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Annexation Request_C3 Investments Knepper AdditionMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Annexation Request -- Lot 3 Knepper Addition DATE: July 2, 2012 Dubuque bierd All-America City 1 2007 Planning Services Manager Laura Carstens recommends City Council approval of the voluntary annexation request of C3 Investments Trust for 0.063 acres of property on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivision, legally described as Lot 3 of the Final Plat of Knepper Addition. 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 Teri Goodmann, 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 — Lot 3 Knepper Addition DATE: June 29, 2012 Dubuque 2007 INTRODUCTION This memorandum transmits the attached application for voluntary annexation from C3 Investments Trust for 0.063 acre of property on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivision, legally described as Lot 3 of the Final Plat of Knepper Addition. A resolution and related materials are attached. DISCUSSION The request is intended to facilitate the consolidation of residential property to a contiguous commonly held parcel for a new home site that was annexed in 2010. The annexation is in conjunction with rezoning to City R -1 Single - Family Residential District. The adjacent property in the City limits is zoned R -1 and R -3 Moderate Density Multi - Family Residential District. The Zoning Advisory Commission's recommendation on the rezoning will be forwarded to the City Council for a public hearing on July 16, 2012 concurrent with the annexation public hearing. The subject parcel is in Area I of the 2006 -2007 Annexation Study, and ranked in the second highest category in the Comparative Analysis. The Knepper annexation is not within the urbanized area (Le., within two miles) of another city. Therefore, approval of the annexation is made by the City Council after a public hearing. Upon approval, the annexation request will be filed with Dubuque County and the Secretary of State. ACTION STEP Staff recommends that the City Council approve the annexation, as it is consistent with the City's Comprehensive Plan and the Annexation Study. Attachments cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager Don Vogt, Public Works Director Mark Dalsing, Police Chief Dan Brown, Fire Chief F:\ USERS \LCARSTEN \WP\Annex \Knepper Annexation 2012 \Knepper annexation 2012 Staff memo.doc 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. 199 -12 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, C3 Investments Trust, the property owner, has submitted a written application for voluntary annexation of approximately 0.063 acre of land 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 State or 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 2 199 - 12 Section 1. That the application of C3 Investments Trust, the property owner, for voluntary annexation of approximately 0.063 acre of land of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 3 of the Final Plat of Knepper Addition, Section 2, Township 88N, Range 2E of the 5th P.M., Dubuque County, Iowa is hereby approved for annexation to the City of Dubuque, Iowa. Section 2. 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 0.063 acres of annexation territory as shown on Exhibit A. Section 3. 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 4. 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 5. 