Voluntary Annexation_10924 Key West Drive_ChristopersonMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Annexation Request - Catherine C. Christopherson
DATE: March 9, 2012
Dubuque
bierd
All-America City
1
2007
Planning Services Manager Laura Carstens recommends approval of the annexation
request of Catherine C. Christopherson for 10924 Key West Drive.
The City Council approved a pre- annexation agreement for this property in January
2012. There was an "island" of unincorporated property that prevented the City from
annexing the property at that time. The City has subsequently been able to resolve the
"island" issue with the assistance of the Iowa Department of Transportation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Annexation Request - Catherine C. Christopherson
DATE: February 28, 2012
Dubuque
bierd
All-America City
1
2007
Planning Services Manager Laura Carstens recommends that a public hearing be set
for March 19, 2012 on the annexation request of Catherine C. Christopherson for 10924
Key West Drive.
The City Council approved a pre- annexation agreement for this property in January
2012. There was an "island" of unincorporated property that prevented the City from
annexing the property at that time. The City has subsequently been able to resolve the
"island" issue with the assistance of the Iowa Department of Transportation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Annexation Request — Catherine C. Christopherson
DATE: March 8, 2012
Dubuque
tarld
All- America City
1
2007
INTRODUCTION
This memorandum transmits an application for annexation from Catherine C.
Christopherson requesting annexation of 0.19 acres of property on the south side of
Dubuque at 10924 Key West Drive, for a public hearing on March 19, 2012.
DISCUSSION
The City Council approved a pre- annexation agreement for this property in January
2012. There was an "island" of unincorporated property that prevented the City from
annexing the property at that time. We have subsequently been able to resolve the
"island" issue with the assistance of the Iowa Department of Transportation.
The required 50 -feet of adjacency for a common border with the Dubuque city limits is
met by the property's rear yard, which adjoins the public right -of -way of U.S. Highway
151/61 for approximately 100 feet. The abutting public right -of -way of Key West Drive
also will be annexed to the centerline concurrent with the annexation of the property.
The property will be zoned AG Agricultural upon annexation in accordance with the
Unified Development Code. Rezoning to R -1 Single - Family Residential can be
requested in the future.
ACTION STEP
I request that the City Council approve the annexation request of Catherine C.
Christopherson for 10924 Key West Drive.
Attachments
cc: Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Don Vogt, Public Works Director
Mark Dalsing, Police Chief
Dan Brown, Fire Chief
1
EXHIBIT B
PETITION FOR ANNEXATION
DATE FILED 2/6/12
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioner Respectfully States Under Oath:
1 That the Petitioner is the sole owner of record of the following legally described
and hereinafter to as the 'Real Estate ". See attached Exhibit A: Legal
Description and Plat of Annexation. The.Real Estate is further identified as
parcel number 1512102002.
2. The Real Estate is not situated within the limits of any municipality, but is
contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Plat of Annexation.
The Petitioner Respectfully Requests:
1. That the above- described Real Estate be annexed to the City of Dubuque by
resolution of the Mayor and City Council of the City of Dubuque, Iowa, pursuant
to Chapter 368 of the Code of Iowa.
2. That such other action may be taken as is appropriate in the premises.
• I, the Petitioner, hereby state that the preceding statements and all statements
.made in supplementary material, and all attached documents submitted by me
are true and correct.
Signed on this 9 .day of cklUtee.4, 2012.
atherine C. Christoph -rson
10924 Key West Drive
Dubuque Iowa 52003
Telephone: (5-80- apt CS-63)
Subscribed and sworn before me this day of /,�2�/ , 2012.
otary Public
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
7
td EI.INOA RETTENBERGER
Comml.:a on Numbor 128�56
.Hy Cornai!aefon Eapireq
EXHIBIT B
PETITION FOR ANNEXATION
DATE FILED 2 /6/12
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioner Respectfully States Under Oath:
1. That the Petitioner.is the sole owner of record of the following legally described
land hereinafter to as the "Real Estate ". See attached Exhibit A: Legal
Description and Plat of Annexation. The.Real Estate is further identified as
parcel number 1512102002.
2. The Real Estate is not situated within the limits of any municipality, but is
contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Plat of Annexation.
The Petitioner Respectfully Requests:
1. That the above- described Real Estate be annexed to the City of Dubuque by
resolution of the Mayor and City Council of the City of Dubuque, Iowa, pursuant
to Chapter 368 of the Code of Iowa.
