 2008, the City of Dubuque published in an official county newspaper
notice of the City Council's meeting on November 3, 2008, to consider the application for
voluntary annexation.
NC08-21 Dubuque Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
~, A copy of the annexation propose! v~~as sent to the affected p~.:bfic utilities and owners of
the territory being included without their consent on October 10, 2008.
5. By resolution dated November 3, 2008, which contained a legal description, the City
Council of Dubuque voted to annex the subject property.
6. The area to be annexed is within two miles of the Cities of Asbury and Centralia and is
therefore within their urbanized area.
7. The area to be annexed has a common boundary with the City of Dubuque of more than
50 feet.
8. The total land area proposed for annexation included 638.15 acres. The territory
included without the consent of the owners included 4.72 acres, which is less than 20%
of the total land area proposed to be annexed.
9. On October 31, 2008, the City requested the City Development Board to approve the
annexation of the territory described in finding num~er one. Said request included a
copy of the owner's application, map and City Council resolution.
10. On November 4, 2008, the City Development Board notified, by mail, Asbury and
Centralia, Dubuque County Board of Supervisors, Dubuque County Attorney, East
Central Intergovernmental Association, Iowa Attorney General, Iowa Department of
Transportation, affected public utilities and property owners of the proposed annexation
and request for approval. Said notice invited oral and written evidence relative to the
proposed annexation.
11. No response was received from any governmental unit, business or individual.
12. At its meeting on November 12, 2008, the City Development Board found the proposal to
be complete and properly filed and scheduled a public hearing for December 18, 2008,
on the annexation proposal.
13. On November 25, 2008, the City Development Board notified by mail, the Cities of
Dubuque, Asbury and Centralia, Dubuque County Board of Supervisors, Dubuque
NC08-21 Dubuque
Prepared by: Steve McCann 515!242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
County Attorney, East Centra! Intergovernmenta! Association, lo~a~a Attorney general,
Iowa Department of Transportation, affected public utilities and property owners of the
public hearing and the hearing was held as scheduled on December 18, 2008. At the
hearing all persons appearing and desiring to be heard were heard.
14. On December 2, 2008, the City Development Board received a 100% voluntary
annexation request from Asbury, which included all property owners in the Sandwedge
Subdivision. Included in that information was Resolution Number 150-08, a resolution to
authorize the Mayor of Dubuque and the Mayor of Asbury to sign a joint motion to
amend the Dubuque annexation application to remove certain non-consenting property
owners and to allow them to annex to the City of Asbury.
15. On December 3, 2008, the City Development Board notified by mail, the Cities of
Dubuque, Asbury and Centralia, Dubuque County Board of Supervisors, Dubuque
County Attorney, East Central Intergovernmental Association, Iowa Attorney General,
Iowa Department of Transportation, affected public utilities and property owners of a
Notice of Motion to Amend Dubuque's application and notice of meeting to consider
Motion to Amend.
16. At its meeting on December 18, 2008, the City Development Board approved the joint
motion to amend Dubuque's annexation application to remove non-consenting property
owners there from and to allow said non-consenting property owners to annex to Asbury.
17. The Board determined that the inclusion of the land without the owner's consent avoided
the creation of islands and made the boundaries of the City more uniform.
18. Based on the information favoring the annexation found in the City's submission,
presented at the public hearing and other materials filed by the City of Dubuque, and the
absence of evidence of any potential adverse consequences, at least four-fifths of the
Board voted to approve the annexation.
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
The territory to be annexed "adjoins" the City of Dubuque as the term is defined in Iowa
Code Section 368.1(1).
2. The annexation request filed by the City of Dubuque included territory without the
consent of the owner, which comprises not more than 20% of the land area proposed for
annexation. Inclusion of this territory avoids the creation of islands and creates more
uniform boundaries for the City of Dubuque. The request submitted by the City of
Dubuque to the City Development Board complies with Section 368.7(1) of the Iowa
Code.
3. 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(1) and 368.7(3).
4. The City Development Board has jurisdiction to approve or deny the owner's application
for annexation under Iowa Code Section 368.7(1). The annexation proposed was
approved by at least four-fifths of the Board as required by Iowa Code Section 368.7(1).
The Board is required to file portions of the proceedings in accord with Iowa Code
Section 368.7.
