IDED Annexation Report
.-~'\ Department of
~.' Economk Development
rOwa
SMART IDEAm
'?-
i.--
¡c=
July 7, 2004
Ms. Jeanne Schneider
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001
-_C
:>g
RE: NC04-03 Dubuque Voluntary Annexation
Dear Ms. Schneider:
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) Iowa 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,
.5~ /(91t~
Steven R. McCann
City Development Board Administrator
SRM:rao
Cc:
Dubuque City Attorney
Thomas J. Vilsack, Governor
Sally J. Pederson, Lieutenant Governor
MichaelT. Blouin, Director
200 East Grand Avenue. Des Moines, Iowa 50309
Phone: 515.242.4700
Fax: 515.242.4809
www.iowasmartidea.com
co
:roo
:;3,
6
c,.,
"C,,)
"
CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF
CITY OF DUBUQUE
VOLUNTARY ANNEXATION WITHIN THE
URBANIZED AREA OF THE CITY OF
ASBURY
NO. NC04-03 DUBUQUE
FILING OF WRITTEN DECISION
TO:
Cities of Dubuque and Asbury, 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 Iowa City under City Development Board Case File
No. NC04-03 Dubuque.
Please find enclosed the Findings of Fact, Conclusion 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
s~ r¿~~~
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:
Ms. Jeanne Schneider
Dubuque City Clerk
50 W 13th Street
Dubuque, IA 52001-4864
Ms. Patricia Sunseri
Asbury City Clerk
4985 Asbury Road
Dubuque, IA 52002-0411
Mr. Tom Henderson
Whitfield & Eddy, PLC
1300 1st Interstate Bank
Bldg
Des Moines, Iowa 50309
Dubuque Board of
Supervisors
720 Central Avenue
Dubuque, IA 52001
Mr. Fred McCaw
Dubuque County Attorney
720 Central Avenue
Dubuque, IA 52001
Ms. Kelley Duetmeyer
ECIA
3999 Pennsylvania Ave
#200
Dubuque, IA 52002-2273
Mr. Fred Dean
Iowa Dept. of Trans.
8723 NW Blvd, PO 2646
Davenport, IA 52809
Cc: Jorge Zamora
Mr. Frank Smith
Law Office
4215 Hubbell Avenue
Des Moines, IA 50317
Customer Relations
MCI Communications
PO Box 4600
Iowa City, IA 52244
McLeod USA
6400 C Street, SW
Cedar Rapids, IA 52404
Mediacom
3033 Asbury Road
Dubuque, IA 52001
Mr. Paul Kitt
US West Communications
925 High Street
Des Moines, IA 50309
Alliant Utilities
1000 Main Street
Dubuque, IA 52001
Aquila
1015 Cedar Cross Road
Dubuque, IA 52002
Ms. Nancy Allen
AT&T Communications
120 Peachtree Street, NE
Atlanta, GA 30309
Ms. Jan Schaffer
U.S. West
615 3rd Avenue SW
Cedar Rapids, IA 52401
Engineering Dept. I MCI
560 2nd Avenue SE
Cedar Rapids, IA 52401
Pat Bryant PA173
AT&T
Comm/Promenade Annex
1200 Peachtree Street NE
Atlanta, GA 30309
Maquoketa Valley
Rural Electric
PO Box 370, 109 N Huber
Anamosa, IA 52205-0370
Mediacom
3033 Asbury Road
Dubuque, IA 5200
Said copy was mailed in an envelope addressed to them at the address shown
above, with postage fully paid and by de~ositing same in an United States Post Office
depository in Des Moines, Iowa on the 7 h day of July.
Local Delivery
Honorable Tom Miller, Iowa Attorney General
Prepared by: Steve McCann 515/242-4719
City Development Board Administrator 1200 E Grand Avenue 1 Des Moines, IA 50309
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
NO. NC04-03 DUBUQUE
FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND
DETERMINATION
To:
City of Dubuque, City of Asbury, 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 owners' consent on January 9, 2004. Such
requests can be made to avoid the creation of islands or to create more uniform boundaries.