2. That such other action may be taken as is appropriate in the premises.
, I, the Petitioner, hereby state that the preceding statements and all statements
.made in supplementary material, and all attached documents submitted by me
are true and correct.
Signed on this
9
day of, 2012.
atherine C. Christoph-rson
10924 Key West Drive
Dubuque Iowa 52003 1
Telephone: (5-(9--- aov9Cs6.i
Subscribed and sworn before me this q day of
atary Public
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
7
r ?ARANO < RETY£NaSNG
Oomm;.,a'on Number US
Hy Co:Wolon Expire:
, 2012.
1
I
EXHIBIT A
LEGAL / SCRIPTION AND PLAT OF A
f'
Lot2 of 2 of 2 Mineral Lot 479
Township 88 N Range _2 of
in Dubuque Cou
10813
Legend
OWNER
CHRISTOPHERSON, CATHERINE C
IOWA, STATE OF
Dubuque City Limits
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St. Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589 -4121
RESOLUTION NO. 80 -12
RESOLUTION RESCINDING RESOLUTION 66 -12, APPROVING APPLICATION FOR
VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA, AND
IN LIEU THEREOF ADOPTING A NEW RESOLUTION APPROVING APPLICATION FOR
VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA.
Whereas, Catherine C. Christopherson, the property owner, has submitted a written
application for voluntary annexation of approximately 0.19 acre of land at 10924 Key West
Drive to the City of Dubuque, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation
moratorium agreement; and
Whereas, the annexation territory does not include any railroad property; and
Whereas, Iowa Code section 368.7 authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification and public hearing;
and
Whereas, this annexation is consistent with the Comprehensive Plan of the City of
Dubuque; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 66 -12 is hereby rescinded.
Resolution No. 80 - 11
Page 2
Section 2. That the application of Catherine C. Christopherson, the property
owner, for voluntary annexation of approximately 0.19 acre of land at 10924 Key West
Drive lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit
A and legally described as Lot 2 -2 -2 Mineral Lot 479, Section 12, Township 88N, Range 2E
of the 5t P.M., Dubuque County, Iowa, is hereby approved for annexation to the City of
Dubuque, Iowa.
Section 3. That the abutting Dubuque County public right -of -way will be annexed
to the centerline of Key West Drive concurrent with the annexation of the subject property
in accordance with the provisions of Chapter 368 of the Iowa Code.
Section 4. That the abutting State of Iowa public right -of -way for U.S. Highway
61/151will be annexed concurrent with the annexation of the subject property in
accordance with the provisions of Chapter 368 of the Iowa Code.
Section 5. That, subject to the approval of the Secretary of State, the corporate
limits of the City of Dubuque, Iowa, be and they hereby are extended to include the
approximately 0.19 acre of annexation territory as shown on Exhibit A.
Section 6. That the City Council of Dubuque, Iowa, does hereby certify that the
City of Dubuque has complied with the notice and hearing requirements of the Iowa Code
pertaining to voluntary annexation of territory outside an urbanized area of another city.
Section 7. That if Secretary of State approves this annexation, the territory hereby
annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Iowa.
Section 8. That the City Clerk shall file this resolution, all exhibits and the
applications for voluntary annexation with the State of Iowa in accordance with the
provisions of Chapter 368 of the Iowa Code.
Passed, approved and adopted this 19th day of March
Attest:
Kevin S. i nstahl, City Clerk
2012.
Roy D. Buol, Mayor
NOTICE OF PUBLIC
HEARING
The Dubuque City
Council will hold a
public hearing on a
voluntary annexation
request for Parcel No.
15 -12- 102 -002 on the
south side of the City
of Dubuque located at
10924 Key West Drive.
The, request is to
voluntarily annex
approximately of 0.19
acres of private
property. The annex-
ation will include to the
centerline of the
adjacent public right -of-
way of Key West Drive
and U.S. Highway
61/151. The public
hearing will be held:
DATE: Monday, March
19, 2012
TIME: 6:30 p.m.
PLACE: City Council
Chamber, Historic
Federal Building, 350
W. 6th Street, Dqbu-
que, Iowa
At the public hearing,
all interested parties
may present oral and
written comments
regarding the proposal.
