Seconond Annexation Request_10924 Key West Drive, ChristophersonMATT SCHULTZ
SECRETARY OF STATE
June 20, 2012
Kevin S. Firnstahl
City Clerk
City of Dubuque
50 West 13th Street
OFFICE OF THE IOWA SECRETARY OF STATE
Re: Resolution #98 -12 addition to 80 -12
Dear Mr. Firnstahl,
LUCAS BUILDING
DES MOINES, IOWA 50319
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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.
Feel free to contact me with any questions or concerns.
Regards,
'Maio/Lead
Mary M. an
Deputy -Iowa Secretary of State's Office
321 E. 12th Street
Des Moines, IA 50319
515- 281 -5866
mary.mosiman@sos.iowa.gov
Cc: Daniel Keller, Iowa Department of Transportation
Cc: Marie Steenlage, City Development Board Administrator
Phone 515 - 281 -5204 Fax 515 - 242 -5953
sos.iowa.gov sos@sos.iowa.gov
Masterpiece 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: April 6, 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 approval of the second
annexation request of Catherine C. Christopherson for 10924 Key West Drive.
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: 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: April 5, 2012
Dubuque
All Amenca CiIY
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,
which is scheduled fora 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 approve the second annexation request of Catherine C.
Christopherson for 10924 Key West Drive.
Attachments
1
1101111M 011 0111111111111111111111
Doc ID 007360230004 Type GEN
Kind ANNEXATION
Recorded: 04/18/2012 at 03:00:05 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2012- 00006501
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. 98 -12
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, Catherine C. Christopherson, the property owner, has submitted awritten
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 THERE FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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. 98 -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. 98 - 12
Page 2
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 1A, all Tying 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 16th day of April
Attest:
Ric W. Jo
, Mayor Pro -Tem
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 2 day of t �9Aec/!ef , 2012.
atherine C. Christoph-rson
10924 Key West Drive
Dubuque Iowa 52003 ..� ll
Telephone: Via° olr�z>9CS6-J
Subscribed and sworn before me this 9 day of
Notary Public
ATTACHMENTS:
EXHIBIT A: Legal Description and Plat of Annexation
7
, 2012.
MEI Itq c P. Cl-i EMli Ilagh
Cann, H ii bsr 12P GB
1,4 tit ...,, E:pIra ?
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
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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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CITY OF DUBUQUE,
IOWA
NOTICE OF PUBLIC
HEARING
The Dubuque City
Council will hold a
public hearing on a
voluntary annexation
request on the south
side of the City of
Dubuque located at
10924 Key West Drive.
The request is to
voluntarily annex
approximately of 0.05
acres of private
property. The annexa-
tion will include to the
centerline of the ad-
jacent 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.
The public hearing will
be held:
DATE: Monday, April
16, 2012
TIME: 6:30 p.m.
PLACE: City Council
Chamber, Historic
Federal Building, 350
W. 6th Street, Dubu-
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 1
of Mineral Lot 479,
lying West of Hwy and
Kerrigan Road Hgts -
Lot 1A, 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.
1t 3/27
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: March 27, 2012, and for which the charge is $13.25.
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
, 20 41, .
thise:;e90 day of
o tar y Public in and for Dubuque County, Iowa.
MARY K. WESTER'rli
ii Cr.,r o iobl0l I!id C9t