The land included without the consent of the owner in Dubuque's request avoids the creation of
an island. The territory lies at the western boundary of the City of Dubuque and also abuts the
corporate boundary of the City of Asbury. All of the land included in Dubuque's proposal without
the consent of the owner comprised the territory in a voluntary annexation request filed by the
City of Asbury, Board Case File Number UA03-60. The Board denied Asbury's annexation
request because it would have created an island.
Notice of the Board's review of the request and the owner's application was given on
January 27,2004, and the Board reviewed the proposal at its meeting on February 12, 2004.
Notice of a public hearing was given on March 16,2004, and the Board held a hearing on
NC04-03 Dubuque Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
Page 1
April 1, 2004. The Board, having considered the City's request for approval, the property owners'
applications, 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 dates between June 30, 2003 and August 14, 2003, by written application, which
included a map, Terrence G. Bahl and Martin J. Bahl and Linda C. Bahl; Wilfred R. Bahl;
Jr.; Vicky Bahl; Terrence G. Bahl; Jeffrey J. Bahl; Janice Bahl; Martin J. Bahl; Linda J.
Bahl; Marie Mille and Charles Miller; Eldon J. Bahl and Loretta C. Bahl; Steven Bahl and
Sandra Bahl; Marilyn Blake; Joseph J. Behnke and mary A. Behnke; Terrence G. Bahl
and Linda C. Bahl; Martin J. Bahl; Callahan Construction; Inc. by Joel M. Callahan;
President; Callahan Construction; Inc. by Joel M. Callahan; President; Charles M. Miller
and Marie C. Miller; Mark A. Bahl and Michelle M. Bahl; Mark L. Pasker and Amaelia L.
Pasker; Francis J. McDonald and Darlene McDonald; Mark Heins and Kimmie Heins;
Douglas M. Fritsch and Dianne M. Fritsch; Elaine M. White; Lloyd C. Steffen and Jane A.
Steffen; Allen F. Lex and Mary Ann Lex; Kenneth R. Harris and Maurine D. Harris; Gene
J. Potts and Jean A. Potts; Wilfred R. Bahl; Jr. and Vicky L. Bahl, 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 Harold Nimmick;
Peter Henkels; Rosean Mary Schromen Wilson; Stanley Ward and Lou Ann Ward; Karen
Cogan; Wayne Siebert; Donald Cogan and Luella Cogan; and Mary Krabbenhoft, which
is described in Appendix A, attached hereto and by this reference made part of.
The territory proposed for annexation lies at the westerly boundary of the City of
«CT»«CY»-«CR" «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines. Iowa 50309
Page 2
Dubuque and the southerly boundary of the City of Asbury in an area where the existing
boundaries of the two cities are in close proximity to each other. There are two major
roads running east and west through the territory, Middle Road, and about three quarters
of a mile to the north, Asbury Road. In the vicinity of the territory, Dubuque's existing
northern boundary alternates from abutting Middle Road to falling one-half mile south of
Middle Road, while Asbury's current southern boundary varies from abutting the north
side of Middle Road to lying one-quarter mile to onecmile north of Middle Road at
different locations. The entire territory is bounded by Asbury's existing boundary to the
north and Dubuque's existing boundary on its south. The Territory includes
approximately 700 acres, of which approximately 240 acres lies south of Middle Road,
380 acres lies between Middle Road and Asbury Road, and 80 acres lies north of Middle
Road. The territory includes approximately 47 acres of land without the consent of the
owners, all of which would create an island if not annexed. Just under 40 acres of the
non-consenting land lies on the south side of Middle Road, with the remainder lying
across Middle Road to the north. The owners of approximately 93% of the territory
applied to be annexed to Dubuque.
2.
On December 12, 2003, the City of Dubuque published in an official county newspaper
notice of the City Council's meeting on January 5, 2004, to consider the application for
voluntary annexation.
3.
A copy of the annexation proposal was sent to the affected public utilities and owners of
the territory being included without their consent on December 10,2003.
4.
By Resolution No. 17-04 dated January 5, 2004, which contained a legal description, the
City Council of Dubuque voted to annex the subject property.
5.
The area to be annexed has a common boundary with the City of Dubuque of more than
50 feet.
