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Voluntary Annexation_Hwy 61/151 South of Technology ParkIUIINIIIIYIVI1111AIIIIII111IIIIIIII1111IY111I Doc ID 007705340008 Type: GEN Kind ANNEXATION Recorded: 06/07/2013 at 03:40:30 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00009531 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. 158 -13 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has submitted a written application for the voluntary annexation of approximately 167 acres of U.S. Highway 61/151 rights of way South of the Dubuque Technology Park 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. That the application of the City of Dubuque for voluntary annexation of approximately 167 acres of U.S. Highway 61/151 rights of way South of the Dubuque Technology Park, said territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as follows, is hereby approved for annexation to the City of Dubuque, Iowa: All of Iowa Department of Transportation rights of way acquired for U.S. Highway 151 and U.S. Highway 61 in Sections 13, 14 and 23, Township 88 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, more particularly described as follows: Commencing as a point of reference at the south line of the existing City limits of the City of Dubuque as it crosses the right of way of U.S. Highways 151 and 61 on the north line of the Northwest Quarter of Section 13, Township 88 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, said point being the point of beginning of the proposed annexation area; Thence southwesterly through Sections 13 and 14, T88N, R2E, 5th P.M. to a point of intersection with the northerly line of Section 23, T88N, R2E, 5th P.M.; Thence continuing south and southwesterly to points of intersection with the south and west lines of said Section 23, said south line being the south terminus of the annexation area, and said west line being the west terminus of the annexation area. 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 167 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 20th day of May, 2013. Attest: Trish L. Gleason, CMC, Assistant City Clerk F: \USERS \LCARSTEN \WP\Annex \US 61 -151 ROW\US 61 151 ROW annexation 2013 resolution.doc Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 158 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of May, 2013. Trish L. Gleason, CMC, Assistant City Clerk Annexation Area Legend NAME City of Dubuque Annexation Area Roads Parcels Document P t : :1PlannIng4. el•-viceslAnnexationAirpO)111RO,W ii I Masterpiece on fhe Mississippi ❑Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception ['Limited Setback Waiver ❑Rezoning /PUD /ID Dubuque ia ru ff 2012 PLANNING APPLICATION FORM ['Preliminary Plat DMajor Final Plat DMinor Final Plat ['Simple Site Plan ❑Minor Site Plan ['Major Site Plan Please type or print legibly in ink ['Simple Subdivision ❑Text Amendment ['Temporary Use Permit Annexation ['Historic Revolving Loan ❑Historic Housing Grant Property owner(s): Iowa Department of Transportation Address: 800 Lincoln Way Fax #: 515- 817 -6508 Cell #: City: City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563 - 589 -4221 planninoC@cityofdubuque.orq ❑Certificate of Appropriateness DAdvisory Design Review (Public Projects) ['Certificate of Economic Non - Viability ❑Historic Designation DDemolition in Conservation Districts ['Port of Dubuque Design Review Phone: 515- 239 -1101 Ames State: IA Zip: 50010 E -mail: Applicant /Agent: City of Dubuque Phone: 563 - 589 -4110 Address: 50 W. 13th St. City: Fax #: 563 - 589 -4149 Cell #• E -mail: citymorPcityofdubuque.org Dubuque State:Zip:52001 Site location /address: US 61/151 South of Tech Park Neighborhood Association: N/A Existing zoning: N/A Proposed zoning: AG District: N/A Landmark: ❑ Yes ® No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): See Attachment Total property (lot) area (square feet or acres): 16V Acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Annexation of highway right -of -way to facilitate extension of urban renewal district and City utilities for new terminal at Dubuque Regional Airport. CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. 2. 3. 4. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic materials are attached. Property Owner(s): Date: Applicant/Agent: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: Docket: MATT SCHULTZ SECRETARY OF STATE May 31, 2013 Kevin S. Firnstahl City Clerk City of Dubuque 50 West 13th Street Dubuque, IA 52001 -4805 Re: Resolution #158 -13 Dear Mr. Firnstahl, LUCAS BUILDING DD 50319 13 JUN -`i AN IQ: 51 OFFICE OF THE IOWA SECRETARY OF STATE City Clerk's Office Dubuque, IA 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, Chad Olse Deputy -Iowa Secretary of State's Office 321 E. 12th Street Des Moines, IA 50319 515- 281 -5866 chad.olsen( sos.iowa.gov Cc: Daniel Keller, Iowa Department of Transportation Cc: Matt Rasmussen, City Development Board Administrator Phone 515 - 281 -5204 Fax 515 - 242 -5953 sos.iowa.gov sos@sos.iowa.gov City Information: Name of City: Location in: State of Iowa City Annexation Worksheet City of Dubuque Dubuque County Dubuque's Description: II of Iowa Department of Transportation rights of way acquired for U.S. Highway 151 and U.S. Highway 61 in Sections 13, 14 and 23, Township 88 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa more •articularl described as follows: Commencing as a point of reference at the south line of the existing City limits of the City of Dubuque as it crosses the right of way of U.S. Highways 151 and 61 on the north line of the Northwest Quarter of Section 13, Township 88 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, said point being the point of beginning of the proposed annexation area; Thence southwesterly through Sections 13 and 14, T88N, R2E, 5th P.M. to a point of intersection with the northerly line of Section 23, T88N, R2E, 5th P.M.; Thence continuing south and southwesterly to points of intersection with the south and west lines of said Section 23, said south line being the south terminus of the annexation area, and said west line being the west terminus of the annexation area. Annexation Information: Annexation Resolution #: 158 -13 Estimated population of Annexed Territory: 0 Assigned to Precinct: One Assigned to Ward (if applicable): First Signed: t �,�� �,5� Date: May 24, 2013 Printed Name: Trish L. Gleason Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Annexation of Highway 61/151 South of Technology Park DATE: May 8, 2013 Dubuque kital All- America City II 111! 2012 Planning Services Manager Laura Carstens recommends City Council approval of the City's voluntary annexation request for 167 acres of the public rights -of -way of Highway 61/151 from the Technology Park south to the Highway 61/151 interchange. This annexation will facilitate extension of an urban renewal district along the highway to the Dubuque Regional Airport, which will in turn facilitate the extension of City utilities to the new Airport terminal. As TIF revenues are partially funding these utility extensions, there will be a subsequent City Council agenda item to expand the Dubuque Technology Park Urban Renewal District. I concur with the recommendation and respectfully request Mayor and City Council approval. kri,„ 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 C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager `-g61C--' SUBJECT: Annexation of Highway 61/151 South of Technology Park DATE: May 7, 2013 Dubuque All America Cily '111L 2012 Introduction This memo transmits a voluntary annexation request for Highway 61/151 South of Technology Park on the south side of the City of Dubuque. The application, a resolution, maps, and other supporting documents are attached. Discussion The request is to voluntarily annex approximately of 167 acres of the public rights of way of Highway 61/151 from the Technology Park south to the Highway 61/151 interchange as shown on the attached maps. This annexation will facilitate extension of an urban renewal district along the highway to the Dubuque Regional Airport. This urban renewal extension in turn will facilitate the extension of City utilities to the new Airport terminal. Iowa Code allows a city to annex State highway rights of way subject to prior notification of the Iowa Department of Transportation, the Iowa Attorney General's Office, and the Dubuque County Board of Supervisors. The legal description has been verified by the Dubuque County Auditor's Office in accordance with Iowa Code. Recommendation Planning Services staff recommends that the City Council approve the City's voluntary annexation request for Highway 61/151 rights of way South of the Technology Park, to facilitate extension of City water and sewer services to the Dubuque Regional Airport. Attachments cc: David Heiar, Economic Development Director Gus Psihoyos, City Engineer Bob Grierson, Airport Manager F:WSERS\LCARSTEN\WP\Annex \US 61 -151 ROW\Statf Memo Annex US 61 -151 ROW Rec.doc THE CITY 0 Dui Dubuque httzt E ur+roesu� ''III Masterpiece on the Mississippi 2012 ❑Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception ['Limited Setback Waiver ❑Rezoning /PUD /ID PLANNING APPLICATION FORM ❑Preliminary Plat ❑ Major Final Plat ['Minor Final Plat ❑Simple Site Plan ['Minor Site Plan ❑ Major Site Plan Please type or print legibly in ink Property owner(s): ❑Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ®Annexation ['Historic Revolving Loan ['Historic Housing Grant Iowa Department of Transportation Address: 800 Lincoln Way Fax #: 515- 817 -6508 Cell #: Applicant /Agent: City of Dubuque Address: 50 W. 13th St. City: Ames City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563 -589 -4210 Fax: 563 -589 -4221 pla n n i ng ©citvofd u bug ue.orq ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑ Certificate of Economic Non - Viability E Historic Designation ❑ Demolition in Conservation Districts ❑ Port of Dubuque Design Review Phone: 515- 239 -1101 State: IA Zip: 50010 E -mail: City: Dubuque Fax #: 563 -589 -4149 Cell #: E -mail: Phone: 563 -589 -4110 citvmar@ citvofdubugue.org State:Zip:52001 Site location /address: US 61/151 South of Tech Park Neighborhood Association: N/A Existing zoning: N/A Proposed zoning: AG District: Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): 169 Acres N/A Landmark: ❑ Yes ® No See Attachment Describe proposal and reason necessary (attach a letter of explanation, if needed): Annexation of highway right -of -way to facilitate extension of urban renewal district and City utilities for new terminal at Dubuque Regional Airport. CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. 