5. The resolution by the City Council of Dubuque conforms with Iowa Code Section 368.7.
6. The City of Dubuque's request for Board approval and the annexation is in substantial
compliance with 263 Iowa Admin Code Chapter 7.2.
7. In accord with the standards set forth in Iowa Code Chapter 368, the annexation
proposal is in the public's interest.
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
Dated this 3rd of Februar,~, 2009.
CITY DEVELOPMENT BOARD
1
Dennis Plautz, Chairperson
signature affixed by Steven .McCann,
Administrator for City Development Board as
authorized under 263 Iowa
Administration Code 3.28
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
THEF.EFORE, !T IS ORDERED that the application of the folio:^.~ing described territor-y to
the City of Dubuque 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
Dubuque 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 31St 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 3rd day of February, 2009.
CITY DEVELOPMENT BOARD
/s ~ ~ Ctti+.
Dennis Plautz, Chairperson
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 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, IA 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, IA 52809
Ms. Kelley Deutmeyer
ECIA
3999 Pennsylvania Avenue,
Dubuque, IA 52002
Ms. Beth Bonz
Asbury City Clerk
5080 Asbury Road
Asbury, IA 52002-2522
Mr. David Schueller
Centralia City Clerk
8091 Old Highway Road
Centralia, IA 52068-9647
Ms. Elaine Kelly
13910 Whistlewind Lane
Dubuque,lA 52002
Ms. Kerry Bowman
15615 Middle Road
Dubuque, IA 52002
Mr. & Mrs. Gary Thompson
15813 Middle Road
Dubuque,lA 52002
Mr. & Mrs. Joshua Hagerty
15857 Middle Road
Dubuque, IA 52002
Mr. James Houselog
Ste. 200 5193 Sun Valley Drive
Dubuque, IA 52002
Mr. Barry Lindahl
Dubuque City Attorney
300 Main St., Ste. 330, Harbor View Place
Dubuque, IA 52001-6944
Ms. Jeanne Schneider
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001-4864
Mr. & Mrs. Aloysius Merkes
16071 Middle Road
Dubuque, IA 52002
Mr. & Mrs. Robert Houselog
15921 Middle Road
Dubuque,lA 52002
Mr. Mack Patterson
15957 Middle Road
Dubuque, IA 52002
Ms. Mary Maxine Harris
16039 Middle Road
Dubuque, IA 52002
Mr. & Mrs. Verne Wilson
14023 Dreamway Drive
Dubuque, IA 52002
Mr. & Mrs. Michael Merkes
14065 Dreamway Drive
Dubuque, IA 52002
Mr. & Mrs. Thomas Steinback
16303 Middle Road
Dubuque, IA 52002
NCOS-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
Mr. & Mrs. Charles VVestpha! Mr. & Mrs. Douglas Bah!
16343 Middle Road 6426 Asbury Rd.
Dubuque, IA 52002 Dubuque, IA 52002
Mr. & Mrs. John McAllister Mr. & Mrs. Terry Barkhurst
16373 Middle Road 17118 Mountain Ridge
Dubuque, IA 52002 Dubuque, IA 52002
Ms. Marie Gerhard Mr. & Mrs. John Bries
16497 Middle Road 16302 Middle Rd.
Dubuque, IA 52002 Dubuque, IA 52002
Mr. & Mrs. Thomas Gerhard Callahan Construction Inc.
15302 Middle Road 7629 Commerce Park
Dubuque, IA 52002 Dubuque, IA 52002
Mr. & Mrs. Richard Henkel Mr. Milton Clough
13907 Whistlewind Lane 17137 Middle Rd.
Dubuque, IA 52002 Dubuque, IA 52002
MCI, Engineering Dept. Mr. & Mrs. Clint Duffy
560 2nd Ave. SE 16985 Mountain Ridge
Cedar Rapids, IA 52401 Dubuque, IA 52002
Alliant Energy, Attn.: CEO Mr. & Mrs. Steven Fuller
1000 Main St. 13167 Somerset Hills Dr.
Dubuque, IA 52001 Dubuque, IA 52002
Mr. & Mrs. Craig Doerr Mr. & Mrs. Larry McDermott
15438 Middle Rd. 13384 BMR Ln.
Dubuque, IA 52002 ~ Dubuque, IA 52002
Ms. Mary Chris Lotspeich Mr. & Mrs. Craig Bahl
Qwest 15875 Middle Rd.