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, iowa 50309
Page 3
6.
On January 9, 2004, 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. In addition the City of
Dubuque submitted the following documents in support of its request for approval of
annexation:
a. January 9,2004, Annexation Plan for territory on the west side of Dubuque, including
the applications from owners requesting the city to annex their property.
b. Maps of the territory and surrounding area.
c. Legal description of the territory, including the land of the non-consenting owners.
d. Information provided for the city council's consideration.
e. Copies of notices provided by the city for meetings it conducted on the annexation.
7.
On December 16, 2003, the City of Asbury filed a request for approval of annexation of
the same land that is included in Dubuque's annexation proposal without the consent of
the owners.
8.
On January 27,2004, the City Development Board notified, bymail, the Cities of
Dubuque and Asbury, Dubuque County Board of Supervisors, Dubuque County Attomey,
East Centrallntergovemmental Association, Iowa 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, and stated that the matter would be considered by the Board at its meeting
on February 12, 2004.
9.
On February 5, 2004, Frank Murray Smith filed an Appearance as attorney for the City of
Dubuque, Iowa.
«CT»«CY>H<CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines. Iowa 50309
Page 4
10.
11.
12.
13.
14.
15.
Also on February 5, 2004, the City of Dubuque filed a Motion to Dismiss Asbury's
annexation request.
On February 6, 2004, the City Development Board mailed a copy of the Motion to
Dismiss to the City of DubuqlJe and Asbury, Dubuque County Board of Supervisors,
Dubuque County Attorney, East Central Intergovernmental Association, Iowa State
Attorney General, Iowa Department of Transportation and affected public utilities. Said
notice stated that the Board would consider the Motion at its February 12, 2004, meeting.
At its meeting February 12, 2004, the Board noted that approval of the Asbury
annexation would create an island. The Board further notes that the land that would
become an island was part of the land proposed to be annexed to Dubuque. The Board
found Dubuque's annexation request to be complete and properly filed. Also at this
meeting, the Board tabled the Motion to Dismiss and the application for annexation and
scheduled a teleconference to be held February 26, 2004, for the Board to determine
how to proceed with further consideration of the annexation proposals and Motion to
Dismiss.
On February 18, 2004, the City Development Board notified by mail the City 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 February 26, 2004, teleconference.
At the February 26, 2004, teleconference meeting the Board requested the Cities of
Asbury and Dubuque to discuss the issues of the common territory and potential creation
of an island and to identify a possible solution between the two cities and report back to
the Board at its March 11, 2004 meeting. The Board also set a date for a hearing related
to the annexation proposals on April 1, 2004, noting that it would determine the scope of
the hearing at the March 11, 2004meeting.
On March 1, 2004, the City Development Board notified by mail the City of Asbury and
Dubuque, Dubuque County Board of Supervisors, Dubuque County Attomey, East
Central Iowa 'IntermJVernmental Association, Iowa State Attorney General, Iowa
Department of Transportation and affected public utilities of its March 11, 2004 meeting.
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
Page 5
16.
At the March 11, 2004 meeting, the cities reported that they had met, but were unable to
resolve the common territory issue or the island issue. The Board noted that without
amendment to either or both annexation applications, approval of Asbury's annexation
request would create an island. On March 18,2004, the Board issued its ruling to
dismiss Asbury's annexation request.
March 31, 2004, the City of Dubuque provided an updated voluntary annexation plan for
17.
the west side of Dubuque. This document included evidence to support six (6) reasons
offered for approval of the annexation:
a.
The annexation is overwhelmingly voluntary.
b.
The annexation is in accord with Dubuque's long-range and comprehensive
planning.
c.
The annexation will help partially fill Dubuque's present need for developable
land.
d.
The annexation supports the City's long-range goals to maintain compact and
contiguous development, to accommodate projected residential, commercial
and industrial expansion, and to facilitate planned and managed growth on
the City's fringe.
e.
The City of Dubuque has the fiscal capability to provide substantial municipal
services to the territory cost effectively.
f.
The City of Dubuque has the capability to provide substantial municipal
services and benefits not previously available to the annexation territory,
within a reasonable time and in the most cost efficient manner.
