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Annexation_Truck Country 10785 Hwy 61/151_InitiateMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Annexation of Truck Country, 10785 U.S. Highway 61/151 DATE: October 25, 2013 Dubuque band AI- America City 1 2007 • 2012 • 2013 Planning Services Manager Laura Carstens recommends the City Council set a public hearing for December 16, 2013 on the voluntary annexation application from McCoy Family Properties for the voluntary annexation of territory south of the City, and generally located at Truck Country, 10785 U.S. Highway 61/151. This request will be subject to a pre- annexation agreement which will be provided at the public hearing. 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 Dubuque AII•AmericaCiN '111' 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager "8'bQJ SUBJECT: Annexation of Truck Country, 10785 U.S. Highway 61/151 DATE: October 25, 2013 Introduction This memo transmits a request to set a public hearing to consider a written application from McCoy Family Properties for the voluntary annexation of territory south of the city that includes Truck Country, 10785 U.S. Highway 61/151. The application, maps, a resolution, and other supporting documents are attached. Discussion The territory includes Truck Country's vehicle sales and service operations for new and used medium and heavy duty trucks, as well as truck and trailer commercial leasing and rental. Adjacent vacated street and alley rights -of -way are included in the request. State law requires the City to annex to the centerline of abutting County public rights -of -way. The applicant has requested rezoning to C -3 General Commercial concurrent with annexation. The rezoning will be considered by the City's Zoning Commission on December 4, 2013. The Commission's recommendation will be forwarded to the City Council for their December 16, 2013 meeting. Recommendation To facilitate this request, I recommend that the City Council adopt the attached resolution setting a public hearing for December 16, 2013 on the voluntary annexation application filed for Truck Country, 10785 U.S. Highway 61/151. This request will be subject to a pre- annexation agreement which will be provided at the public hearing. Attachments cc: Maureen Quann, Assistant City Attorney Bob Green, Water Department Manager Gus Psihoyos, City Engineer Maurice Jones, Economic Development Director Kyle Kritz, Associate Planner F:HSERS\LCARSTEN\WP1Annex\Truck Country \Staff Memo Annex Set PH Truck Country.doc EXHIBIT 1: LEGAL DESCRIPTION Lot 2 of McCoy Place and Lot 3 of the NW % all in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; Lot 2 -1 -1 -1 of the NW ' of Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of the NW %4 all in Section 12 Township 88 North, Range 2 East of the 5m P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; the vacated streets and alleys abutting said properties; and to the centerline of all abutting Dubuque County public rights -of -way. EXHIBIT 2: ANNEXATION MAP LEGEND 0 CITY LIMITS MCCOY FAMILY PROPERTIES EXHIBIT LOCATION MAP ANNEXATION AREA 1:95,000 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. 317 -13 RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has received a written application from McCoy Family Properties for the voluntary annexation of territory south of the city, and generally located at Truck Country, 10785 U.S. Highway 61/151; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory-does abut Dubuque County rights -of -way; 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 City's Comprehensive Plan; 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. 