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 15th day of July, Attest: 79 F:\ USERS \LCARSTEN \WP\Annex \Knepper Annexation 2012 \Knepper annexation 2012 resolution.doc 2012. oD. Buol, Mayor O'CONNOR (6-- THOMAS, P.C. ATTORNEYS & COUNSELORS AT LAW (t. 1840 May 29, 2012 Laura Carstens City of Dubuque Planning Services 15 W. 13th Steet Dubuque, Iowa 52001 -4864 MAY 30 2012 GI � Y OF i,,.;. .1ryuc 1 RE: ANNEXATION APPLICATION FOR LOT 3 OF THE FINAL PLAT OF KNEPPER ADDITION Dear Ms. Carstens, Please find enclosed a completed Planning Application Form requesting annexation and rezoning of Lot 3 of Final Plat of Knepper Addition, the Plat of which is attached hereto. Could you please advise concerning the expected length of the annexation and rezoning process after you have had a chance to review the enclosed application? Thank you in advance for your assistance. Best regards, O'CONNOR & THOMAS, P.C. Davin C. Curtiss DCC /dmh Enclosure Davin C. Curtiss 1 ext. 250 1 dcurtiss@octhomaslaw.com Roshek Building 1 700 Locust Street, Suite 200 1 Dubuque, Iowa 52001 1 Phone 563.557.8400 1 Fax 563.556.1867 JOHN C. O'CONNOR RICHARD K. WHITTY PAUL J. SIGWARTHt BRENDAN T. QUANN STEPHEN C. KRUMPE *t PETER D. ARLING * §t A. JOHN ARENZ t$ JAMES E. GOODMAN, JR. * I JOSHUA P. WEIDEMANN CHAD C. LEITCH * DAVIN C. CURTISS *t CHRISTOPHER C. FRY All attorneys licensed in Iowa 1 * Also licensed in Illinois] t Also licensed in Wisconsin 1 § Also licensed in Minnesota $ Certified in Civil Trial Advocacy by National Board of Trial Advocacy 1 I Also licensed in U.S. Tax Court GREG A. REHMKE STEPHANIE R. FUEGER *t THOMAS S. COLLINS, OF COUNSEL THE CITY OF Dusk Masterpiece on the Mississippi ❑Variance ❑Conditional Use Permit DAppeal ❑Special Exception ❑Limited Setback Waiver ❑Rezoning /PUD Dubuque rur 2007 PLANNING APPLICATION FORM ❑Preliminary Plat ['Major Final Plat ❑Minor Final Plat ❑Simple Site Plan ❑Minor Site Plan ['Major Site Plan ❑Simple Subdivision ['Text Amendment ['Temporary Use Permit Annexation ['Historic Revolving Loan ❑Historic Housing Grant Please type or print legibly in ink Property owner(s): C3 Investments Trust Address: 700 Locust Street, Ste. 200 City: Dubuque Fax #: 1- 563 - 556- 1867Ce11 #: N/A E -mail: Applicant /Agent: Trustee, Davin C. Curtiss Address: 700 Locust Street, Ste. 200 City, Dubuque Fax #: 1 -563- 556- 1867CeIl #: N/A E -mail: Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 planninccityofdubuque.org ['Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ['Demolition in Conservation District ❑Port of Dubuque Design Review Phone: 1 -563- 557 -8400 State: IA Zip: 52001 dcurtiss@octhomaslaw.com Phone: 1- 563- 557 -8400 State: IA Zip: 52001 dcurtiss @octhomaslaw.com Site location /address: Lot 3 of Final Plat of Knepper AdditioNeighborhood Association Existing zoning: Agr. Proposed zoning: Res District: Landmark: ❑Yes ❑No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Lot 3 of Final Plat of Knepper Addition (attached) Total property (lot) area (square feet or acres): .063 acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Consolidation of residential property to contiguous, commonly held parcel. CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): C3 Investments Trust, by Date: Zc1k) Z Applicant /Agent(s): Davin C. Curtiss, Trustee Date: May 29, 2012 O'Coruanr & Thomas P C FOR OFFICE USE ONLY Fee: Received by: Date: Docket: Z W N C7 Q 1- t(( PREPARED BY: BUESING & ASSOCIATES, 1212 LOCUST ST, DUBUQUE, IA 52001, PH. 563 -556 -4389 Final Plat of: Knepper Addition, Dubuque County, Iowa Comprised of: Lot 2 of the S1/2 of the NW FrOctionol 1/4 and the NE1 /4 SW1 /4 (excluding Lot 1 of the NE1 /4 SW1 /4), all of Section 2, T88N, R2E of the 5th P.M., Dubuque County, lowo DETAIL NQ -SCALE car (0.27 L01 IB LOT 3 0.063 ACRES T I M B E R - H Y R S T E LOT 4 STA, ______ T E s 2 LOT2 _OT 3 53'46 LOT 3 OF 114E 51/2 OF THE NW FRACTIONAL 1/4, 5EC110N 2. Teas, 82E FOUND 5CU 0 114E W1 /4 OF SECDON 2. 