18.
On March 16,2004, notice of public hearing was given and the City Development Board
held a public hearing on the proposal on April 1, 2004. At the hearing, the City of
Dubuque provided the following information on the City Council goals, including planned
and managed growth, the City's ability to provide services to the territory, "A Guide to the
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
Page 6
Dubuque Comprehensive Plan", a table showing the projected loss to townships, county
and Asbury volunteer fire department upon annexation, and tables comparing statistics
from the cities of Dubuque and Asbury and the average of the nine largest cities in Iowa
on population density, property taxes, and residential service fees. Also at the hearing,
the City of Asbury presented information regarding the services it currently provides to its
residents as well as its ability to extend services to portions of the annexation territory.
19.
At the conclusion of the hearing counsel for the City of Dubuque represented that
Dubuque would cooperate in severance of an 80-acre tract north of Asbury Road and
four parcels (designated as 13-j, 13-k, 13-1 and 13-m) north of Middle Road if the owners
wished to sever and be annexed to Asbury.
20.
On April 20, 2004, in response to a request from the Board at the public hearing, the City
of Dubuque submitted copies of sections of its 2002 Comprehensive Plan relevant to the
annexation, water and sanitary sewer facility studies completed for this annexation
proposal, and portions of the Capitol Improvements Plan relevant to the annexation.
21.
On April 30, 2004, in response to a request from the Board at the public hearing, the City
of Asbury submitted information on its current tax base, current indebtedness, available
debt, portions of its Capital Improvements Plan addressing the annexation territory,
sewer and water facilities plan for the annexation territory, and portions of its
comprehensive plan addressing the territory.
22.
On May 6, 2004, notice of decision meeting was given and on May 13, 2004, the Board
met in Des Moines to deliberate and make a decision on the annexation request.
a. Based on the information supporting the annexation found in the city's submission,
presented at the public hearing and other materials filed by the City of Dubuque, at
least four-fifths of the Board members voted to approve the annexation. The Board's
«CT»«CY>H<CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
Page 7
approval includes a directory condition that the City of Dubuque make every
reasonable effort to reach an agreement with the City of Asbury and the owners of
Parcel 1, that portion of Parcel 2 lying north of Asbury Road, Parcel 13-j, Parcel 13-k,
Parcel 13-1, and Parcel 13-m, as shown on the map attached as Appendix C for
voluntary severance from the City of Dubuque and voluntary annexation to the City of
Asbury, and no later than October 4, 2004, the City of Dubuque report to the Board
the status of efforts to secure such an agreement.
b. The Board acknowledged that the common boundary between the cities of Asbury
and Dubuque established by this annexation is quite irregular. The irregular
boundaries may present some functional concems with the provisions of services to
the area such as developing an addressing system and providing snow removal
services to the territory and adjacent areas. Among the factors considered by the
Board in deciding to approve the annexation in spite of the resulting irregular
boundaries were the following:
c. The Cities of Dubuque and Asbury have met and attempted, but failed, to reach an
agreement on a common boundary between the two cities.
d. The owners of over 90% of the land in the territory requested to annex to Dubuque.
The language of Iowa Code Section 368.6 indicates that the Iowa General Assembly
intends for the annexation approval procedure to include a presumption of validity for
voluntary annexation approval. Although there will be some functional concerns
resulting from the irregular boundaries created, and the City of Asbury argued that it
could potentially provide services to some of the territory, these factors did not
outweigh the presumption of validity for approval.
e. To some extent, the irregular boundary that is created by this annexation is a result of
inclusion of land to avoid the creation of islands. Since the Board cannot approve an
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann. Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines. Iowa 50309
Page 8
annexation that creates an island, parcels 13-j-k-1 & m had to be included in
Dubuque's request. The non-consenting land lying immediately north of Middle Road
is nearly completely surrounded by the boundaries of the City of Asbury, and is only
included in Dubuque's annexation to avoid the creation of islands. The owners of
these parcels had previously attempted to annex to Asbury. The annexation request
that included these parcels was denied by the Board because it would have created
an island. The Board's condition placed on approval of the annexation directs that an
attempt be made to annex these properties to Asbury.
f. The City of Dubuque has undertaken a thorough planning effort. The results of the
planning process support the proposed annexation.
g. Except for the approximately 80 acres lying north of Asbury Road, the territory drains
into the floodplain of the Middle Fork of Catfish Creek in Dubuque. In its condition on
approval of the annexation, the Board requested that an effort be made to adjust the
cities' boundaries so that these 80 acres become part of the City of Asbury. In this
case, using topographic features rather than existing roads is more conducive to
planning for and extending municipal services.
h. The City of Dubuque has the capability to proVide municipal services to the territory.