317 -13 Page 2 A public hearing will be held on the 16th day of December, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved and adopted this 4th day of Novemb r, 2013. Attest: !it %,/A ,, Firnstahl, City Clerk Kevin Roy D. Buol, Mayor F: \USERS \LCARSTEN \WP\Annex \Truck Country\Set hearing Truck Country annexation 2013 resolution.doc CITY OF DUBUQUE, IOWA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Dubuque City Council will hold a public hearing on a voluntary annexation request by McCoy Family Properties for the voluntary annexation of territory south of the city, and generally located at Truck Country, 10785 U.S. Highway 61/151. The public hearing will be held: DATE: Monday, December 16, 2013 TIME: 6:30p.m. PLACE: City Council Chamber, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa The legal description of the proposed annexation territory follows: Lot 2 of McCoy Place and Lot 3 of the NW Y. all in Section 12 Township 88 North, Range 2 East of the 51 h P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; Lot 2 -1 -1 -1 of the NW Y. of Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of the NW Y. all in Section 12 Township 88 North, Range 2 East of the 51 h P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; the vacated streets and alleys abutting said properties; and to the centerline of all abutting Dubuque County public rights -of -way. At the public hearing, all interested parties may present oral and written comments regarding the proposal. Copies of supporting documents for the public hearing are on file in the City Clerk's Office and may be viewed during normal working hours. Any visual or hearing impaired persons needing 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. It 11/15 O'CONNOR THOMAS,Pc. ATTORNEYS & COUNSELORS AT LAW Est. 1840 October 16, 2013 Ms. Laura Carstens Planning Services Manager Dubuque City Hall 50 W. 13th Street Dubuque, IA 52001 RE: McCoy Family Properties • Dear Laura: CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT VIA HAND DELIVERY Enclosed please find the original Petition for Annexation and Zoning. Please record the original and return a conformed copy to our office in the self - addressed, stamped envelope provided. If you have any questions or comments, please do not hesitate to contact the undersigned. Thank you. Sincerely, PDA/cls Enclosures P.C. Peter D. Arling 1 ext. 254 1 parlin¢@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. SIGWARTH t GREG A. REHMICE BRENDAN T. QUANN STEPHEN C. KRUMPE *t PETER D. ARLING *§'t STEPHANIE R. FUEGER *t A. JOHN ARENZ t1 JAMES E. GOODMAN, JR. * 1 JOSHUA P. WEIDEMANN * JEFFREY M. BECKERt CHAD C. LEITCH * DAVIN C. CURTISS *t CHRISTOPHER C. FRY f MCKENZIE R. FIILL* All attorneys licensed in lira 1 * Also licensed in Illinois' t Also licensed in Wisconsin 1 § Also licensed in Minnesota t Certified in Civil Trial Advocacy by National Board of Trial Advocacy I Y Also licensed in U.S. Tax Como DATE FILED PETITION FOR ANNEXATION AND ZONING TO: Zoning Advisory Commission of the City of Dubuque, Iowa Mayor and City Council of the City of Dubuque, Iowa Board of Supervisors, Dubuque County, Iowa The Petitioner(s), McCoy Family Properties, Wasau Limited Partnership and Truck Country of Iowa, Inc., an Iowa corporation, a.k.a. Truck Country Respectfully State(s) Under Oath: 1. That the Petitioner(s) is /are the sole owner(s) of record of the following legally described land hereinafter to as the "Real Estate ". See attached EXHIBIT A: Legal Description. The Real Estate is further identified as parcel number 1 51 21 07007, 1512152009 and 1512154002. 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 B: Plat of Annexation. 3. That the Real Estate should be zoned a C -3 General Commercial Zoning District for the following reasons: a. Conformance with the Dubuque Comprehensive Plan and Future Land Use Map. b. Compatibility with current use and Unified Development Code. The Petitioner(s) Respectfully Request(s): 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 this Petition be referred to the City of Dubuque Zoning Advisory Commission for its consideration and recommendation for zoning as a C -3 General Commercial Zoning District, pursuant to its powers under Title 16: Unified Development Code of the City of Dubuque Code of Ordinances and Chapter 414 of the Code of Iowa, whereby the City of Dubuque Zoning Advisory Commission may recommend to the City Council a zoning classification suitable for the Real Estate upon annexation to the city. 3. That such other action may be taken as is appropriate in the premises. I/We, the Petitioner(s), hereby state that the preceding statements and all statements made in supplementary material, and all attached documents submitted by me /us are true and correct. Signed on this IS day of 064-2)a.e� /, 20 / 3. TRUCK COUNTRY OF IOWA, INC. WAUSAU LIMITED