Voluntary Annexation_McCoy Family Properties, 10785 US. Hwy 61/151, Truck Country1111111111111iii1111111111111111111111111111111111111111111111111111111111
Doc ID 007905870023 Type GEN
Kind: ANNEXATION
FeeoAmt: $117.00 2Pagea1 of 23'09 PM
Dubuque County Iowa
Kathy Flynn Thurlow Recorder Q(�
F11e2014- 00000786
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. 4-14
RESOLUTION APPROVING 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:
Section 1. The corporate limits of Dubuque, Iowa are hereby extended to include the
- .i117.06
Resolution No. 4 -14
Page 2
Annexation Territory as shown in Exhibit A and legally described as: 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 1/4 of 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; 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' 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; Lots A and D of Waller Street
Subdivision, 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;
and to the centerline of the adjoining public rights -of -way, including the North 1/2 of Lake
Eleanor Road from US 61/151 west to this annexation territory and the South 1/2 of
Chestnut Street from US 61/151 west to this annexation territory, all in the County of
Dubuque, Iowa.
Section 2. The Annexation Territory hereby annexed shall become part of the 1st
Precinct of the 1st Ward of the City of Dubuque, Iowa.
Section 3. The City Clerk shall file this resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa as required by law.
Passed, approved and adopted this 6th day of January, 2014.
Attest:
Kevin
. Firnstahl, ity
Roy D. Buol, Mayor
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. 4 -14 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 7th day of January, 2014.
Kevin . Firnstahl, M ,
lerk
DATE FILED it)-16 -
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 1512107007,
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 %S' of .6,4-04.44/1 20 /3.
TRUCK COUNTRY OF IOWA, INC.
By:
Gre cCoy
Vi - reside
WAUSAU LIMITED PARTNERSHIP
By:
Subscribed and sworn before me this [ day of (* lQ( , 20 43.
Notary Public
MCCOY FAMILY IOWA PROPERTIES
41111111k a
By: -74 AlliariYAIL
,'Its Authg4 d Agent
PATRICIA L. JEWETT
COMMISSION NUMBER 709783
MY CO MI IOI XPIRES
Subscribed and sworn before e this q day of 9C Sher , 201S .
ary Public
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 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 1/4 of Section 12 Township 88 North, Range 2 east of the Stn
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 1/4
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.
5
EXHIBIT B
PLAT OF ANNEXATION
6
(Pago 1 of 12)
PDVAnfo 621 EM P.C.
4165 P6MM1tVAICA A6E
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DITUCOr, mWA . VW) 051 -0414
FINAL PLAT
WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA
PREPARED FOR:
TRUCK COUNTRY
0/0 NICHOLAS NETS
2099 SOUTHPARK COURT
DUBUQUE, IOWA 52003
PHONE: 563- 451 -1287
FAX: 563 -584 -2698
THIS SUBDIVISION IS LOCATED IN THE
NORTHWEST 1/4 OF SECTION 12,
TOWNSHIP 86. RANGE 2 EAST OF THE
5TH P.M., DUBUOUE COUNTY, IOWA,
• PROPRIETOR: AS. SHOWN / r
PREPARED FOR: TRUCK COUNTRY OF IOWA, INC,
DATE PREPARED: OCTOBER 9, 2012
LEGEND
•
•
O
)
SUBDIVISION BOUNDARY
LOT LINE
FOUND 5/8" IRON ROD W/
CAP NO. 12631
FOUND i 1/4: IRON PIPE
SET 5 /8" IRON ROD W/ YELLOW
PLASTIC CAP NO. 11306
RECORD INFORMATION
(,OT AREA SUMMARY •
LOT A 22,960 SQ, FT.
LOT B 2.550 SO. FT.
LOT C 1.050 SC. FT.
LOT D 9.207 SO, Ft
TOTAL 36.262 SCR FT.
+. 0.83 ACRES
KEY %WET MINI
STORAGE
S62'46'38 "E 60.00'
30.00'
30.00'
LOT 2
MCCOY PLACE
* MCCOY FAMILY
Q' IOWA PROPERTIES
FA
S6310'00 "E
139.32
31
(
LINE MARINO P1S.L
LI N27'28 '57'E 85,00'
L2 N27'28'57 "E 35.00'
1.3 N62'49'05 "W 30.00'
L4 52728'57 "W 85.00
1.5 S62'49'05 "E 30.00'
L6• S27'28'57 "W 35.00
L7 S50'55'50'E 30,62'
THIS SURVEY IS SUBJECT TO
EASEMENTS: RESERVATIONS,
RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD
AND NOT OF RECORD,
SW COR.