The legal description of
the property proposed
for annexation is: Lot 2-
2-2 Mineral Lot 479,
Section 12, Township
88N, Range 2E of the
5th P.M., Dubuque
County, Iowa
Any visual or hearing
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563)
589 -4120 or TDD (563)
690 -6678 at least 48
hours prior to the
meeting.
Published this 29th
day of February, 2012.
Kevin S. Firnstahl,
City Clerk
It 2/29
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: February 29, 2012, and for which the charge is $16.56.
a-45(4414AR
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
/42-t this lt day of �� , 20 .
Notary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Cbmmibslon Mumbor 154'.85
MATT SCHULTZ
SECRETARY OF STATE
March 12, 2012
Kevin S. Firnstahl
City Clerk
City of Dubuque
50 West 13th Street
Dubuque, IA 52001 -4805
Re: Resolution # 66 -12
Dear Mr. Firnstahl,
OFFICE OF THE IOWA SECRETARY OF STATE
LUCAS BUILDING
DES MOINES, IOWA 50319
You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary
annexation of territory to the City of Dubuque have been received and accepted by this office as required in
Iowa Code section §368.7.
You may consider the annexation filed.
The annexed territory may affect the boundary of one or more election precincts. Based on the requirements of
Iowa Code §49.8(2), please fill out the enclosed worksheet and return it to our office as soon as possible.
Please confer with the County Auditor to determine the appropriate precinct change.
Please make this determination and return the worksheet to this office at the address listed below at the
earliest possible date.
Feel free to contact me with any questions or concerns.
R
rds,
Ma Most an
Deputy- :,fa Secretary of State's Office
321 E. 12th Street
Des Moines, IA 50319
515- 281 -5866
mart'. mosiman(c�sos. iowa.qov
Phone 515 - 281 -5204 Fax 515 - 242 -5953
sos.iowa.gov sos@sos.iowa.gov
City Information:
Name of City Dubuque
Located in
State of Iowa
City Annexation Worksheet
Dubuque
Annexation Information:
Annexation Resolution #
County
80 -12 (Rescinding Resolution No. 66 -12)
Estimated Population of Annexed Territory: 58,000
Assigned to Precinct: One
Assigned to Ward (if applicable): One
Signed:
orized City Representative
Print Name: Kevin S. Firnstahl, City Clerk
Date: 3/20/12
Prepared by the Office of Iowa Secretary of State Revised 2/2012
SOMONSON
Doc ID: 007336660006 Type: GEN
Kind: ANNEXATION
FeeoAmt: $32.00 03/22/2012 Page 1tof3641:47 PM
Dubuque County Iowa
Kathy Flynn Th
Fle2o l2 _00004831
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589 -4121
RESOLUTION NO. 80 -12
RESOLUTION RESCINDING RESOLUTION 66 -12, APPROVING APPLICATION FOR
VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA, AND
IN LIEU THEREOF ADOPTING A NEW RESOLUTION APPROVING APPLICATION FOR
VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA.
Whereas, Catherine C. Christopherson, the property owner, has submitted a written
application for voluntary annexation of approximately 0.19 acre of land at 10924 Key West
Drive to the City of Dubuque, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation
moratorium agreement; and
Whereas, the annexation territory does not include any railroad property; and
Whereas, Iowa Code section 368.7 authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification and public hearing;
and
Whereas, this annexation is consistent with the Comprehensive Plan of the City of
Dubuque; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 66 -12 is hereby rescinded.
Resolution No.
Page 2
80 - 11
Section 2. That the application of Catherine C. Christopherson, the property
owner, for voluntary annexation of approximately 0.19 acre of land at 10924 Key West
Drive lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit
A and legally described as Lot 2 -2 -2 Mineral Lot 479, Section 12, Township 88N, Range 2E
of the 5t P.M., Dubuque County, Iowa, is hereby approve d for annexation to the City of
Dubuque, Iowa.
Section 3. That the abutting Dubuque County public right -of -way will be annexed
to the centerline of Key West Drive concurrent with the annexation of the subject property
in accordance with the provisions of Chapter 368 of the Iowa Code.
Section 4. That the abutting State of Iowa public right -of -way for U.S. Highway
61/151wi1l be annexed concurrent with the annexation of the subject property in
accordance with the provisions of Chapter 368 of the Iowa Code.