PARTNERSHIP By: By: Grey ' cCoy It ,' thorize!'gent Subscribed and sworn before me this 6' /:lay of er-{7ibQ( , 20 62i as ' ueitt- Notary Public MCCOY FAMILY IOWA PROPERTIES iarn PATRICIA L. JEWETT COMMISSION NUMBER 709783 MY COMMISSION 'IRES Subscribed and sworn before me this q day of 111-)hey , 20n. 2 EXHIBIT A: Legal Description EXHIBIT B: Plat of Annexation ATTACHMENTS 3 EXHIBIT A LEGAL DESCRIPTION 4 Lot 2 of McCoy Place and Lot 3 of the NW 1/4 all in Section 12 Township 88 North, Range 2 East of the 5'" P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; Lot 2 -1 -1 -1 of the NW IA of Section 12 Township 88 North, Range 2 east of the 51" P.M. according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of the NW 'A all in Section 12, Township 88 North, Range 2 East of the 5th P.M. according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; and the vacated streets and alleys abutting said properties. EXHIBIT B PLAT OF ANNEXATION 6 (Page 1 of 12) [PARED 11 p.C, x165 rsuJOPPOP'A A\E 61): IAIl11W11H11111111NH 01lm004411110I000It Type: WI is t12.010ry1014o'l1 011 uv.:1 a NIPomv 2013- 00000180 FINAL PLAT WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA PREPARED FOR: TRUCK COUNTRY 0/0 NICHOLAS NETS 2099 SCUTHPARK COURT DUBUQUE., IOWA 62003 PHONE: 503 -451 -1287 Op FAX: 563- 584 -2698 TBBH IF THIS NDRTI4WEST 11/4 OF 5ECUOND 12, THE °L-070 114 TOWNSHIP 06, RANGE 2 EAST OF TIE f!p T 4, 5TH P.M., DUUUOE COUNTY, IOWA. %Wf F R/ PROPRIETOR: AS.SHOVM 0 RO5 PREPARED FOR: TRUCK COUNTRY OF 100, INC, ` I ` Hp,,. OATS PREPARED: OCTOBER 0, 2012 � 40' ° j)- 56a'11o'36 "E 60.00' i z,5.<oo pO I 30.00' ( O E M L rrsn NLI�� 1 ® SUBDIVISION BOUNDARY LOT LINE U FOUND 5/0" IRON ROD W/ CAP N0. 12631 O FOUND 1 1/4" 1101 PIPE O SET 5/0" IRON R00 W/ YELLOW PLASTIC CAP N0. 11309 ( ) RECORD INFORMATION LQ,LAREA_S/HAMARY LOT A 22.980 SO. FT. LOT B 2,550 50. ET, LOT O 1,050 50. FL LOT D 010? 50. FT. TOTAL .38.262 50. FT. ", 0.83 ACRES KEY 2,55T MINI STORAGE LOT 2 MCCOY PLACE " MACCOY FAMILY IOWA PROPERTIES SOSTO'00`8.) 30.32 - LOT 1 610004 PLACE WAU5AU LIMITED PARTNERSHIP N52' 8'25"W 80.94' LINE HEARIN° DIST 11 142728'57'E 85.00' 12 112729'57'E 35.00' L3 1.162'49'05 "W 30.00' L4 52725'57 "W 5500' 15 582149'05 "E 30.00' L5 527'28'57 "W 35.00' L7 550'55'50'0 30.62' N®gTM GRAPHIC SCALE 0 100 200 NASE THIS SURVEY IS SUBJECT N EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY ND NOT OF RECORD. RECORD SV! CORD LOT 1 =100' DRAVGN0 MAY 11,32E BEEN REDUCED 7 is nova.) 0^ n ME1516 ] p11E040,04 n1.Yt,01n I2 /Ma XS& Elie mmbeez 201300000180 Reg: 1 8 9 (Page 2 oil 12) PA (I av, rw t nss em.v snvunn etc cuacar, ,cxe RWA AAA FINAL PLAT WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA I, Wray A. Childers, o Duly Licensed loud Surveyor In tho Stoto of Iowa, do hereby certify that the foliow'ng mot ostate was surveyed end plotted by me or under my direct personal supervision, To Wit; A porcol of real colnto oa described in Iho Default and Consent Judgment Quieting Title, Equity Aollon 01311E0CV 100472, Mod August 27, 2012 In the Clark of District Court, Dubuque County, lowo, describad as follows: All that port of Waller Street in Dubuque County, lowo, that ,e northerly of the easterly extension of the northeasterly line of Iowa Street In Dubuque County, Iowa, centalntne 0.63 acres more or fess. Sold pert of Waller Street being located southeasterly of and contiguous to Lots 60 and 61 In the Village of Key West; and southeasterly of and contiguous to Lot 3 of the Northwest Quarter of Section 12, Township 06 North, Range 2 East of the Mb PM., according lo the recorded plate thereof, Dubuque County, lava, This survey was performed for the purpose of subdividing, and platting said real Sato henceforth to bo known es Waller Street Subdtdelon In Dubuque County, Iowa, containing 0.03 acres, more cr loss, and subject to easements, reservations, restrictions, and rights -of-way of record and not of record, tho plot of which Is attached hereto and mode a port of this certificate. Mc lumbar: 2013 - 00000100 Sag: 2 10 (Page 3 of 12) OWNERS' CONSENT Dubuque, Iowa ittoAoar 3\ , 2012 The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa is made with the hee consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. MCCOY FAMILY IOWA