1600 John F. Kennedy Rd. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. John Balk
Black Hills Energy 17075 Mountain Ridge
1015 Cedar Cross Rd. Dubuque, IA 52002
Dubuque, IA 52003
Mr. & Mrs. Marty Berns
Maquoketa Valley Rural Electric 13646 BMR Ln.
P.O. Box 370, 109 N. Huber Dubuque, IA 52002
Anamosa, IA 52205-0370
CAB Living Trust
Mediacom, Attn.: General Mgr. 1909 Spyglass Dr.
3033 Asbury Rd. Dubuque, IA 52002
Dubuque, IA 52001
Clara Jack Farms Ltd.
14825 Budd Rd.
Dubuque, IA 52002
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue !Des Moines, IA 50309
Donatsch Farm Ltd. Partnership Mr. ~ Mrs. Roger McCarthy
17640 Middle Rd. 16014 Paradise Ln.
Dubuque,lA 52002 Dubuque,lA 52002
Mr. & Mrs. Michael Freiburger Larry Miller & Gary Miller Construction
M Pape Freiburger 16102 Asbury Rd.
17145 Middle Rd. Dubuque, IA 52002
Dubuque, IA 52002
Regency West Water Company
Mr. & Mrs. Keefe Gaherty 17044 Mountain Ridge
6459 Torrey Pines Dr. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Jeffrey Rowan
The Meadows of Dubuque 16073 Frontier Ct.
15766 Clover Lane Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Loren Steger
Gary Miller Construction 16013 Paradise Ln.
16110 Asbury Rd. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Joseph Gremmel
Mr. & Mrs. Curtis Olson 17072 Mountain Ridge
17201 Middle Rd. Dubuque, IA 52002
Dubuque,lA 52002
Mr. & Mrs. Kevin Kruser
Mr. & Mrs. Roger Douglas 16980 Mountain Ridge
17044 Mountain Ridge Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Dale Lewis
Mr. & Mrs. Brian Schulz 16963 Mountain Ridge
2128 Palmer Dr. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Roger Lewis
Mr. & Mrs. James Graf 17026 Mountain Ridge
15279 Humke Rd. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Frank Thumser
Mr. & Mrs. Joseph Kopp 17134 Mountain Ridge
17090 Mountain Ridge Dubuque, IA 52002
Dubuque, IA 52002
Mr. John Wilson
Mr. & Mrs. Thomas Kuehn 1570 Seippel Rd.
17000 Mountain Ridge Dubuque, IA 52002
Dubuque, IA 52002
Mr. Jim Adams
Mr. & Mrs. Matthew Lewis City of Asbury
17125 Mountain Ridge 5080 Asbury Rd.
Dubuque, IA 52002 Dubuque, IA 52001
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
Ms. Jean l,Nuertzer
City of Centralia
7879 Maranatha Drive
Peosta, IA 52068
Ms. Janet Grady
Grady Family Trust
1009 Dunham Dr.
Dubuque,lA 52001
Mr. & Mrs. Ron Pothoff
400 Woodland Ridge
Dubuque, IA 52003
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 3rd day of February, 2009.
