Second Annexation Request_10924 Keywest Drive, ChristophersonMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Annexation Request #2 - Catherine C. Christopherson
DATE: March 26, 2012
Dubuque
bierd
All-America City
1
2007
The City Council approved an annexation request from Catherine Christopherson on
March 19, 2012. Subsequently, the City learned a 0.05 acre parcel had been
transferred from the Iowa Department of Transportation to Mrs. Christopherson in the
interim. The transfer created two lots with legal descriptions that were not part of the
first annexation notice. The 0.05 acre parcel to be annexed is the site of Mrs.
Christopherson's garage. This second annexation request will ensure annexation of all
of Mrs. Christopherson's property at 10924 Key West Drive and all remaining IDOT
property.
Planning Services Manager Laura Carstens recommends that a public hearing be set
for April 16, 2012 on the second annexation request of Catherine C. Christopherson
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 #2 — Catherine C. Christopherson
DATE: March 23, 2012
Dubuque
ktittri
All-America City
2007
INTRODUCTION
This memorandum transmits a second voluntary annexation request from Catherine C.
Christopherson for property on the south side of Dubuque at 10924 Key West Drive, to
be set for a public hearing on April 16, 2012.
DISCUSSION
The City Council approved an annexation request from Mrs. Christopherson on March
19, 2012. Subsequently, we learned a 0.05 acre parcel had been transferred from the
Iowa Department of Transportation to Mrs. Christopherson in the interim. The transfer
created two lots with legal descriptions that were not part of the first annexation notice.
The parcel where Mrs. Christopherson's residence is located was the portion of her
property previously annexed. The 0.05 acre parcel to be annexed is the site of her
garage. The annexation will include to the centerline of the adjacent public right -of -way
of Key West Drive and U.S. Highway 61/151, and adjacent property owned by the Iowa
Department of Transportation in the highway right -of -way. This second annexation
request will ensure annexation all of Mrs. Christopherson's property at 10924 Key West
Drive and all remaining IDOT 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 set a public hearing on the second annexation request of
Catherine C. Christopherson for 10924 Key West Drive for April 16, 2012.
Attachments
1
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. -12
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 0.05 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:
Resolution No.
Page 2
-12
Section 1. That the application of Catherine C. Christopherson, the property
owner, for voluntary annexation of approximately 0.05 acre of land at 10924 Key West
Drive, legally described as Lot 1 of Mineral Lot 479 lying west of Hwy, and adjoining
property owned by Iowa Department of Transportation (IDOT) in the Highway right -of -way
and legally described as Kerrigan Road Hgts — Lot 1 A, all lying outside of the corporate
limits of the City of Dubuque, Iowa, in Section 12, Township 88N, Range 2E of the 5t P.M.,
Dubuque County, Iowa, as shown on Exhibit A, is hereby approved for annexation to the
City of Dubuque, Iowa.
Section 2. 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 3. That the abutting State of Iowa public right -of -way for U.S. Highway
61/151 will be annexed concurrent with the annexation of the subject property in
accordance with the provisions of Chapter 368 of the Iowa Code.
Section 4. 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 5. 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 6. 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 7. 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 day of 2012.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
9851
EXHIBIT A
LEGAL DESCRIPTION AND PLAT OF A EXATION
Lott of Min Lot 479 Lying We . of Hwy &
Kerrigan Road Hgts - of 1A
Section 12 Township 88 Range 2 of
the 5th P.M. in Dubu • . e County, Iowa
KR`PARK DR
10805
10x787
Legend
IDOT
CHRISTOPHERSON TO BE ANNEXED
CHRISTOPHERSON PREVIOUS ANNEXATION
Dubuque City Limits
LOCATION MAP
City of Dubuque
Subject Area
(?ago 1 e_ 2)
m
loo 1 :811110073111112 Type: Doc I0: 007925600002 Type: OEN
Kind: OBIT CLAIM DEED
Recorded: 03/09/2012 at 01:45:08 PM
Fee Amt: $17.00 Page 1 of 2
Revenue Tax: $0.00
KathyuFlynnRThurlou Recorder
F1102012- 00003909
OTXE IOWA STATE BAR ASSOCIATION FORME LEGAL FFFECTOFMEUSEOF
Olfiaa FOm No 109- Mav2gR James A. Tramiel - AT0007917 IRS FORM CONSULT YOUR LAWYER
Retum To: Catherine C. Christopherson, 10924 Key West Dr. Dubuque IA 52003
Preparers James A. Trannel, 1154 Iowa Street, Dubuque IA 52001 (563) 557 -7360
Taxpayer: Catherine C. Christopherson 10924 Key West Dr. Dubuque. IA 52003
`$TA7C
o
7
ssDciATlO
For Rtebonsidocatiotraifoa
Catherine C. Christopherson
QUIT CLAIM DEED
good and DallatrepititiRatIttiKvaluable consideration,
a widow, being the surviving spouse ofl.aVem E. Christopherson, who died on May 29,
1996, then owning an interest in the real estate described below, as a joint tenants with the undersigned, does etwhereby
Quit Claim to The Catherine C, Christopherson Revocable Living Trust" dated May 14.2003
all
r OUNright, title, Interest, estate,
County, Iowa:
See
Exempt: Transfer without
Each of the undersigned
to the real estate. Words
singular or plural number,
cam, '•
claim and demand in the following
attached legal description.
aetual consideration, for title purposes
hereby relinquishes all rights
and phrases herein, Including acknowledgment
and as masculine or feminine gender,
real estate in Dubuque
only.
of dower, homestead and distributive share in and
hereof, shall be construed as in the
according to the context.
Dated: March 6 2012
Catherine C, Chiistopherso (Grantor)
WV W
(T�J�
.11P-
STATE OF IOWA COUNTY OF DUBUOUF.
This instrument was acknowledged
Catherine (' Christonhersnn a widow
before me on March G.-M 7012 by
f�r
b/ k
yy .s
SALLY R. CULBERTSON
Commieslen Nuf�nber760872N
My Comm. Exp. f, • 2.2ot
1
VVV , Notary Public
(This faun of acknowledgment for Individual grantor(s) only)
S'1"
HT ® lam
Book . Pave . rile Number 2012 - 00003909
(Page 2 of 2)
A parcel of land located in the NW 1/4 of Section 12, Township 88 North, Range 2 East
of the 5th P.M., Dubuque County, Iowa, lying on the west side of part of the following
described centerline of Relocated Primary Road No. U. S. 61 as shown on Official Plans
for Project F -304.
The centerline of Relocated Primary Road No. U. S. 61, designated by station points 100
feet apart, numbered consecutively from south to north, is described as follows:
Beginning at Sta. 602 +42.8, a point 826.1 feet west of the N 1/4 Corner of said
Section 12, on the north line thereof, thence southerly 703.8 feet along a 1910.0 ft. radius
curve, concave easterly and tangent to the following course to Sta. 595 +39.0, thence
southerly 350.0 feet along a spiral curve concave southeasterly and tangent to the
following course, having a short tangent of 116.8 feet, along tangent of 233.4 feet and a
deflection angle of 5° 15' to Sta. 591 +89.0, thence S 13° 09' W 165.4 feet to Sta.
590 +23.6.
Said parcel is described as follows: All that part of Lot 1 of mineral Lot 479 that lies
westerly of a line 60 feet radially distant westerly from and concentric with said
centerline.
Said Parcel contains 0.05.acre, more or less.
Book Pane . FIIe Number 2012- 00003909
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