2. 3. 4. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic materials are attached. Property Owner(s): Applicant/Agent: Date: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: Docket: , / - ji\;_ /- : H:\Plarring ,7 ServiceslAnnexatioripkirpbtaROW ap.mkid,/ 7 7 -7/ ; 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. 158 -13 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has submitted a written application for the voluntary annexation of approximately 167 acres of U.S. Highway 61/151 rights of way South of the Dubuque Technology Park 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. That the application of the City of Dubuque for voluntary annexation of approximately 167 acres of U.S. Highway 61/151 rights of way South of the Dubuque Technology Park, said territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as follows, is hereby approved for annexation to the City of Dubuque, Iowa: All of Iowa Department of Transportation rights of way acquired for U.S. Highway 151 and U.S. Highway 61 in Sections 13, 14 and 23, Township 88 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, more particularly described as follows: Commencing as a point of reference at the south line of the existing City limits of the City of Dubuque as it crosses the right of way of U.S. Highways 151 and 61 on the north line of the Northwest Quarter of Section 13, Township 88 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, said point being the point of beginning of the proposed annexation area; Thence southwesterly through Sections 13 and 14, T88N, R2E, 5th P.M. to a point of intersection with the northerly line of Section 23, T88N, R2E, 5th P.M.; Thence continuing south and southwesterly to points of intersection with the south and west lines of said Section 23, said south line being the south terminus of the annexation area, and said west line being the west terminus of the annexation area. 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 167 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 20th day of May, 2013. Attest: Trish L. Gleason, CMC, Assistant City Clerk C F: \USERS \LCARSTEN \WP\Annex \US 61 -151 ROW\US 61 151 ROW annexation 2013 resolution.doc Roy D. Buol, Mayor NOTICE OF PUBLIC, HEARING The Dubuque City Council will hold a pub- lic hearing on a volun- tary annexation 're- quest for Highway 61/151 South of Tech- nology Park on the south side of the City of Dubuque. The re- quest is to voluntarily annex approximately of 168 acres of the pub- lic rights of way of Highway 61/151 from the Technology Park south to the Highway 61/151 interchange. The public hearing will be held: DATE: Monday, May 20, 2013 TIME 6:30 p.m. PLACE: City Council - Chamber, Historic Fed- eral Building, 350 W. 6th Street, Dubuque, Iowa At the public hearing, all intefested parties may present oral and written comments re ; garding the proposal. Any visual or hearing impaired persons F. needing special assis- tance or persons with special accessibility needs should contact the City Clerk's. Qffice. at (563) 589 -4120; or TDD '(563) ,690 -6678 at least 48 hours prior to . the meeting. - The legal description of the proposed annex ation follows:. All of Iowa' Depart- ment of Transportation rights of way acquired for U.S. Highway 151 and U.S. Highway 61 in Sections 13, 14 and 23; Township 88 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, . more particularly de- scribed as follows: - Commencing - as a point: of reference at the south line of the existing City . limits of the City of Dubuque as it crosses the right of way of U.S. Highways 151 and 61 on the north line of the Northwest Quarter of Section 13,1 Township 88 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, said point being the point of beginning of the proposed annexa- tion area; Thence southwesterly through Sections 13 and 14, T88N, R2E, 5th P.M. to a point of inter- section with the north - erly line of Section 23, T88N, R2E, 5th P.M.; Thence continuing south and southwest - erly to points of inter- section with the south and west lines of said Section 23, said south line being the south terminus of the annex- ation area, and said west, line being the west terminus of the annexation area. 1t 4/30 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: April 30, 2013, and for which the charge is $27.73. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, , 20 /3 this jalki day of Notary Public in an : for Dubuque County, Iowa. MARY K. WESTERMiEYER Commission Number 1548E5 " M Go al, Ex_ FEB, 9,2014