PROPERTIES, L.P., BY MCCOY FAMILY, L.L.C„ General Partner :,fj s 4 Ro r art L. cCoy, Manager STATE OF NEVADA, COUNTY OF CLARK This instrument was acknowledged before me on October 3 f , 2012 by Robert L. McCoy as Manager of McCoy Family, L.L.C., General Partner of McCoy Family lowaProperties, L.P. NOTARY P118L10 STATE OF NEVADA County al 0!alk JOHN CAOOITOLO �n� rns eat. 20,201 11 .. d1%/ Notary public Pile Number: 2013 - 00000180 Seq; 3 12 (Page a or 12) WAUSAU LIMITED PARTNERSHIP By: MCCOY GROUP, INC., as General Partner By: Its: President STATE OF IOWA COUNTY OF DUBUQUE This instrument was acknowledged before me on October,,, 2012, by Greg McCoy as President of Wausau Limited Partnership. (S lamp or Seal) PATNCIAL JEWEH COMMISEIONNOMOER 709703 30 MYCOMl�051 EXPIIES m.1 Notary Public in a ELIZABETH R. KIRPES TRUST DATEI) APRIL 28, 2010, 13y:�%'rt�LtaLY ♦ 4,, Eli Meth R. Kirpes, as Tr tee STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) for said Stat On this Le day of October, 2012, before me, the undersigned, a Notary Public in and for the said State, personally appeared to me personally known, who, being by me duly sworn, did say that she is the Trustee of the Elizabeth R. Klrpes Trust dated April 28, 2010, and that Elizabeth R. Kirpes acknowledged the execution of the instrument to be the voluntary act and deed of the fiduciary, and as the fiduciary voluntarily executed. Pimp or Sul) 13 File Nutter: 2013 - 00000180 Seq: 4 (page 5 of 12) du to R. Herrig, G STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) On this ZFFt`` day of October, 2012, before me, the undersigned, allotary Public in and for the said State, personally appeared, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. 14 Notary Public Filo Enter: 2013-00000180 sec: 5 15 (page 6 of 12) ATTORNEY'S AFFIDAVIT I, Chad C. Leitch of O'Connor & Thomas, P.C., certify that the property platted at Lota A, 13, C and D of Waller Street Subdivision in Dubuque County, Iowa is owned by McCoy Family Iowa Properties, LP, Wausau United Partnership, Elizabeth R. Kirpes Trustee of the ElizabethR. Kirpes Trust dated April 28, 2010 and Justin R.1-[errlg subject to real estate taxes. O'CONNOR & THOMAS, P.C. By ^'`A 2012. Subscribed and sworn to beforeme thisa day �CC I"4 AMY GLEASON x ,0,,s7 Commission Numher 77106 ,a.:.' My Comm. Exp. l�ra8�4 16 figeeehfri Notary Public Vile llmther: 2013 - 00000180 Seq: 6 17 (Page 7 of 12) COUNTY TR2ASIJRER Dubuque, Iowa 1, the undersigned, Erie Stiennan, Treasurer of Dubuque County, Iowa, do hereby certify that p11 taxes levied against that part of Waller Street tight -ofway contained in Waller Street Subdivision in the Northwest Quarter of Section 12, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Town havebeen paid and said mid estate is free and clear of all taxes as of this data. b 0 _ , 2 0 1 2 - - Brio Stigma Dubuque County Treasurer 18 LVc1JeG,' eilo larmox: 2013- 00000180 sea: 7 19 (Page 8 or 12) COUNTY BOARD OFW3ALTII Dubuque, Iowa Ji4& -11, ,20j. The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa is hereby approved by the Dubuque County Board of Health and approval of said plat by the Dubuque County Board of Supervisors is hereby recommended, Dubuque County Board of Health Chairperson PLANNTNC SBRV ICBS - Cl lY OF DUBUOUB Dubuque, Iowa A /ol/. % ,20 %Z The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa, is within the two mile jurisdiction of the City of Dubuque, Iowa, as defined rmder Section 354 of the Codo of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Article 11: Lend Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed heroin on the date first written above. Planting Services Division City of Dubuque, Iowa City Planner —Laura Carstens rile nuitee: 20i3- 00000150 Beep 8 20 21 (Rage 9 or 12) Dubuque, Iowa COUNTY PLANNING AND ZONING 4ec. ,20/2 The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa is hereby approved by the Dubuque County Planning and Zoning Commission and approval of said plat by the County Board of Supervisors is hereby recommended. Dubuque, Iowa CunL Planning and Zoning Commission- COUNTY BOARD OF SUPERVISORS SAN. 2 20 /2 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of Wafer Street Subdivision in Dubuque County, Iowa has been filed in tha office of the County Board of Supervisors, that by Resolution No, 21 -OU / , the Dubuque County Board of Supervisors have reviewed and approved said plat. Dubuque County Board of Supervisors ATTEST: Chairperson De se M. Dolan, Dubuque County Auditor 22 Vile Number: 2013- 00000100 Seq: 9 (Page 10 of 12) COUNTY AUDITOR Dubuque, Iowa AilaioQ The foregoing plat of Waller Street Subdivision in Dubuque County, Iotta,Xv office of the Dubuque County Auditor this mud day of_Nam/AOti/2 °,� iac tt, ■ r SQ We approve of the subdivision name or title to be recorded. It Denise .Dolan County Auditor of Dubuque, I COUNTY ASSESSOR Dubuque, Iowa L, , %oS . 