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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 0 N C c cc� t- In (`, T D • r `'? 0 rn i; ,, CD ca 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 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 4'G ILA Am tGt inch ii Chp�1toPha eo F P IJ i (9ir ko he dA'a t `t �htta I Ca0nttl. %� r aagimd The wgie,ojrrwsc4tiwItht t4fr `ce,R¢s ftoitna' ghVey Commission Cetharina CwChristophereon and r I + forth terc404dwr-tlhr(th SCes Gases i°44 t' s error/ pf lend. loaeted n tea jtti 1A of soot,° 2, ?Inaao n he Npptgt+ 1; Range 2 Eset afrthg 5th Pt M , Lub44lft 9ounty iowa 3. Ina on the Hest ) aide o2 part :cS tee Following des r.bed oene fore of Na7,00ated 2rtmars„ r, Read Np, eh • eh 6l ee stews on Cffl0ial plans for, prpjeo, F j0l♦ x pi ISt4 • ,4i lehrN +f.,,= ;t nrbi 'p penterinta Ott Nalooated FPI-V lb ;read Np ou g ` 61, designated by stationer re Oto Yost' apart necearee consort! , al13 from south to .1 /' A woot described 'aa folkpnai o aeginningtat sta, 692Nye t!or point tho l feat hest or the 7t 1 /µ +copner a oald ,5e00.an.12, otreOj npreree is noayeoff.` testae eeuthetan gent t fget alangtn9919.0 ft <rati. 95+39:. . -theye apetarla std .enfant to ns'.4 gearce,apyree ,:leave southeaster th0noet8P ..: southerly 1ow1n foot along 4 gpirelhour9e, gent or 106,6Broot, a end .sages{ tothe fallow tegFat rating a la Prt Lpngeot of 151 t fast, along ;t x dngcnt :1323. 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'line+ 69 feet hadiall,P distant Hesterlg: nos and oonaentrlo Hith,;,�p1,d aehtex!llner n + f r x r !t Said paroal abr♦teine 0 Nets `,t�he sQrtfie line pf`kha Nil �,fl��p $eats geoymeli La has+ $p. gad W @ati" -Direct eoeesa:between Net doatsd F1mepV`Road No:: A,;st t6t� d the t?64vb -deporrna1 par)es}, ie prohibited &OL'xatommeroiall 1oa �d0e1r7,1t Ported on tut prebarear} o ortEq etat egislatl ia,6 Q W' itows std aerebe a 0PPedrh th a mutnatf' 'L&avern E Nhiletop toperaono on 1^t' is teed2.Ia(eg wog; t eatment p1ode 7+t .&mjtue, nsightl .tomes, aahmentel'i9;a.q' I ,` colts aewpee treernet�t de.'oV gr.ep.geer unpightly estenkiahmenta wi1T not fl conbinbed to rarerep ei4a loi' h hofrt e} ' '? x ' t. phrietE. arson:. dh :wean ,{ pt' ie her3v� 0 ChMeto hereon sad 2nVern $' +_ pr pq Oe� �H 0 V e P4 e e 9 a e6 9 , I y nflt, pool 3 sent $�, Cpael 7w S°Jgt •. /°Ipgx aKp�eOt o Lyn. or sop inn)30 p'} 9&di of fthc,sx}Rpgr t{ , 7 sj SY f I s, rest9 , T±,a{1hyuthci b! loZ+nxvv*kd,11 %teanand° td e4%Idaty 1Mtro..t t'jrel, d w IRt [-.ditberino O;CChp1ntop drama, LtVeedE. CIlAa pe'a,M, don and' t+nis toGhgaN Cet�becri,d ..s0hrkstapherebn and thVern E Chnietophsrbon rd I tees„ ei- it' .MJ4d reed olditod?/t0adoboaed.s1Je4.tot9vO tohodHb t> &ate fe ercu ,.. . 1 mdo �thSR theN vUlg� Nnmpnabu aan�d IP a�Nr. V: r... �CIF!4orine U. 9tr 9tpPfieroPPi�S$liYl 4ticriIC ?e. 4FRAn fFSAmHe4t!Mr r ' Hw of OVA Pm of Mot V>40$11hNe,Iat potent IYt MAGAAtiAt4014 1 1041600 0. iQukoun swt GoffoplleA4 t� 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