LOCAL DELIVERY
Honorable Tom Miller, Iowa Attorney General
~/
Betty He sing, Admini rats a Assistant
NCOS-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
Appendix
Legal Description of territory to be annexed
to the City of Dubuque, Iowa
CDB Case No. NC08-21
The exterior boundary of the annexation area is more particularly described as follows:
Commencing as a point of reference at the Northwest corner of the Northeast'/4 of the
Northeast '/4 of Section 25, Township 89 North, Range 1 East of the 5th Principal
Meridian in Dubuque County, Iowa, said point being the point of beginning;
1. Thence Southerly along the east lines of Lot 1.of Thomas Gerhard Place and Lot
1 of 2 of 1 of 1 of 1 of the West f2 of the Northeast'/a of said Section 25 to the
southeasterly corner of said Lot 1 of 2 of 1 of 1 of 1;
2. Thence Westerly along the southern boundaries of Lot 1 of 2 of 1 of 1 of 1, Lot 1
of 2 of 1, Lot 2 of 2 of 1, and Lot 2 of 1 of 1 all in the West'/ of the Northeast'/
of said Section 25 to a point of intersection with the east line of the Northwest '/a
of said Section 25;
3. Thence Southerly along the east line of and said Northwest'/4 of said Section 25
to the Southeast corner of the Southeast '/4 of the Northwest %4 of said Section
25;
4. Thence Westerly along the south line of said Southeast'/4 of the.Northwest'/4 to
the northwest corner of the Northeast'/4 of the Southwest'/ of said Section 25;
5. Thence Southerly along the easterly line of the Northwest'/4 of the Southwest'/4
of said Section 25 to the southeast corner of said Northwest'/4 of the Southwest
1~;
6. Thence continuing Southerly along the east line of Lot 2 of Alta Jane Blades
Place to the southeasterly corner of said Lot 2;
7. Thence Northwesterly along the southern boundary of said Lot 2 to a point of
intersection with the westerly line of the Southwest'/¢ of said Section 25;
8. Thence Northerly along said westerly line to the northwest corner of the
Northwest'/4 of the Southwest'/ of said Section 25;
9s Thence Northerly along the westerly line of the Southwest'/ of the Northwest'/
of said Section 25 to the southwest corner of the Northwest'/ of the Northwest'/4
of said Section 25;
10. Thence Westerly along the southerly line of the Northeast '/4 of the Northeast'/a
of Section 26, Township 89 North, Range .1 East, 5th Principal Meridian in
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
nppendix A
Legal Description of territory to be annexed
to the City of Dubuque, Iowa
CDB Case No. NC08-21
Dubuque County, .Iowa, to the southwest corner of said Northeast '/a of the
Northeast ~/4;
11. Thence Northerly along the west line of the .Northeast '/4 of the Northeast '/ of
said Section 26 to the northwest corner of said Northeast'/4 of the Northeast ~/a;
12. Thence Westerly along the north line of the Northwest '/4 of the Northeast '/4 of
said Section 26 to the northwest corner of said Northwest "/4 of the Northeast °/4
of said Section 26;
13. Thence Westerly along the south line of the Southeast '/ of the Southwest '/4 of
Section 23, Township 89 North, Range 1 East, 5th Principal Meridian in Dubuque
County, Iowa, to the southwest corrier~of said Southeast'/4 of the Southwest'/a of
said Section 23;
14. Thence Westerly along the south line of Lot 1 of the Southwest '/a of the
Southwest '/4 of said Section 23 to the southwest corner of said Lot 1, said point
being the easterly right-of-way line of Jonquil Terrace in Regency West
Subdivision in Sections 22 and 23, Township 89 North, Range 1 East, 5th
Principal Meridian, Dubuque County, Iowa;
15. Thence Northerly along the east boundary line of Regency West Subdivision to
the northeast corner of Lot 16 in said Subdivision;
16. Thence Westerly along the northerly boundary line of said Subdivision to the
northwest corner of said Subdivision and westerly right-of-way line of Mountain
Ridge;
17. Thence South along said westerly right-of--way line to the northeast corner of Lot
2 of 1 of the Southeast'/4 of the Southeast'/4 of Section 22, Township 89 North,
. Range 1 East, 5th Principal Meridian, Dubuque County, Iowa;
18. Thence Westerly along the north boundary of said Lot 2 of 1 to a point of
intersection with Lot 2 of 2 of said Section 22;
19. Thence Northerly along the east line of said Lot 2 of Z to the northeast corner of
said Lot; .