LOT 1
'7
3
Yo
LOT 1 MCCOY PLACE
WAUSAU LIMITED PARTNERSHIP
N52'26'25"W 60.94'
NCIFITH
GRAPHIC SCALE
0• 100 200
, 1" -100'
DRAWING MAY HAVE BEEN REDUCED
11021612 CONY IU41245 IAAO SJIVEw10 12560162.1 166/
MFIVID IV 614 O11001 IFY OIECT AA.100 P.PEP4-04 "HR
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206 06 PA
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10000 210. 00 40 U1122D6 2DE•W. DAC It 12/41/2013
PACCI CR 211¢6 6011221 NV 7116 tLM. VEER I & 2
7
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lE ID•01 -11 Mar I a 2
tuVo 71N01Y 0s tAnce UI2 N
Tile Number: 2013 - 00000380 Seq: 1
(Page 2 of 12)
PREPMED 5Y, •M. P.C. 5155 PENNSOLVNtlh ME D5150100., I0WA (461) 555 -4164
FINAL PLAT
WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA
SURVEYORS CERTIFICATE
I, Wray A.. Childers, a Duly Licensed Land Surveyor in the State of Iowa, do hereby
certify that the following real estate was surveyed and plotted by me or under my
direct personal supervision, To Witr
A parcel of root estate as described In the Default and Consent Judgment Quieting
Title. Equity Action 01311EQCV 100472, fled August 27, 2012 in the Cferk of District
Court, Dubuque County, Iowa, described as fotows;
All that part of Wolter Street In Dubuque County, town, that is northerly of the
easterly extension of the northeasterly line of fowo Street h Dubuque County, Iowa,
containing 0.83 acres mom or less. Sold port of Wailer Street being located
southeasterly of and contiguous to Lots SO and 61 in the Village of Key West; and
southeasterly of and contiguous to Lot 3 of the Northweit Quarter of Section 12,
Township 88 North, Range 2 East of the 6th P.M., according to the recorded plots
thereof, Dubuque County, Iowa.
This survoy was performed for. the purpose of subdividing and platting sold real estate
henceforth to be known as Weller Street Subdtviefon In Dubuque County, lows,
containing 0.83 acres, more or less, and subject to easements, reservations,
restrIctfons, and rights -of -way of record and not of record, the plot of which te,
attached hereto and mode o port of this certiflcote.
MinneVOL
4.104.,•••
4
4 rDUO WAS
alai
10-01-02 seen x e1 x
, \u\NO\nu 515MM1S.NR1\men
oa 50.10)15
File Rumba= 2013 - 00000180 Seq.: 2
10
(Page 3 of 12)
f '.
OWNERS' CONSENT
Dubuque, Iowa C1.4ob�r 31 , 2012
The foregoing plat of Waller Street Subdivision in 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.
MCCOY FAMILY IOWA PROPERTIES, L.P.,
BY MCCOY FAMILY, L.L.C., General Partner
Ro
ert L.
cCoy, Manager
STATE OF NEVADA, COUNTY OF CLARK
This instrument was acknowledged before me on October 3 ( , 2012 by Robert L.
McCoy as Manager of McCoy Family, L.L.C., General Partner of McCoy Family Iowa Properties,
L.P.
NOTApY PUBL(C
STATE OF NEVADA
county of Valk
JOHN CAOOITOLO
µ03 *noel ee Oat. 20.2013
11
Notary public
Pile lumber: 2013-00000180 Seq: 3
Wage 4 of 12)
WAUSAU LIMITED PARTNERSHIP
By: MCCOY GROUP, INC., as General Partner
Its: President
STATE OP IOWA
COUNTY OF DUBUQUE
This instrument was acknowledged before me on October ,3r, 2012, by Greg McCoy as
President of Wausau Limited Partnership.
(Stamp or Seat) pJ'u PAifUCIALJEWETT
`K
� COMMISSION NUMBER 709703
MYCOM SS + EV/ ES
41/4 — Age
Notary Public in a f for said State
ELIZABETH R. KIRPES TRUST DATED APRIL 28, 2010,
By:
Eli
eth R. Kirpes, as Tr . tee
STATE OF IOWA )
)ss:
COUNTY OF DUBUQUE )
On this Z+` 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. Kirpes Trust dated April 28, 2010, and that
Elizabeth It Kirpes acknowledged the execution ofthe instrument to be the voluntary act and
deed of the fiduciary, and as the fiduciary voluntarily executed.