1888, 02E N 89'00'52• E 49.67' 1306,47' 1/4 SECnON UNE 1 1 N 89'00'52' E 2612.9512612.95') N P1 PLACED 5/e• IRON HEROD TN/ORANGE PLA511C CAP MARKED KOETKER 1548)' 0 THE NW CORNER OF IllE 11E1 /4 511/4, 5EGnON 2, 15871. 026 0' 100' 200' SCALE 1' = 200' 400' 1041 /4 570/4, 5001105 7, 0088, 132E 101 5 300.461300.41') N i5o 54 S 89'00'52' W 110.58'(110.63') N 1210'57' W 24.76124.76') 4 511/1. LO1SajriONN2, ISBN. 920 N'` 40 n m PLACED 5/8' 1404 6E605 17/ORANGE P1A5110 CAP 88710 'KOELKER 13487' 0 714E SW CORNER OF THE NEI /4 581/4, SECTION 2. 1868. 621 .93 15 N 21'57'56' E 44.11' N 21'57'56' E 26.38' DETAIL NO -SCALE 15.10' W 2 1/4 1/4 SECTION UNE LOT 1 36.690 ACRES 66) N 89'00'52' E 830.67' I/O 550 71 ati 321E ACCESS FOR LOT 1 OF KNEPPER ADDITION SHALL BE ACROSS THE SE1/4 5121/4 OF SECTION 2, T88N R2E TO KNEPPER LANE F007.0 1/2' ROD 8/00110, CAP' 04417 (41111.1(41111.1.55 155 101111E8) 0 3900' NORTH OF THE C(111ER OF 5CC10N 2, 7688, 92E LOT 2 2.949 ACRES ACCESS FOR LOT 2 OF KNEPPER ADDITION SHALL BE ACROSS LOT 7 OF KNEPPER ADDITION AND THE SE1 /4 581/4 OF 5ECTICN 2, 18824 R2E TD KNEPPER LANE CE. ER 6 5EC1,55 2. 7588 926 11110 5 AN ASSUMED BEARING FOR THE PURPOSES CF THIS SURVEY ONLY. 39.00' (391) \\.. 7.-ACED 5 /e' 1071 NEROO W /001406 111*51O CAP VAitEO •4P_�4ER I5 *67' D =E EE 2e -VCR OF --E EI, A 5'AI /4. 3 SEC'S,. _ . 7. -_ 1120 LEGEND • • f4 FOUND STANDARD CONCRETE UD81117EN6 (5C11) FOUND 5/6' ROD IV/ORANGE CAP 815487 FOUND 5/8• ROD W /YELLOW CAP !4010 FOUA'0 1/2' ROO 17/YELLOW CAP )14417 FOUND 5 /4' 000 W/YELLOW CAP 44850 1031(3 5/8' 16011 81800 0/000IIGE = 1,151,3 CAP UARKEO 'KDEIFK8 15487' SURVEYED BOUNDARY LANE PROPERTY LINE --- CENTER LINE RICK 02 WAY 6E0080 0156552011 5 80607'31' W 1312 95' 5E1 /4 581/4, SECTION 2. T88N, 92E NOTES_ I. ALL UEASUREUENIS ME V FEET AND DECI41815 THEREOF. 2 PROPR,ETOR OF LOT 2 OF 111E 52/2 OF OIE 7114 FRACTIONAL I/O AND NNE NE1 /4 SAO /4. (EJ(CLU0.N0 LOT 1 OF 106 11E1/4 5W1 /4), ALL Cr 31000• 2. 26814, R261 JOHN L 071EPPER, 2873 170657500 CT, OU80004, IOWA 52003. 3, SURVEYED REQUESTED OY: 13 1N0ESIUENIS TRU$I 4 10411 AREA SURVEIEO 15 39702 ACRES. 5. OOS PUT 15 5184[01 0 ALL EA5(4EN15 Of 4E0060 A':D NOT Or RECORD 20218) SCU 0144E 51/4 02 5ECNON 2, 1858, 021 HEREBY CERTIFY 04■1 MIS LAND SURYEWNC DOCUUDIT WAS PREPARED AND 7141 RELATED SURVEY WOR7 WAS PENTPRl1ED eY UE OR UNDER 07 LVRECT PERSONAL SUPER7005 AND THAN I AU A DULY I ICENS , ANTI 5UR +.(( UNDER THE �/- L/ /A�)FJ1 11E / /5141C A1C OF 100A. TRRY ATE LICEN56 UUBER 15487 1.16 LICENSE RENEWAL DATE 15 DECEMBER 31, 2011 511([05 COYFRED BY 1515 SEAL : S1E015 1 11 2 aUESIINNG MIA.. ANTI 511.670R5 1212 LOCUS' 5 556 ggWUE 18 ANN 441 ,CN CPE64E0 952' 1L T 6,150 0011' 3/30/10 2102 92.76:12/15/11 5AC. 50. 101(7 -23 SCALE: 1 SHEET 1 OF 4 Sheet 2 of 4 Surveyor's Certificate I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 2 of the S1/2 of the NW Fractional 1//4 and the NE1 /4 SW1 /4 (excluding Lot 1 of the NE1 /4 SW1 /4), all of Section 2, T88N, R2E of the 5th P.M., Dubuque County, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as KNEPPER ADDITION, Dubuque County, Iowa. Total area of KNEPPER ADDITION is 39.702 acres. Total area of LOT 1 is 36.690 acres. Total area of LOT 2 is 2.9490 acres. Total area of LOT 3 is 0.063 acres. All Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights -of -way of record and not of record, the plat of which is attached hereto and made a part of this certificate. BY:C -71,7. / ///. b/ Terry L. Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Date: 12/31/11 OWNER'S CERTIFICATE dr)/ Dubuque, Iowa 2.% 2011 The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. State of Iowa ) County of Dubuque ) ss: On this eV day of seat , AD 2011, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared John L. Knepper, to me personally known, who, being duly sworn did say that said appeared John L. Knepper acknowledged the executio of said instrument to be their • •luntary act and deed voluntarily executed. ohn L. Kneppe Witness my hand and Notarial Seal on the date above written. Dubuque, Iowa Notary Public in and for the State, of I Attorney's Certificate eon-nest/on est /are TO WHOM IT MAY CONCERN: This will certify that I have examined the : •stract the NE1 /4 SW1 /4 (excluding Lot 1 of the Dubuque County, Iowa covering the period fro c 2011 of title oyLot 2 of the S1 /2 of the NW Fractional 1/14 and ), all of Section 2, T88N, R2E of the 51h P.M., overnment entry to that date by Sheet 2A of 4 ATTORNEY'S CERTIFICATE J%NUVitti% Z/5- , 2012 Dubuque, Iowa TO WHOM IT MAY CONCERN: This will certify that I have examined the abstract of title covering: The North East 1/4 of the South West 1/4, EXCEPT Lot 1 thereof, and Lot 2 of the South ''A of the North West 1/4, all in Section 2, Township 88 North, Range 2 East of the 5'h P.M., in the City of Dubuque, Iowa, according to the recorded Plat and United States Government Survey thereof. covering the period from root of title to January 12, 2012 at 8:00 a.m. certified on that date by Abeln Abstract & Title Company and we find that said abstract shows good and merchantable title in John L Knepper; and American Trust & Savings Bank, as Trustee of C3 Investments Trust Agreement dated August 15, 2011, pursuant to Warranty Deed, filed with the Dubuque County Recorder on September 29, 2011, as Instrument No. 2011-13945. free and clear of all liens and encumbrances and shows taxes for first half fiscal year July 1, 2010 - June 30, 2011 and all prior years paid. / ?at.. • es E. Goodm• •, 4r., Attorney at Law O'Connor & The as, P.C. 700 Locust St., Ste. 200 Dubuque, IA 52001 (563) 557 -8400 Phone JEG/kmp Sheet 2B of 4 OWNER'S CONSENT Dubuque, Iowa hi,u-4611 ZG , 2012 The foregoing plat of Knepper Addition in the County of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. C3 INVESTMENTS TRUST AGREEMENT DATED AUGUST 15, 2011 1-, By: C %CC C _)C7�`" l /) Davin C. Curtiss, as Trustee STATE OF IOWA COUNTY OF DUBUQUE This instrument was acknowledged before me on 3 f /-t4 IL7 26, 2012 by Davin C. Curtiss, as Trustee of the C3 Investments Trust Agreement dated August 15, 2011. (Insert Stamp or Seal) JAMES E. GOODMAN, JR. Commission Number 147822 My Comm. Exp. 7.7/ -7t- Notary Public i for said State Sheet 3 of 4 County Treasurer's Certificate Dubuque, Iowa ;>C- 201,, I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa do hereby certify that all taxes levied against Lot 2 of the S1/2 of the NW Fractional 1114 and the NE1 /4 SW1 /4 (excluding Lot 1 of the NE1 /4 SW1 /4), all of Section 2, T88N, R2E of the 5th P.M., Dubuque Iowa have been paid and said real estate is free from taxes as of this date. Treasurer of Dubuque Co County Assessor's Certificate Dubuque, Iowa a 20a The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa was entered of record in the Office of the County Assessor of the County of Dubuque, Iowa, on the date first written above. Dubuque, Iowa ba.1 if Satia' - County Assessor of Dubuque County City of Dubuque Zoning Advisory Commission A1,. or ( 2011 The foregoing Final Plat of: KNEPPER ADDITIO , D .uque County, Iowa was reviewed and approved by the City of Dubuque Zoning Advisory Commission the at fi n above. 