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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: ~'~ .i :.. m,~..~ °. y ,._ ._ : _._ . _, ~. : i ' ~ ~~"_ _.~ ~ ;~ _ ;~ .~_ _, °'§ ~ . _- ;+.' ~:~} ,~~~ 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. ~ -... .~f , ~JO ANN - `'- ~~, i ~ t ` nr,Naare - - ~ ~ ti ~ v i ' ~rdld -~ ~ Q i ~ t . . I m SyNER~ _-- ^-0. Aa2t3B f ._ / . ~~ ~6 ( ~- 2i3dIdON S ~ Y U s J r I f ~I W ,~ 1 C I _ ~. m - "__Y I ~ _ ..3 - - _ ~_, . _ - - -- ---- - -- Z ~ , Q~ 1 I y~ T V NJ ~', ~~ -~ r_ 82Ea ~ 5 Z ~~~ €Y~+bg 77 4 ~"3 P-'~, E5Ei 68 4 ~ ~' 6~i'~'°~'S-yE~5 ~~x ~~~~iPyf=i ... F ~~ __ - - - 1 ~gSEF~E~f ~ S~ ~ - -1 y ~~{{'lS iPpa'P e{ @953 ~~# ~i€ / _.] / I z~l /' a. 4~~~~~ ~ ~ j W , C i ~ , ~n I ~ ~ ~/ y ~ m 11 - ,y ~ ~ ;-~ 'II 1 .~ 11 ~~ ~. WILD R E -ice W i -~'t_~ ~ O '~ ~. i l`~ p ~ IJ. ,, o ~ ~ L ~ L.L.. ® ~ ® / i C_ G F '~I 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