20. Thence Westerly along the north line of said Lot 2 of 2 and Lot 1 of 2 in the
Southeast'/a of the Southeast'/a of said Section 22 to a point of intersection with
the west fine of said Southeast'/4 of the Southeast'/4;
21. Thence Northerly along said west line to the northwest corner of said Southeast
'/ of the Southeast'/;
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 Dubuque, Iowa
CDB Case No. NC08-21
22.~ Thence Easterly along the north line of said Southeast'/4~of the Southeast'/~ to a
point of intersection with the west line of the Southwest '/ of Section 23,
Township 89 North, Range 1 East, 5th Principal Meridian, Dubuque County, Iowa;
23. Thence Northerly along the west line of said Southwest ~/ to the northwest
corner of said Southwest'/;
24. Thence Easterly along the north line of the Southwest''/a of said Section 23 to the
northeast corner of said Southwest'/;
25. Thence continuing Easterly along the north line of the Southeast '/4 of said
Section 23 to the northeast corner.of said Southeast'/;
26. Thence Southerly along the east line of said Southeast % to the southwest
corner of Lot 1 of C. J. Timbers in Section 24, Township 89 North, Range 1 East,
5th Principal Meridian, Dubuque County, Iowa;
27. Thence Easterly along the southern line of Lot 1 of said C.J. Timbers Subdivision
to the northeast corner of Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of the Southwest
'/ of the Southwest'/4.of said Section 24;
28. Thence Southerly along the easterly lines of Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1
and Lot 2 of 1 of 1 in the Southwest 1/4 of the Southwest'/ ~in said Section 24 to a
point of intersection with the south line of the Southwest'/4 of said Section 24;
29. Thence Easterly along the south line; of the Southwest '/a of said Section 24 to
tf~e southwest corner of Lot 2 of 1 of 1 of 1 of 1 of 1 of the Southwest '/4 of the
Southwest'/ of said Section 24;
30. Thence Northerly along the west boundary of said Lot 2 of 1 of 1 of 1 of 1 of 1 to
the northwesterly corner thereof;
31. Thence Easterly along the north boundary of said Lot 2 of 1 of 1~of 1 of 1 of 1 to
the southwest corner of Lot 1 of Dan Adams Subdivision in said Section 24;
32. Thence Northerly along the west boundary of said Dan Adams Subdivision to the
northwest corner of Lot 5 thereof;
33. Thence Southeasterly along the northerly lines of Lot 5 and Lot 6 of said Dan
Adams Subdivision to the northwest corner of Lot 1 of the Southeast '/a of the
Southwest'/a of said Section 24;
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 Dubuque, Iowa
CDB Case No. NC08-21
34. Thence continuing Southeasterly along the northeasterly line of said Lot 1 to a
point of intersection with the east line of the Southeast'/4 of the Southwest "/4 of
said Section 24;
35. Thence Southerly along said east line to the southeast corner of the Southwest
%4 of said Section 24;
36. Thence Easterly along the north line of the West One-Half of the Northeast'/4 of
Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian,
Dubuque County, Iowa, to the point of beginning.
However, exclude those property owners listed in Exhibit 1, Sandwedge Subdivision,
which is attached.
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
EXHIBIT 1
SANDWEDGE NON-CONSENTINGS
Sandwedge Subdivision
David M. & Linda K. Munn
Legal Description: Dan Adams Sub -Lot 10 in Section 24 T89N R1 E , 5~' P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.354.001)
Gary P. & Beth E. Brown
Legal Description: Dan Adams Sub -Lot 1 in Section 24 T89N R1 E, 5~' P.M.; all in Dubuque
County, Iowa (Parcel 1D: 09.24.352A04)
Christian R. and Kris A. Strohmeyer
Lega! Description: Dan Adams Sub -Lot 2 in Section 24 T89N R1 E, 5'" P.M.; ail in Dubuque
County, Iowa (Parcel 1D: 09.24.353.002)
Gerald G. & Deborah L. Adams
Legal Description: Dan Adams Sub -Lot 6 in Section 24 T89N R1 E, 5~' P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.376.008)
Paul M. & Martha R. Schmidt
Legal Description: Dan Adams Sub -Lot 7 in Section 24 T89N R1 E, 5"' P.M.; all in Dubuque
County, Iowa (Parcel 1D: 09.24.376.011)
Thomas J. & Jacqueline L. Thiltgen
Legal Description: Dan Adams Sub -Lot 8 in Section 24 T89N R1 E, 5~' P.M.; all in Dubuque
County, Iowa (Parcel 1D: 09.24.376.010)
Gregory J. & Nancy T. Adams
Legal Description: Dan Adams Sub -Lot 5 in Section 24 T89N R1 E, 5ih P.M.; all in Dubuque
County, Iowa (Parcel 1D: 09.24.376.007)
John E. & Kristine A. Richey
Legal Description: Dan Adams Sub -Lot 9 in Section 24 T89N R1 E, 5~h P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.376.009)
Trevor C. & Heather A. Poal
Legal Description: _Dan Adams Sub -Lot 4 in Section 24 T89N R1 E, 5~' P.M, all in Dubuque
County, Iowa (Parcel ID: 09.24.376.006)
Gary L. & Barbara J. Weber
Legal Description: Dan Adams Sub -Lot 3 in Section 24 T89N R1 E, 5~' P.M.; all in Dubuque
County, Iowa (Parcel ID: 09.24.353.003)
Rights-of-Way
Right-of-way of Sandwedge Drive adjoining the annexation territory and lying outside a city in
T89N R1 E, 5~' P.M, all in Dubuque County, Iowa.