(Sump or Soal)
•
13
?E-41At--- Notary Public
rile Number: 2013 - 00000180 seq: 4
(pogo 5 of 12)
S )n R. I errig, Or
STATE OF IOWA )
)ss:
COUNTY OF DUBUQUE )
On this 2.414 day of October, 2012, before me, the undersigned, n Notary 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.
ERViENOLEa
itin El=
14
Notary Public
Fila Mwiber: 2013 - 00000100 Begs 5
(page 6 of .2)
AT on AFFIIiA'VIT
1, Chad C. Leitch of O'Connor & Thomas, P.C., certify that the property platted at Lota A,
B, C andD of Waller Street Subdivision in Dubuque C o u n t y , Iowa is owned byMcCoy Family Iowa
Properties, LP, Wausau LimitedPartneishlp, Elizabeth R. Kirpes Trustee of the ElizabethR.Kispes
Trust dated April 28, 2010 and Justin R. I errig subject to real estate taxes.
O'CONNOR & THOMAS, P.C.
Bv:
Chad C. Leitch
Subscribed and sworn to before me thus day 7012.
AMY GLEASON
Commission Numbs 77106
My Comm. Exp. /�/ra7ijN
File Number: 2013 - 00000180 beg: 6
(Page 7 of 12)
VAKILIMISIBEE
Dubuque, Iowa
I, the undersigned, Eric Stiennan, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes
levied against that part of Waller Street right -of -way 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,
Iowa have been paid and said real estate is free and clear of all taxes as of this date.
/, — .Q •20L)—
Brio Stierman
Dubuque County Treasurer
File Number: 2013- 00000180 Seq: 7
(Page 8 of 12)
COUNTY BOARD OF HEALTH
/l- r3'/z- ,20�
Dubuque, Iowa
The foregoing plat of Waller Street Subdivision in Dubuque County, Town 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
ANN SPR 'S -CITY OFD
1 9
.( /os/ i , 20,x.
Dubuque, Iowa
jurisdiction foregoing the y of Waller
Dubuque, Subdivision in Dubuque County, Iowa, is
defined under Section 354 of the within the two mile Iowa, has been
j
reviewed by of Dubuque in accordance with Article t 1: Land
reviewed 6y tha City Planner, (or designee) of the City q
Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed
herein on the date first written above.
PlanninServices Division
City of Dubuque, Iowa
City Planner —Laura Carstens
20
ri.1e Nulebolt 2013 - 00000190 8sciA 8
(Page 9 of 12)
Dubuque, Iowa
The foregoing plat of Waller Street Subdivision in Dubuquo 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,
COUNTY PLANNING AND ZONING
?e e , AP ,20/2-
Dubuque, Iowa
County
lamming and Zoning Commission'
COUNTY BOARD OP SUPERVISORS
ZAN. 2 , 20 a
The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the
foregoing plat of Waller Street Subdivision in Dubuque County, Iowa has been filed in the office of
the County Board of Supervisors, that by Resolution No, 2- 0d? / , the Dubuque County Board of
Supervisors have reviewed and approved said plat.
Dubuque County Board of Supervisors
Chairperson
ATTEST:
4thze22mtdbatkateace4 / M. Dolan, Dubuque County Auditor
22
Lyle Number: 2013 - 00000180 Peg: 9
(page 10 o! 12).
COUNTY AUDITOR,
Dubuque, Iowa A{j• d0., ..y ii t, qD L3
The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa :w[ roffice of tha Dub uque County Auditor this 2nd day of,A n tlti t' We approve of the subdivision name or tide to be recorded. i'"' * ' ''
'Ii �a S • ��t f .
DeniseY4I. Dolan •• °3
r
County Auditor of Dubuque, I
COUNTY ASSESSOR,
Dubuque, Iowa gave/m.4e,, %3 , 20J-
The foregoing plat of Waller Street Subdivision in Dubuque County, I a was entered of record in the
office of the Dubuque County Assessor this / 3 '- day of /CJ 20«"
,J
Davi6S. Kubik
Dubuque County Assessor
23
File Number: 2013 - 00000180 Seq: 10
(eego 11 of 12)
COUNTY ENGINEER
Dubuque, Iowa
1 I -- 8 • , 20J2,
Tho 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 1V6VPrrber^ , 2012
Bret Wilkinson .
Dubuque County Engineer
PLATS OFFICER,
Dubuque, Iowa
/ Ik,1,,i,6 / L 20 /z.
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.