For example, the City's water and sewer services are adjacent to portions of the
territory and be extended to serve the territory. The city has adequate capacity in its
water and sewer treatment plans to serve the territory. The City has budgeted funds
to extend water and sanitary sewer service to the territory. Dubuque is currently
providing water and sewer service to over 99% of its current residents.
The Board acknowledges that the boundary resulting from this annexation is not an
ideal situation, but believes it is the best resolution giving due consideration and
attempting to balance the factors described above. Further, although this ruling gives
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
Page 9
finality to this annexation issue, it is the intènt of the Board through the condition that
was added, to encourage the establishment of an agreement to mitigate the
functional concerns that may result from the city boundaries established by the
annexation.
CONCLUSIONS OF LAW
1.
The territory to be annexed "adjoins" the City of Dubuque as the term is defined in
Section 368.1 (1) Iowa Code.
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 Section 368.7(1) Iowa
Code.
4.
The City Development Board has jurisdiction to approve or deny the owner's application
for annexation Section 368.7(1) Iowa Code. The annexation proposed was approved by
at least four-fifth's of the Board as required by Section 368.7(1) of the Iowa Code. The
Board is required to file portions of the proceedings in accord with Section 368.7 Iowa
Code.
5.
The resolution by the City Council of Dubuque conforms with Section 368.7 Iowa Code
6.
The City of Dubuque's request for Board approval and the annexation is in substantial
compliance with 263 Iowa Admin Code 7.2.
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue. Des Moines, Iowa 50309
Page 10
7.
In accord with the standards set forth in Chapter 368 Iowa Code the annexation proposal
is in the public's interest.
8.
The condition that the City of Dubuque make every reasonable effort to obtain the
cooperation of landowners and the City of Asbury to enable severance of specified
parcels from Dubuque and annexation of the same parcels to Asbury is directory rather
than mandatory and should not be interpreted as affecting the finality of this order.
Dated this 71h day of July 2004.
CITY DEVELOPMENT BOARD
-:r;::: g!ß ~ó ~
James Halverson,halrperson
signature affixed by Steven R. McCann,
Administrator for City Development Board as
authorized under 263 Iowa
Administration Code 3.28
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
Page 11
THEREFORE, IT IS ORDERED that the application of the following described
territory 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.
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 the
documents necessary to complete this annexation. All recording and filing fees will be charged
to the City of Dubuque.
Dated this 7th day of July 2004.
CITY DEVELOPMENT BOARD
Is ~~ ~<"h./
James Halverson, Chairperson
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
Page 12
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served
upon:
Ms. Jeanne Schneider
Dubuque City Clerk
50 W 13th Street
Dubuque, IA 52001-4864
Mr. Fred Dean
Iowa Dept. of Trans.