Right-of-way of Sandwedge Court adjoining the annexation territory and lying outside a city in
T89N R1 E, 5~' P.M, all in Dubuque County, Iowa.
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CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE CITY OF ) NO. NC08-21 /DUBUQUE
DUBUQUE VOLUNTARY ANNEXATION )
WITHIN THE URBANIZED AREA OF THE ) FILING OF WRITTEN DECISION
CITIES OF ASBURY AND CENTRALIA )
TO: Cities of Dubuque, Asbury and Centralia, 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 Dubuque under City Development Board Case File
No. NC08-21.
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
°~G//~j
Steven R. McCann, City Development Board Administrator
Phone: 515-242-4719
Prepared by: Steve McCann 515/242-4719
City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served
upon:
Mr. Ralph Potter Ms. Elaine Kelly
Dubuque Co. Attorney 13910 Whistlewind Lane
720 Central Avenue Dubuque, IA 52002
Dubuque,lA 52001
Ms. Kerry Bowman
Mr. Wayne Demmer 15615 Middle Road
Dubuque Co. Bd. of Supervisors Dubuque, IA 52002
720 Central Avenue
Dubuque, IA 52001 Mr. & Mrs. Gary Thompson
15813 Middle Road
Mr. Fred Dean Dubuque, IA 52002
Iowa Dist. Trans. Planner
8723 NW Blvd, PO 2646 Mr. & Mrs. Joshua Hagerty
Davenport, IA 52809 15857 Middle Road
Dubuque, IA 52002
Ms. Kelley Deutmeyer
ECIA Mr. James Houselog
3999 Pennsylvania Avenue, Ste. 200 5193 Sun Valley Drive
Dubuque,lA 52002 Dubuque,lA 52002
Ms. Beth Bonz Mr. & Mrs. Robert Houselog
Asbury City Clerk 15921 Middle Road
5080 Asbury Road Dubuque, IA 52002
Asbury, IA 52002-2522
Mr. Mack Patterson
Mr. David Schueller 15957 Middle Road
Centralia City Clerk Dubuque, IA 52002
8091 Old Highway Road
Centralia, IA 52068-9647 Ms. Mary Maxine Harris
16039 Middle Road
Mr. Barry Lindahl Dubuque, IA 52002
Dubuque City Attorney
300 Main St., Ste. 330, Harbor View Place Mr. & Mrs. Verne Wilson
Dubuque, IA 52001-6944 14023 Dreamway Drive
Dubuque, IA 52002
Ms. Jeanne Schneider
Dubuque City Clerk Mr. & Mrs. Michael Merkes
50 West 13th Street 14065 Dreamway Drive
Dubuque, IA 52001-4864 Dubuque, IA 52002
Mr. & Mrs. Aloysius Merkes Mr. & Mrs. Thomas Steinback
16071 Middle Road 16303 Middle Road
Dubuque,lA 52002 Dubuque,lA 52002
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
Mr. ~ Mrs. Charles Westphal R~r. & Mrs. Douglas Bahl
16343 Middle Road 6426 Asbury Rd.
Dubuque, IA 52002 Dubuque, IA 52002
Mr. & Mrs. John McAllister Mr. ~ Mrs. Terry Barkhurst
16373 Middle Road 17118 Mountain Ridge
Dubuque, IA 52002 Dubuque, IA 52002
Ms. Marie Gerhard Mr. & Mrs. John Bries
16497 Middle Road 16302 Middle Rd.
Dubuque, IA 52002 Dubuque, IA 52002
Mr. & Mrs. Thomas Gerhard Callahan Construction Inc.