/62SL
Anna M. O'Shea
Dubuque County Plats Officer
RECORDER'S CERTIFICATE
Dubuque, Iowa
Q-ktwi i4 , 20fs
The foregoing plat of Waller Street Subdivision in'Dubuque County, Iowa has been reviewed by the
Dubuque County Recorder.
114hH
4, J. _grk 46e-deed
r<att� ' rnu 6. ` �'�(", 4
Dubuque County Recorder
24
File Number: 2013- 00000180 seq: 11
(Page 12 of 12)
RESOLDTION- 00/
WHEREAS, there has been presented to the Dubuque County Board of Supervisors a
Final Plat of Survey for WAILER 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 NW 1/4 of Section 12,
T88N, R2E of the 5ih PM, Table Mound Township, Dubuque County, Iowa; and
WHEREAS, said plat will create four (4) lots, namely Lot A, Lot B, Lot C and Lot D 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 Board of Health, Dubuque County Engineer, Dubuque County
Treasurer and Dubuque County Plats Officer and has their approval and endorsed thereon; and
WHEREAS, said plat has been examined by the Board of Supervisors of Dubuque
County, Iowa, and they find the same 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 within the "B -1 ", Business 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 be an integral part of Lot 3 in the NW1 /4
and Lot 2 of McCoy Place,
Lot B of Waller 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 Sheet Subdivision will bean integral part of the NE 35' of Lot 60
in the Village of Key West,
Lot D of Waller Street Subdivision will be an integral part of Lot 1 of McCoy
Place all in Section 12 (T88N, R2E) Table Mound Township, Dubuque County,
Iowa,
3. That the above described plat bo 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
2nd dayoflanuary 2013.
ATTEST:
Mona Manteinaeh, Deputy
Dubuque County Auditor
Erie Mantemach, Chair
Board of Supervisors
26
6I7
File Number: 2013 - 00000180 seq: 12
MATT SCHULTZ
SECRETARY OF STATE
January 10, 2014
Kevin S. Firnstahl
City Clerk
50 W. 13th St
Dubuque, IA 52001
Re: Resolution #4 -14
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 by
Iowa Code section §368.7. You may consider the annexation filed.
Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure this territory
is assigned to the correct election precinct and /or ward (if any).
If you have questions or concerns about this communication, please let me know.
Sar
lo
3' 1 E. 1 St.
D-s M•' es, IA 50315
sarah.reisetter@sos.iowa.gov
Cc: Annexations, Iowa Department of Transportation
Cc: Matt Rasmussen, City Development Board Administrator
0
g N
c ¶1l
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 of Truck Country, 10785 U.S. Highway 61/151
DATE: December 17, 2013
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
Planning Services Manager Laura Carstens recommends City Council approval of the
voluntary annexation request filed by McCoy Family Properties for territory south of the
City that includes Truck Country, 10785 U.S. Highway 61/151.
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
THE CITY OF
Dui
Masterpiece on the Mississippi
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Annexation of Truck Country, 10785 U.S. Highway 61/151
DATE: December 17, 2013
Dubuque
bitid
An- Amet1ea City
2007 • 2012 • 2013
Introduction
This memo requests approval of the voluntary annexation request filed by McCoy Family
Properties for territory south of the city that includes Truck Country, 10785 U.S. Highway
611151. The application, resolution, staff report, and other supporting documents are attached.
Discussion
The territory includes Truck Country's vehicle sales and service operations as well as adjacent
vacated street and alley rights -of -way. State law also 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 was considered by the City's Zoning Advisory Commission on December 4, 2013.
Both the annexation and the rezoning public hearings are scheduled for January 6, 2014.
The subject property is part of Area H of the 2006 Annexation Analysis. This study provides a
cost/benefit analysis of 23 potential growth areas around the city of Dubuque. Area H
encompasses the unincorporated community of Key West. It was the highest ranked study area.
This annexation is consistent with the City's Comprehensive Plan. The City of Dubuque has the
capacity to provide substantial municipal services to the annexation territory.
Recommendation
Staff recommends City Council approval of the voluntary annexation request filed by McCoy
Family Properties for territory that includes Truck Country, 10785 U.S. Highway 61/151.
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:\USERSICARSTEIN \WP1Annex \Truck Country \Staff Memo Annex Tuck Country.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. 4-14
RESOLUTION APPROVING 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:
Section 1. The corporate limits of Dubuque, Iowa are hereby extended to include the
Resolution No. 4 -14
Page 2
Annexation Territory as shown in Exhibit A and legally described as: 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 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 1% of 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; 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 % 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; Lots A and D of Waller Street
Subdivision, 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;
and to the centerline of the adjoining public rights -of -way, including the North 1/2 of Lake
Eleanor Road from US 61/151 west to this annexation territory and the South 1/2 of
Chestnut Street from US 61/151 west to this annexation territory, all in the County of
Dubuque, Iowa.