1tCC' airperson, t of aubuque Zoning Advisory Commission City of Dubuque Planning Services Dubuque, Iowa vW. 2-1 2011 The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa is hereby approved by City Planner of the City of Dubuque, Iowa and approval of said plat by the City Council of the City of Dubuque is hereby recommended. Planning g Se By: V C2ukQ-t City Planner of the City of Dubuque, IA City of Dubuque, Iowa Dubuque, Iowa �jl� / 2011 The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa and all easements shown to the public, as appears heretofore has been filed in the office .f the City Clerk of Dubuque, Iowa and that by Resolution No. 379 -11 the City Council of the City oj'Jubuque, Iowa approves said plat. Clerk of he City o Dubuque, IA Dubuntie Cnunty Health Affircr County Engineer Certificate Dubuque, Iowa Sheet 4 of 4 2- 3 2012 The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa was reviewed and approved by the Office of the County Engineer of Dubuque County, Iowa, on the date first written above. /4 ounty Engineer of Dubuque County, Iowa Bret Wilkinson, P.E. Plats Officer Dubuque, Iowa - i-.14ae 71 2011 I, the undersigned, Anna O'Shea, Dubuque County Plats Officer, have reviewed and examined for compliance with the Dubuque County Platting and Subdivision Ordinance the KNEPPER ADDITION, Dubuque County, Iowa and have found said plat to be acceptable. Anna O'Shea, Dubuque County Plats Officer Dubuque County Zoning Commission Dubuque, lowa 4/ 0 2012. The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa is hereby approved by the Dubuque County Zoning Commission and approval of said plat bathe Dubuque County Board of Supervisors is hereby recommended. Dubuque, Iowa DuI$ique Co Zoning Commission, Chairperson Dubuque County Board of Supervisors o� -- 0 `7 2012. The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa has been filed in the office of the County Board of Supervisors and that by Resolution No. /. -6 `f `/ the Dubuque County Board of Supervisors have reviewed and approved said plat. ATTEST: `ma , c , Denise M. Dolan County Auditor of Dubuque Courity, Iowa Dubuque, Iowa Chairperson County Auditor's Certificate , 2012. The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa was entered of record in the Office of the Dubuque County Auditor this day of , 2011. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque, Iowa LEGAL DESCRIPTION AND PLAT OF ANNEXATION LOT 3 OF THE FINAL PLAT OF KNEPPER ADDITION Section 2, Township 88N of the 5th P.M. Knepper Annexation City Limits Base Data Provided by Dubuque County GIS Path. H: \Planning Services \Vicinity Maps VAC Vicinity Maps \projects \Knepper Annexation Map 06_18_12.mxd Prepared by: Laura Carstens City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin S. Firnstahl City Clerk Address: City Hall- 50 W. 13(h St Telephone: 589 -4121 RESOLUTION NO. 379 -11 RESOLUTION APPROVING THE FINAL PLAT KNEPPER ADDITION IN THE CITY OF DUBUQUE, AND DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk the Final Plat Knepper Addition in the City of Dubuque, and Dubuque County, Iowa; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1, Lot 2 and Lot 3 on a public street or approved private street and 2,744 square feet of lot area for Lot 3, where 50 feet of frontage and 5,000 square feet of lot are