15302 Middle Road 7629 Commerce Park
Dubuque, IA 52002 Dubuque, IA 52002
Mr. & Mrs. Richard Henkel Mr. Milton Clough
13907 Whistlewind Lane 17137 Middle Rd.
Dubuque, IA 52002 Dubuque, IA 52002
MCI, Engineering Dept. Mr. & Mrs. Clint Duffy
560 2nd Ave. SE 16985 Mountain Ridge
Cedar Rapids, IA 52401 Dubuque, IA 52002
Alliant Energy, Attn.: CEO Mr. & Mrs. Steven Fuller
1000 Main St. 13167 Somerset Hills Dr.
Dubuque, IA 52001 Dubuque, IA 52002
Mr. & Mrs. Craig Doerr Mr. & Mrs. Larry McDermott
15438 Middle Rd. 13384 BMR Ln.
Dubuque, IA 52002 Dubuque, IA 52002
Ms. Mary Chris Lotspeich Mr. & Mrs. Craig Bahl
Qwest 15875 Middle Rd.
1600 John F. Kennedy Rd. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. John Balk
Black Hills Energy 17075 Mountain Ridge
1015 Cedar Cross Rd. Dubuque, IA 52002
Dubuque, IA 52003
Mr. & Mrs. Marty Berns
Maquoketa Valley Rural Electric 13646 BMR Ln.
P.O. Box 370, 109 N. Huber Dubuque, IA 52002
Anamosa, IA 52205-0370
CAB Living Trust
Mediacom, Attn.: General Mgr. 1909 Spyglass Dr.
3033 Asbury Rd. Dubuque, IA 52002
Dubuque, IA 52001
Clara Jack Farms Ltd.
14825 Budd Rd.
Dubuque, IA 52002
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Mo ines, IA 50309
Donatsch Farm Ltd. Partnership Mr. & Mrs. Roger McCarthy
17640 Middle Rd. 16014 Paradise Ln.
Dubuque, IA 52002 Dubuque, IA 52002
Mr. & Mrs. Michael Freiburger Larry Miller & Gary Miller Construction
M Pape Freiburger 16102 Asbury Rd.
17145 Middle Rd. Dubuque, IA 52002
Dubuque, IA 52002
Regency West Water Company
Mr. & Mrs. Keefe Gaherty 17044 Mountain Ridge
6459 Torrey Pines Dr. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Jeffrey Rowan
The Meadows of Dubuque 16073 Frontier Ct.
15766 Clover Lane Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Loren Steger
Gary Miller Construction 16013 Paradise Ln.
16110 Asbury Rd. Dubuque, IA 52002
Dubuque,lA 52002
Mr. & Mrs. Joseph Gremmel
Mr. & Mrs. Curtis Olson 17072 Mountain Ridge
17201 Middle Rd. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Kevin Kruser
Mr. & Mrs. Roger Douglas 16980 Mountain Ridge
17044 Mountain Ridge Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Dale Lewis
Mr. & Mrs. Brian Schulz 16963 Mountain Ridge
2128 Palmer Dr. Dubuque, IA 52002
Dubuque,lA 52002
Mr. & Mrs. Roger Lewis
Mr. & Mrs. James Graf 17026 Mountain Ridge
15279 Humke Rd. Dubuque, IA 52002
Dubuque, IA 52002
Mr. & Mrs. Frank Thumser
Mr. & Mrs. Joseph Kopp 17134 Mountain Ridge
17090 Mountain Ridge Dubuque, IA 52002
Dubuque, IA 52002
Mr. John Wilson
Mr. & Mrs. Thomas Kuehn 1570 Seippel Rd.
17000 Mountain Ridge Dubuque, IA 52002
Dubuque,lA 52002
Mr. Jim Adams
Mr. & Mrs. Matthew Lewis City of Asbury
17125 Mountain Ridge 5080 Asbury Rd.
Dubuque, IA 52002 Dubuque, IA 52001
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309
Ms. Jean Wuertzer
City of Centralia
7879 Maranatha Drive
Peosta, IA 52068
Ms. Janet Grady
Grady Family Trust
1009 Dunham Dr.
Dubuque, IA 52001
Mr. & Mrs. Ron Pothoff
400 Woodland Ridge
Dubuque, IA 52003
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 3rd day of February, 2009.
LOCAL DELIVERY
Honorable Tom Miller, Iowa Attorney General
I°7
Betty ess g, Ad ini rative Assistant
NC08-21 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board / 200 E Grand Avenue /Des Moines, IA 50309