Section 2. The Annexation Territory hereby annexed shall become part of the 1st
Precinct of the 1st Ward of the City of Dubuque, Iowa.
Section 3. The City Clerk shall file this resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa as required by law.
Passed, approved and adopted this 6th day of January, 2014.
Attest:
7 •
Roy D. Buol, Mayor
EXHIBIT
ANNEXATION MAP
LEGEND
CITY LIMITS
MCCOY FAMILY PROPERTIES
DATE FILED 10-16-13
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 1512107007,
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 /-.) day of6__.e.■7, 20 /3.
TRUCK COUNTRY OF IOWA, INC.
By:
Greg McCoy
Vi = reside
WAUSAU LIMITED PARTNERSHIP
By:
Gre• ;r cCoy A
It ; thorizeAr"gent
Subscribed and sworn before me this [ ay of Z4' , 20 t3.
Notary Public
MCCOY FAMILY IOWA PROPERTIES
C.. 41400 I
J% n R. cCo ,'Its Autho d Agent
rTsui
IoW
PATRICIA L. JEWETT
COMMISSION NUMBER 709783
MY CO 5-41 -1 RES
Subscribed and sworn before e this q day of d(' -1-Oher , 201S .
2
ATTACHMENTS
EXHIBIT A: Legal Description
EXHIBIT B: Plat of Annexation
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 5t". 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 1/4 of 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;
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 1/4
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.
5
EXHIBIT B
PLAT OF ANNEXATION
6
(Page 1 of 12)
PPVA11F0 530
EIS P.C.
4155 PFMISILVAIRA AlE
. 1111111111111111111111111
Dc. 201 aiw20N'ft Typ.l Den
21 d: p7y2nax P
020er,NA: O7/D: /w:3 .2 03160:25 n1
ram: OW(00'0. t.I
ru,2013 00000180
1515053,
10124
(004) 252 -04.4
FINAL PLAT
WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA
PREPARFD FOR:
TRUCK COUNTRY
C/0 NICHOLAS NETS
2099 SOUTHPARK COURT
DUBUQUE, IOWA 52003
PHONE: 563 -451 -1287
FAX: 563 - 584 -2698
THIS SUBDIVISION / IS F LOCATED TIION 12 THE '�SnN R ?F : 'eR7/2`)
TOWNSHIP 88, RANGE 2 EAST OF THE 042 R. y
51H P.M., DUBUOUE COUNTY. IOWA, 47Rp S R F� /a
•PROPRIETOR: AS.SHOWN Sr
PREPARED FOR: TRUCK COUNTRY OF IOWA, INC,
DATE PREPARED: OCTOBER 9, 2012
LEGEND
-- SUBDIVISION BOUNDARY
---- LOT LINE
■ FOUNO 5/8" IRON ROD W/
CAP 1,10. 12631
• FOUND 1 1/4: IRON PIPE
O SET 5/8" 1(201 R00 W/ YELLOW
PLASTIC CAP N0. 11306
( ) RECORD INFORMATION
LQT' AREA SUMIAARY
LOT A 22.960 SQ. FT.
LOT D 2,550 5Q. FT.
LOT C 1,050 SQ. FT.
LOT D 9.742 5Q. FT.
TOTAL 36,262 50 FT.
.. 0.83 ACRES
G
ti
S62'46'36•E 60.00'
30.00'
30.00'
KEY WEST A1111
STORAGE
Lim 127 2B 57'E 85.00'
L2 N2718'57 "E 35.00'
L3 N62'49'05 "W 30.00'
L4 S27'28'571W 55.00•
15 56219'05 "E 30.00'
(.6. S2T28'57 "W 35.00' SW COR,
17 S50'55'50'5 30,62' LOT 1
LOT 2
MCCOY PLACE "
MCCOY FAMILY
IOWA PROPERTIES
Ai
o9r 58370'00 E
130.32
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RATS -OF -WAY OF RECORD
AND NOT OF RECORD,
LOT 1 MCCOY PLACE
WAUSAU LIMITED PARTNERSHIP
152'26'25"W 60.94'
NORTH
GRAPHIC SCALE
0 100 200
, 1' •• 100'
DRAWN° MAY HAVE BEEN REDUCED
e 0E4 `. ?4U31TT 20IC001000:5 2 5PE11R5M0 000° &SEE Alp
TNT 1 AI A MX YGGRO 14 ! 31.4553311 UOU TR* GIBS er
*,,,." yys* TE SIAM 02 IOWA
WRAY A. s ea
N "e CHILDLR 6 S 2
•?: IS 11308 +. E
''y� I1:011C 00. 43 14 UOR.SC MEWL DARE IS 12/41/:043
II yc
.44.411A DA1"" NW GO 71a11 CORM/ ST TO OM
.AT:
7.