required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 1, Lot 2 and Lot 3, and 2,744 square feet of lot area for Lot 3. Section 2. That the Final Plat Knepper Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Attest: Passed, approved and adopted this 21st day of J November 2011. �. / ///� % %�A Kevin ' irnstahl, Cit " Cler Roy D. uol, 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 1 have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 379 -11 is a correct copy of the original Resolution No. 379 -11 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 21st day of November, 2011. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 22nd day of November, 2011. City Clerk RESOLUTION Board of Supervisors a WHEREAS, there has been presented to the Dubuque County ADDITION, comprised of Lot 2 of the S1/2 of the NW Final c Plat of Survey for I/4 SW ER AD Lot 1 of the NE1 /4 SW 1o4)all in Section 2, excluding Dubuque County, Fractional `/a and hthe PM, Tab 1MoundTownship, T88N R2E of the 5th PM, lots, namely Lot 1, Lot 2 and Lot 3 of Knepper said plat will create three (3) tie County, Iowa; and WHEREAS, Dubuque tie and Addition in Section 2, Table Mound Township, the City of Dubuque WHEREAS, said final plat has been examined and approved by the City of Dubuque Planning and Zoning Department; and tie County Planning and Zoning Dubuque Engineer, Planning and Zoning County WHEREAS, said plat has been examined by ue County Commission, Dubuque County Board of Health, Dubuque approval and Dubuque County Plats Officer and has their app' l and endorsed thereon; and ervisors of Dubuque WHEREAS, said plat has been examined by the Board of Sup rdinances County, Iowa, and they find the same conforms to the statutes and other regulatory and resolutions. by the Board of Supervisors of Dubuque NOW, THEREFORE, BE IT RESOLVED, " Conservancy, "A 1 "> Agricultural County, Iowa: t 1", Agricultural of 1. and "R-2" " Single l described property is within the thus , and "R -2" Single Family Residential districts, thus subject to all the requirements 2. That the above districts. described plat exson of the lat be and is hereby approved and the Chairp Board of Supervisors pervisors is authorized and directed to endorse the approval of Dubuque CountY, Iowa upon said plat. SSED, ADOPTED AND APPROVED by the Dubuque County Board of Supervisors on this PA 27`" day of February, 2012. l�= ATTEST: Mona Manternach, Deputy Dubuque County Daryl K1' , Chair Board of Supervisors 1900 1894 Z^ / f ` : ) Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4805 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org C3 Investments Trust Trustee, Davin C. Curtiss 700 Locust Street, Ste 200 Dubuque IA 52001 THE CITY OF DUB Masterpiece on the Mississippi RE: City Council Public Hearing — Rezoning Request Dear Applicant: Dubuque kritid All-America City 11 1 1 1 2007 July 6, 2012 The City Council will consider your request to rezone property located south of Creek Wood Drive (Lot 3 of Final Plat of Knepper Addition) at a public hearing on Monday, July 16, 2012. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork NOTICE OF PUBLIC HEARING The Dubuque City Council Will hold a public hearing on a voluntary annexation request for Lot 3 of the Final Plat Knepper Addition on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivi- sion. The request is to voluntarily annex approximately of 0.063 acre of private property concurrent with rezoning. The public hearing will be held: DATE: Monday, July 16, 2012 TIME: 6:30 p.m. PLACE: Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, 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 3 of the Final Plat Knepper Addition, Section 2, 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. Kevin S. Firnstahl City Clerk It 6/24 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: June 24, 2012, and for which the charge is $15.46. (-4,1,rte_Pule Subscribed to before me, . stary Public in and for Dubuque County, Iowa, this ct2 day of , 20 i 2—' . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER 1 Commission'lumher 154585 }l F ". .i.�- ..901. MATT SCHULTZ SECRETARY OF STATE September 18, 2012 Kevin S. Firnstahl City Clerk City of Dubuque 50 W. 13th St. Dubuque, IA 52001 Re: Resolution #199 -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. Feel free to contact me with any questions or concerns. Mar 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 I/II/II/I//III///III//II///IIII/I//I/I/I/IIII//III///II//II///iiiiiii/i/iiiiiiii 1111 11111 1111 1111 Doc ID: 007512770005 Type: GEN Kind: ANNEXATION Recorded: 10/12/2012 at 03:18:01 PM Fee Amt: $27.00 Page 1 of 5 KathyuFlynnnThurlow Recorder Fi1e2012_00018299 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. 199 -12 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, C3 Investments Trust, the property owner, has submitted a written application for voluntary annexation of approximately 0.063 acre of land 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 State or 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: 017,00 Resolution No. Page 2 199 - 12 Section 1. That the application of C3 Investments Trust, the property owner, for voluntary annexation of approximately 0.063 acre of land of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 3 of the Final Plat of Knepper Addition, Section 2, Township 88N, Range 2E of the 5th P.M., Dubuque County, Iowa is hereby approved for annexation to the City of Dubuque, Iowa. Section 2. 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 0.063 acres of annexation territory as shown on Exhibit A. Section 3. 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 4. 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 5. 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 July, Attest: Vii id Kevin + Firnstahl, ityferk 7fi 2012. 44-1 D. Buol, Mayor F: \USERS \LCARSTEN \WP\Annex \Knepper Annexation 2012 \Knepper annexation 2012 resolution.doc STATE OF IOWA CERTIFICATE of the CITY CLERK 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. I do further state that the hereto attached Resolution No. 199 -12 is a correct copy of the original Resolution No. 199 -12 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 16th day of July, 2012. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 24th day of August, 2012. e in S. Firnsta I, C. LEGAL DESCRIPTION AND PLAT OF ANNEXATION LOT 3 OF THE FINAL PLAT OF KNEPPER ADDITION Section 2, Township 88N of the 5th P.M. LOCATION MAP City of Dub-:ue Legend • uI- KnepperAnnexation City Limits Base Data Provided by Dubuque County GIS Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps\projects\Knepper Annexation Map 06_18_12.mxd MATT SCHULTZ SECRETARY OF STATE September 18, 2012 Kevin S. Firnstahl City Clerk City of Dubuque 50 W. 13th St. Dubuque, IA 52001 Re: Resolution #199 -12 OFFICE OF THE IOWA SECRETARY OF STATE LUCAS BUILDING DES MOINES, IOWA 50319 Dear Mr. Firnstahl, 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. I Mar osim Deputy -Iowa Secretary of State's Office 321 E. 12th Street Des Moines, IA 50319 515 -281 -5866 marv.mosiman(a 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 sos.iowa.gov