B723 NW Blvd, PO 2646
Davenport, IA 52809
Cc: Jorge Zamora
Aquila
1015 Cedar Cross Road
Dubuque. IA 52002
Ms. Patricia Sunseri
Asbury City Clerk
4985 Asbury Road
Dubuque, IA 52002-0411
Mr. Frank Smith
Law Office
4215 Hubbell Avenue
Des Moines, IA 50317
Ms. Nancy Allen
AT&T Communications
120 Peachtree Street, NE
Atlanta, GA 30309
Mr. Tom Henderson
Whitfield & Eddy, PLC
1300 1 st Interstate Bank Bldg
Des Moines, Iowa 50309
Customer Relations
MCI Communications
PO Box 4600
Iowa City, IA 52244
Ms. Jan Schaffer
U.S. West
6153'" Avenue SW
Cedar Rapids, IA 52401
Dubuque Board of
Supervisors
720 Central Avenue
Dubuque, IA 52001
McLeod USA
6400 C Street, SW
Cedar Rapids, IA 52404
Engineering Dept. I MCI
560 2nd Avenue SE
Cedar Rapids, IA 52401
Mr. Fred McCaw
Dubuque County Attorney
720 Central Avenue
Dubuque, IA 52001
Mediacom
3033 Asbury Road
Dubuque, IA 52001
Pat Bryant PA173
AT&T
CommlPromenade Annex
1200 Peachtree Street NE
Atlanta, GA 30309
Ms. Kelley Duetmeyer
ECIA
3999 Pennsylvania Ave #200
Dubuque, IA 52002-2273
Mr. Paul Kitt
US West Communications
925 High Street
Des Moines, IA 50309
Maquoketa Valley
Rural Electric
PO Box 370,109 N Huber
Anamosa, IA 52205-0370
Alliant Utilities
1000 MainStreet
Dubuque, IA 52001
Mediacom
3033 Asbury Road
Dubuque, IA 5200
Said copy was mailed in an envelope addressed to them at the address shown above,
with postage fully paid and by depositing same in an United States Post Office depository in Des
Moines, Iowa on the 7th day of July. ,
Local Delivery ,
Honorable Tom Miller, Iowa Attorney General
«CT»«CY»-«CR» «CTN» Findings of Fact
Prepared by Steve McCann, Administrator 515/242-4719
Iowa Economic Development 200 E Grand Avenue, Des Moines, Iowa 50309
Page 13
Appendix A
Legal Description of territory to be annexed
to the City of Dubuque, Iowa CDB Case No. NC04-03
Commencing as a point of reference at the Northeast corner of the Northeast quarter of
Section 30, Township 89 North, Range 2 East, of the 5th Principal Meridian in Dubuque
County, Iowa, said point being the point of beginning;
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Thence southerly along the east line of the NE Y. of said Section 30 to the SE
corner of said NE y.;
Thence westerly along the south line of the SE Y. of the NE Y. of said Section 30
to the SW corner of said SE Y. NE y.;
Thence northerly along the west line of the SE Y. NE Y. and NE Y. NE Y. of said
Section 30 to the north line of the NE Y. of said Section 30;
Thence westerly along the north line of the NE Y. of said Section 30 to a point of
intersection with the east line of Lot 2 of the NW Y. NE Y. of said Section 30
extended northerly;
Thence southerly along the said east line and extension thereof to the southeast
corner of said Lot 2 of the NW Y.. NE Y. of said Section 30;
Thence westerly along the south lines of Lot 2 and Lot 2 of 1 of said NW Y. NE
Y. to the SW corner of said Lot 2 of 1 ;
Thence northerly along the west line of said Lot 2 of 1 to the north line of the NE
y. of said Section 30;
Thence westerly along said north line to the NE corner of the NW Y. of Section
30, T89N, R2E, 5th P.M., Dubuque County, Iowa;
Thence westerly along the north line of the NW Y. of said Section 30 to a point
of intersection with the east line of Lot 2 of the east 10 acres of the NE Y. of the
NW y. of said Section 30 extended northerly;
Thence southerly along said east line to the southeast corner of said Lot 2;
Thence westerly along the south line of said Lot 2 to the southwest corner of
said Lot 2;
Thence northerly along the west line of said Lot 2 and extension thereof to a
point of intersection with the north line of the NW Y. of said Section 30;
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Thence westerly along said north line to the NW corner of the NE y.. NW y.. of
said Section 30;
Thence southerly along the west line of said NE y.. NW y.. to the SW corner of
said NE y.. NW y.. said point also being the NE corner of Lot 2 of the SW y.. NW
y.. of said Section 30;
Thence westerly along the north line of said Lot 2 to the NW corner of said Lot
2;
Thence southerly along the west line of said Lot 2 to the SW corner of said Lot;
Thence easterly along the south line of said Lot 2 and north line of Lot 2 of the
SE y.. NW y.. in Section 30 to the northeast corner of said Lot 2 of the SE y.. NW
y.. in said Section 30;
Thence southerly along the east line .of said Lot 2 of the SE y.. NW y.. to the
south line of the NW y.. of said Section 30;
Thence westerly along said south line to the SW corner of the NW y.. of said
Section 30 said point also being the SE corner of the NE 1/4 of Section 25,
T89N, R1E, 5th P.M., Dubuque County, Iowa;
Thence westerly along the south line of the NE y.. of said Section 25 to the SW
corner of Lot 1 of 1 of the SE y.. NE y.. of said Section 25;
Thence northerly along the west lines of the SE y.. NE Kand the NE y.. NE y.. to
the north line of the NE y.. of said Section 25; said point also being on the south
line of the SE y.. of Section 24, T89N, R1 E, 5th P.M.;
Thence westerly along the south line of the SE y.. of said Section 24 to the
southwest corner of the SE y.. of said Section 24; .