R 10.05.12
2 40 010 1 0 2 SECT 1 1(
LllVERWAPANAVOREIV512 R
Vile Number: 2013- 00000180 Seq 1
7
8
9
(Page 2 of 12)
•
PRTYAAEa IY, 414 P.C. 4173 PENN311.YN6A N,6 0031,3C4.P, Mk (556) 53e -4464
FINAL PLAT
WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA
SURVEYOR'S CERTIFICATE
I, Wroy A.. Chltdere, a Duly Licensed Land Surveyor In the Stote of Iowa, do hereby
certify that the following reol estate was surveyed and plotted by me or under my
direct personal supervision, To Wit:
A parcel of root (elate os described In the Dafault and Consent Judgment Quieting
Title, Equity Action 01311EQCV 100472, filed August 27, 2012 M the Clerk of District
Court, Dubuque County, Iowa, described es follows:
All that port of Wolfer Street In Dubuque County, Iowa, that is northerly of the
easterly extension of the northeasterly Ilne of town Street In Dubuque County, Iowa,
containing 0.83 acres more or less. Sold port of Weller Street being located
eoutheaoterly 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 88 North, Range 2 East of the 5th PJA., according to the recorded plots
thereof, Dubuque County, town.
This survey was performed for. the purposo of subdfvidklg and platting sold real estato
henceforth to be known as Wolfer Street Subdtvidon In Dubuque County, Iowa,
containing 0.83 acres, more ar lase, and subject to eosemente, reservations,
restrictions, and rights -of -way of record and not of record, tho plot of which Is
attached hereto and mode o- port of this certifkote.
nr
!♦ IW
AA -1
13440110 500 , e6A PM 12/10
DAM 10-00-11 11ee1 1 of 1
faN12010 nnnxwofVwehmish
File Manx: 2013- 00000180 Seq.: 2
10
(Page 3 of 12)
OWNERS' CONSENT
Dubuque, Iowa t . Eob2-r 31 , 2012
The foregoing plat of Waller Street Subdivision in 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.
MCCOY FAMILY IOWA PROPERTIES, L.P.,
BY MCCOY FAMILY, L.L.C., General Partner
Ro
ert L.
cCoy, Manager
STATE OF NEVADA, COUNTY OF CLARK.
This instrument was acknowledged before me on October 3 ( , 2012 by Robert L.
McCoy as Manager of McCoy Family, L.L.C., General Partner of McCoy Family Iowa Properties,
L.P.
NOTARY PUBLIC
STAB OF NEVADA
County ofauk
•w /'
JOHN CACOITOLO
µor++xt•t as Oct. 20.2013
11
. /
Notary public
File Number: 2013- 00000180 Seq: 3
12
(Page 4 of 12)
a
WAUSAU LIMITED PARTNERSHIP
By: MCCOY GROUP, INC., as General Partner
By: ?%;:frie
cCoy
Its: President
STATE OP IOWA
COUNTY OP DUBUQUE
This instrument was acknowledged before me on October :3(, 2012, by Greg McCoy as
President of Wausau Limited Partnership.
(Stzmporsc. • PArn:cIaL,JEWEi-
� COMMISSIOkkUMBEfl 7097Q3
MYCOM SSII EXPI:ES
Notary Public in atfyTfor said State
ELIZABETH R. KIRPES TRUST DATED APRIL 28, 2010,
Bv:
Eli
eth R. Kirpes, as Tr . tee
STATE OF IOWA )
) ss:
COUNTY OF DUBUQUE )
On this Z'" 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. Kirpes 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.
(Stump or Seal)
MIAMI
E
CoorrimkaRobbrN4Mf
M1. EON_
13
Notary Public
pile dumber: 2013- 00000180 Seq: 4
(Raga 5 or 12)
L �
J in R. Herrig, 0
STATE OF IOWA
) ss:
COUNTY OF DUBUQUE )
On this ZI41 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.