Section 5. That, subject to the approval of the Secretary of State, the corporate
limits of the City of Dubuque, Iowa, be and they hereby are extended to include the
approximately 0.19 acre of annexation territory as shown on Exhibit A.
Section 6. That the City Council of Dubuque, Iowa, does hereby certify that the
City of Dubuque has complied with the notice and hearing requirements of the Iowa Code
pertaining to voluntary annexation of territory outside an urbanized area of another city.
Section 7. That if Secretary of State approves this annexation, the territory hereby
annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Iowa.
Section 8. That the City Clerk shall file this resolution, all exhibits and the
applications for voluntary annexation with the State of Iowa in accordance with the
provisions of Chapter 368 of the Iowa Code.
Passed, approved and adopted this 19th day of March
Attest:
Kevin S. i nstahl, City Clerk
D
2012.
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council.
do further state that the hereto attached Resolution No. 80 -12 is a correct copy of the
original Resolution No. 80 -12 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 19th day of March, 2012.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 20th day of March, 20212.
e a,f�F1114 ��'
EXHIBIT B
PETITION FOR ANNEXATION
DATE FILED 2/6/12
TO: Mayor and City Council of the City of Dubuque, Iowa'
Board of Supervisors, Dubuque County, Iowa
The Petitioner Respectfully States Under Oath:
1. That the Petitioner.is the sole owner of record of the following legally described
land hereinafter to as the "Real Estate ". See attached Exhibit A: Legal
Description and Plat of Annexation. The,Real Estate is further identified as
parcel number 1512102002.
2. The Real Estate is not situated within the limits of any municipality, but is
contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Plat of Annexation.
The Petitioner Respectfully Requests:
1. That the above- described Real Estate be annexed to the City of Dubuque by
resolution of the Mayor and City Council of the City of Dubuque, Iowa, pursuant
to Chapter 368 of the Code of Iowa.
2. That such other action may be taken as is appropriate in the premises.
I, the Petitioner, hereby state that the preceding statements and all statements
.made in supplementary material, and all attached documents submitted by me
are true and correct.
Signed on this ? .day of c , 2012.
atherine C. Christoph rson
10924 Key West Drive
Dubuque Iowa 62003
Telephone: (5-&-o- - r 9 £54 S J
Subscribed and sworn before me this , / day of i , LL( '/ , 2012.
I2---
Notary Public `V7
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
7
M LINDA RETTEN ERQRR
Commlanlrn Numbor 125
Ny C031,1 00A Explre #7
EXHIBIT B
PETITION FOR ANNEXATION
DATE FILED 2/6/12
TO: Mayor and City Council of the City of Dubuque, Iowa'
Board of Supervisors, Dubuque County, Iowa
The Petitioner Respectfully States Under Oath:
1. That the Petitioner.is the sole owner of record of the following legally described
land hereinafter to as the "Real Estate ". See attached Exhibit A: Legal
Description and Plat of Annexation. The.Real Estate is further identified as
parcel number 1512102002.
2. The Real Estate is not situated within the limits of any municipality, but is
contiguous to the City of Dubuque, Iowa. See attached Exhibit A: Legal
Description and Plat of Annexation.
The Petitioner Respectfully Requests:
1. That the above - described Real Estate be annexed to the City of Dubuque by
resolution of the Mayor and City Council of the City of Dubuque, Iowa, pursuant
to Chapter 368 of the Code of Iowa.
2. That such other action may be taken as is appropriate in the premises.
. I, the Petitioner, hereby state that the preceding statements and all statements
.made in supplementary material, and all attached documents submitted by me
are true and correct.
. Signed on this .day of C� , 2012.
atherine C. Christoph -rson
10924 Key West Drive
Dubuque Iowa 52003 . '
Telephone: (- 'a-- a'D 9 (S-643..)
Subscribed and sworn before me this r/ day of , 2012.
ota Public
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
7
MELINUA RMINBERGER
Commiagi: %n l urnbar 125
�eix� 114p Corn ilssion Gxarres
i EXHIBIT A . 1//
LEGA (-7 LI SCRIPTION AND PLAT OF A EXATIOli
c
Lot)2 of 2 of 2 Mineral Lot 479 : ection 12
Township 88 N Range.2 of • e 5th P4.
in Dubuque Cou Iowa
Legend
OWNER
CHRISTOPHERSON, CATHERINE C
IOWA, STATE OF
1 " Dubuque City Limits