20J- The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa was entered of record in the office of the Dubuque County Assessor this /!3i± day of 20!>1— /A avi `8, Kubik Dubuque County Assessor 23 File Number: 2013 - 00000180 88nt 10 (page 11 oe 12) COUNTY EfiOItLEER Dubuque, Iowa The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa has been reviewed for compliance with current Dubuque County Platting and Su division regulations and has been approved by the County Engineer of Dubuque County, Iowa, this day of Mil/Prober . 20 i 2 r I --- g. , 2012, Bret Wilkinson Dubuque County Engineer PLATS OFFICER Dubuque, Iowa s ��A �,� .20 /2. I, the undersigned, Anna M. O'Shea, Dubuque County Plats Officer, have reviewed and examined for compliance with the Dubuque County Platting and Subdivision Ordinance the foregoing plat of Waller Street Subdivision in Dubuque County, Iowa and have found said plat to be acceptable. /Jask_ Anna M. O'Shea Dubuque County Plats Officer RECORDER'S CERTIFICATE Dubuque, Iowa 2025 The foregoing plat of Waller Street Subdivision in-Dubuque County, Iowa has been reviewed by the Dubuque County Recorder. v .,t .VGA Kathy Thudow Dubuque County Recorder 24 rile Number: 2013 - 00000180 seq: 11 25 (Page 12 or 12) RESOLUTION - /''' OOy WHEREAS, there has been presented to the Dubuque County Board of Supervisors a Final Plat of Survey for WALLER STREET SUBDIVISION, comprised of that part of Waller Street in Dubuque County, Iowa beginning at the northeasterly line of Iowa Street and contiguous to Lots 60 and 61 in the Village of Key West and Lot 3 of the NWI /4 of Section 12, T88N, R211 of the 5th PM, Table Mound Township, Dubuque County, Iowa; and WHEREAS, said plat will create four (4) lots, namely Lot A, Lot 0, Lot C and LotD of Waller Street Subdivision in Section 12, Table Mound Township, Dubuque County, Iowa; and WHEREAS, said final plat has been examined and approved by the City of Dubuque Planning Services; and WHEREAS, said plat has been examined by Dubuque County Planning and Zoning Commission, Dubuque County Hoard of Health, Dubuque County Engineer, Dubuque County Treasurer and Dubuque County Plats Officer and has their approval and endorsed thereon; and WHEREAS, said plot has been examined by the Board of Supervisors of Dubuque County, Iowa, and they find the stun conforms to the statutes and other regulatory ordinances and resolutions. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Dubuque County, Iowa: 1. That the above described property is withintbo "B -1 ", Fleshless district, thus subject to all the requirements of that district. 2. That each lot will become an integral part of the adjoining lot and get access to that lot, to wit: Lot A of Waller Street Subdivision will he an integral part of Lot 3 in the NWI/4 and Lot 2 of McCoy Place, Lot B of Walter Street Subdivision will be an integral part of Lot 61 and the SW 25' of Lot 60 in the Village of Key West, Lot C of Waller Street Subdivision will be an integral part of the NE 35' of Lot 60 in the Village of Key West, LotD of Waller Street Subdivision will be an integral pan of Lot 1 of McCoy Place all in Section 12 (T88N, R2E) Table Mound Township, Dubuque County, Iowa, 3. That the above described plat be and is hereby approved and the Chairperson of the Board of Supervisors is authorized and directed to endorse the approval of Dubuque County, Iowa upon said plat. PASSED, ADOPTED AND APPROVED by the Dubuque County Board of Supervisors on this 2 "4 dayoflanuary 2013. Edo Manternaeb, Chair Board of Supervisors A ST: / MonaMantemae ,Deputy Dubuque County Auditor 26 Gfl rile Number: 2013- 00000180 Beg: 12