Thence northerly along the west line of said SE y.. to the northwest corner of
said SE y..;
Thence easterly along the north line of said SE y.. to the NE corner of the NW y..
SE y.. of said Section 24;
Thence southerly along the east line of said NW y.. SE y.. to the northwest corner
of the West Y:z of the SE y.. SE y.. of said Section 24;
Thence easterly along the north line of said W Y:z to the NE corner of said W Y:z
of SE y.. SE y..;
27.
28.
29.
30.
31.
32.
33.
34.
3S.
36.
37.
38.
39.
40.
Thence southerly along said W Y:z to the south line of the SE Yo of said Section
24;
Thence easterly along the south line of the SE Yo of said Section 24 to the SE
corner of the SE Yo of said Section 24 said point also being the NW corner of the
NW Yo of Section 30, T89N, R2E, Sth P.M.;
Thence southerly along the west line of the NW Yo of Section 30, T89N, R2E, Sth
P.M. to a point of intersection with the south line of Lot 2 of A. Tigges
Subdivision in the NW Yo NW Yo of said Section 30 extended westerly;
Thence easterly along the south line of Lot 2 and Lot 3 of said A. Tigges
Subdivision to the southeast corner of said Lot 3;
Thence northerly along the east line of said Lot 3 and extension thereof to the
north line of the NW Yo NW Yo of said Section 30, said line also being the south
line of the SWyo SWYoofSection 19, T89N, R2E, Sth P.M.;
Thence easterly along said south line to a point of intersection with the west line
Lot 2 of 4 of 1 of the SW Yo SW Yo of said Section 19;
Thence northerly along the westerly line of Lot 2 of 4 of 1 and Lot 1 of 4 of 1 to
the northwest corner Lot 1 of 4 of 1 of the SW Yo SW Yo of said Section 19;
Thence easterly along the northerly line of said Lot 1 of 4 of 1 to the NE corner
of said Lot;
Thence southerly along the east line of said Lot 1 of 4 of 1 and Lot 2 of 4 of 1 to
a point of intersection with the south line of the SW Yo of said Section 19;
Thence easterly along said south line to a point of intersection with the west line
of Lot 1 of 6 of 1 of the SW Yo SW Yo of said Section 19;
Thence northerly along the westerly line of said Lot 1 of 6 of 1 and Lot 2 of 6 of
1 to the northwest corner of Lot 2 of 6 of 1 of said SW Yo SW Yo;
Thence easterly along the north line of said Lot 2 of 6 of 1 to a point of
intersection with the west line of Lot 1 of the SE Yo SW Yo of said Section 19;
Thence northerly along the west line of Lot 1 of the SE y.. SW Yo and NE Yo SW
Yo to a ~oint of intersection with the south line of the NW Yo of Section 19, T89N,
R2E, st P,M.;
Thence westerly along said south line to the SW corner of Lot 1 of 1 of 1 of 1 of
1 of the West fractional Y:z of said NW Yo except the west SO-feet of the south
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
208.71-feet of Lot 1 of 1 of 1 of 1 of said West fractional % of said Section 19
lying south of Asbury Road;
Thence northerly along the west line of said Lot 1 of 1 of 1 of 1 of 1 to a point of
intersection with the centerline of Asbury Road;
Thence westerly along said centerline to the easterly line of Lot A of Lot 1 of 1 of
1 of 1 of 1 of the West fractional % of the NW ~ of said Section 19 lying north of
Asbury Road extended southerly;
Thence northerly along the east line of said Lot A Lot 1 of 1 of 1 of 1 of 1 of the
West fractional % of the NW~ of said Section 19 lying north of Asbury Road to