EON
Goodish t 1Mbw74
14
t tA t -
Notary Public
site Number: 2013 - 00000180 Sego 5
15
(Page G of 12)
•
AEr ORE EYIS AFFWA_VI
I, Chad C, Leitch of O'Connor & Thomas, P.C. , certify that the property platted at Lola A,
B, C and D of Waller Street Subdivision in Dubuque County, Iowa is owned by McCoy Family Iowa
Properties, LP, Wausau Limited Partnership, Elizabeth R. Kirpes Trustee of the ElizabethR. Kirpes
Trust dated April 28, 2010 and Justin R. Herrig subject to real estate taxes,
O'CONNOR & THOMAS, P.C.
By:
��++ Chad C. Leitch
Subscribed and sworn tobeforeme this ��_ day of " •'� '7012.
AMY GL.EASON
Commission Mote 771
My Comm. Exp.
File !umber: 2013- 00000180 Geq: 6
17
(Page 7 of 12)
CaErIMASIMBIL
�, - .0 ,20.E --
Dubuque, Iowa
I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certilj that all taxes
levied against that part of Waller Street rightofway 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,
Iowa have been paid and said real estate is free and clear of all taxes as of this date.
Brio Stlerman
Dubuque County Treasurer
18
Ei1a Mamba= 2013 - 00000180 sear 7
19
(Page 8 of 12)
•
COUNTY BOARD OF HI?ALTli
Dubuque, Iowa
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
LANK 1SFR ES -CITY OFD
20/2
Dubuque, Iowa
The foregoing n of h e City of Waller
Dubuque, Iowa, Subdivision
s defined under Section 354 of the within the two mile Iowa has been
jurisdiction
Subdivision oon of the City of Dubuque Unified Development Code, and said rapproval has een endorsed
Subdrv)
herein on the date first written above.
PlanninServices Division
City of Dubuque, Iowa
City Planner —Laura Carstens
20
Filo Nwyer: 2013-00000180 seq: 8
21
(Page 9 of 12)
Dubuque, Iowa
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.
COUNTY PLANNING AND ZONING
/ ,20 /2-
Dubuque, Iowa
The Dubuquo County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the
foregoing plat of Waller Street Subdivision in Dubuque County, Iowa has been filed in the office of
the County Board of Supervisors, that by Resolution No. /3-9al , the Dubuque County Board of
Supervisors have reviewed and approved said plat.
Dubuque County Board of Supervisors
County ' lanning and Zoning Commission'
COUNTY BOARD OF SUPERVISORS
JAN. 2 , 20 /3
Chairperson
ATTEST: %.'bi atka/e2 &44
De a M. Dolan, Dubuque County Auditor
22
•
rile Humber: 2013 - 00000100 Peg: 9
(Page 10 of 12)
COUNTY AUDITOR
Dubuque, Iowa AA u0.' • v ,8013
The foregoing plat of Waller Street Subdivision in Dubuque County, Iowa fitin4reclo(iecoja p-tH7
office of the Dubuque County Auditor this Znd day ofagnoitoJ. : .e • 3.�.f2Uytty
We appiovo of the subdivision name or title to be recorded. 7 i S C,';'.; • c + 7 k�. f • f'
Desey4i. Dolan r
County Auditor of Dubuque, I
COUNTY ASSESSOR,
Dubuque, Iowa
gave/A{44,M ,201d-
The foregoing plat of Waller Street Subdivision in Dubuque County, I a was entered of record in the
office of the Dubuque County Assessor this /3 day of 20Ic). •
vit;4
Davi S. Kubik
Dubuque County Assessor
23
File Numbers 2013- 00000180 Seq: 10
(raga 11 08 12)
COUNTY ENGINEER
Dubuque, Iowa
11 —R'
, 2012
The foregoing plat of Wailer 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 NoWsrn ber' , 2012
Bret Wilkinson .
Dubuque County Engineer
PLATS OFFICER
Dubuque, Iowa
J }Lf1,y„_, z /L 201L.
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 Couuty, Iowa and have found said plat to be acceptable.
/(C2SL-
Anna M. O'Shea
Dubuque County Plats Officer
RECORDER'S CERTIFICATE
Dubuque, Iowa
ae.y4 ,2015
The foregoing plat of Waller Street Subdivision in•Dubuque County, Iowa has been reviewed by the
Dubuque County Recorder.
•.rr.