the north line of the NW ~ of said Section 19; said line being the south line of
the SW ~ of Section 18, T89N, R2E, 5th P.M.;
Thence continuing northerly along the east line of Lot A of Lot 5 of the SW ~ of
said Section 18 to the north line of said Lot 5;
Thence easterly along said north line to the NE corner of said Lot 5 of said
Section 18;
Thence southerly along the east line of said Lot 5 to a point of intersection with
the north line of the NW ~ of Section 19, T89N, R2E, 5th P.M.;
Thence continuing southerly along the east line of Lot 1 of 1 of 1 of 1 of 1 of the
West fractional % of the NW ~ of said Section 19, except the west 50-feet of the
south 208.71-feet of Lot 1 of 1 of 1 of 1 of said West fractional % extended
southerly to the center line of Asbury Road;
Thence easterly along said centerline a point of intersection with the east line of
the West fractional % of the NW ~ of said Section 19;
Thence northerly along said east line to the north line of the said NW %;
Thence easterly along said north line to the NE corner of the NE % NW ~ of
said Section 19;
Thence southerly along the east line of the NW % of said Section 19 toa point
of intersection with the centerline of Asbury Road;
Thence easterly along said centerline to the northeast corner of that part of Lot 1
of Potts Place, lying outside the Asbury City limits in the SW ~ NE Yo of said
Section 19 (formerly platted as the NE corner of Lot 2 of 1 of 1 of 1 of said SW
Yo NE Yo);
53.
54.
55.
56.
57.
58.
59.
Thence southerly along the east line of that part of said Lot 1 lying outside the
Asbury City limits to the SE corner of the said Lot formerly platted as Lot 2 of 1
of 1 of 1 of said SW Yo NE 1/4;
Thence westerly along the south line of that portion of said Lot 1 lying outside
the Asbury City limits also being the south line of said former Lot 2 of 1 of 1 of 1
to a point of intersection with the east line of the SE Yo NW Yo of said Section 19;
Thence southerly along said east line to NW corner of the NW Yo SE Yo of said
Section 19;
Thence easterly along the north line of the SE Yo of said Section 19, to the NE
corner of the NW Yo SE Yo of said Section 19;
Thence southerly along the east line of the NW Yo SE Yo to the NW corner of the
SE Yo SE Yo of said Section 19; .
Thence easterly along the north line of said SE Yo SE Yo to the northeast corner
of said SE Yo SE Yo;
Thence southerly along the east line of the SE Yo of said Section 19 to the SE
corner of said Section, said point also being the NE corner of Section 30, T89N,
R2E, 5th P.M. Dubuque County, Iowa and the point of beginning.
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
tlitI1 o:r~ ~ ~~ ~
éLUCIJID:D~
~Z
jJ~r~ RADF RD RD
<>~
'I»
~
tJ
>
<!:
::c
u
I
1o ,¡
¡: ;. 1,1
I >: 1Ì1h
u
::: $
.0 'E $
:c ::J 'E
>< Z' ::J
W G Z'
c:: ~ G
0 g ~
.- .!:I :J
..... :J .!:I
CO 0 ~
><
Q)
c::
<¥
en
Q5
~
(\j
a...
C)
.f:
E
Q)
en
c:
0
U
en
Q5
()
....
(\j
a...
C)
.f:
E
Q)
en
c:
0
U
I
c:
0
Z
IID~
Parcels 13a - 13q
............." City water (proposed mains A & B
-,- City water (existing)
I I"'-~ City sewer (existing)
City sewer (proposed
collectors A.& B)
""""""'" Callahan sewer collector
- (planned)
Ff- Asbury city limits
L Dubuque city limits
~
City of Asbury
_AS6l,JRy
"II;¥J . &()
2
j
City of Dubuque
~\I
-' ::::--