/,
Kathy Lynn Thurlow
Dubuque County Recorder
24
File Number: 2013- 00000180 Sag: 11
25
(Page 12 of 12)
RESOLDTION- 490/
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 NW1 /4 of Section 12,
T88N, R2E of the 5'a PM, Table Mound Township, Dubuque County, Iowa; and
WHEREAS, said plat will create four (4) lots, namely Lot A, Lot B, Lot C and Lot D 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 Board of Health, Dubuque County Engineer, Dubuque County
Treasurer and Dubuque County Plats Officer and has their approval and endorsed thereon; and
WHEREAS, said plat has been examined by the Board of Supervisors of Dubuque
County, Iowa, and they find the same 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 within the "B -1 ", Business 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 be an integral part of Lot 3 in the NW1 /4
and Lot 2 of McCoy Place,
Lot B of Waller 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,
Lot D of Waller Street Subdivision will be an integral part of Lot 1 of McCoy
Place all in Section 12 (T88N, R213) 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
2nd dayofJanuary 2013.
Erio Mantemacb, Chair
Board of Supervisors
ATIBST:
Mona Manternaeh, Deputy
Dubuque County Auditor
26
64
Pile Number: 2013 - 00000180 seq: 12
Masterpiece on the Mississippi
['Variance
❑Conditional Use Permit
['Appeal
[(Special Exception
❑Limited Setback Waiver
®Rezoning /PUD /ID
Dubuque
)
ft$.
og.IDt
PLANNING APPLICATION FORM
❑Preliminary Plat
❑Major Final Plat
❑Minor Final Plat
['Simple Site Plan
DMinor Site Plan
['Major Site Plan
❑Simple Subdivision
❑Text Amendment
❑Temporary Use Permit
®Annexation
['Historic Revolving Loan
❑Historic Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4805
Phone: 563-589 -4210
Fax: 563-589-4221
piannlncOcilvofdubuque.orq
['Certificate of Appropriateness
['Advisory Design Review (Public Projects)
['Certificate of Economic Non - Viability
❑Historic Designation
❑Demolition in Conservation Districts
❑Port of Dubuque Design Review
Please type or print leaibly in ink
Property owner(s):McCov Family Properties, Wausau Ltd. Partnershio/Truck Country of Iowa, Inc. Phone: 563 - 556.3773
Address: 2099 South Park ct, Ste. 2 City' Dubuque State: IA Zip. 52003
Fax #' Cell #: E -mail:
Applicant /Agent: Peter Arling. O'Connor & Thomas, P.C. Phone: 563-557-8400
Address' 700 Locust St, Ste 200 City: Dubuque
State: IA Zip: 52001
Fax #• Cell #: E -mail: narlingtaocthomaslaw.com
Site location /address: 10785 Hinhwav 61 South Neighborhood Association:. N/A
District: N/A Landmark: ❑ Yes ® No
Existing zoning: County Proposed zoning: C -3
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):. See Exhibit A
Total property (lot) area (square feet or acres): 16.08 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): Reauest to rezone subject prooertv to C -3
General Commerclai.D'strict in coniundion with annexation of the property Into the City of Dubuque.
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):
Srz. QmcUha Date:,
Applicant/Agent:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: Received by:
Date: ///y�3
•
Date: /13/4/3 Docket:
Planning Application Form
Certification:
McCoy Family Properties
Wausau Limited Partnership:
Truck Country of Iowa, Inc.:
ANNEXATION STAFF REPORT Council Agenda: January 6, 2014
Property Location: 10785 Highway 61 South
Property Owner:
McCoy Family Properties, Wausau Limited Partnership, and
Truck Country of Iowa, Inc.
Legal Description: Attached.
Proposed Land Use: Commercial
Existing Land Use: Commercial Existing Zoning: County B -1
Adjacent Land Use: North - Commercial /Residential Adjacent Zoning: North — B -1/R -1
East - Commercial /vacant East - B -1/R -3
South - Commercial South - B -1
West - Commercial /residential West - B -1/R -3
Flood Plain: N/A Total Area: 16.08 acres
City Services Provided:
Water: Extension has been completed. Sanitary Sewer: Extension in near future.
Storm Sewer: N/A Existing Street Access: U.S. 61 and Lake Eleanor Road
Other Services: Police, Fire and Emergency Response.
Purpose /Reason for Annexation: The owner desires connection to City water and
sanitary sewer services. Attached is Pre - Annexation Agreement executed Sept. 2013.
Physical Characteristics: North portion of the property was initially developed for
commercial use in the 1980s. South portion of the property was subsequently
developed in the 1990s for expansion of Truck Country. The property has frontage on
U.S. Highway 61/151, is 16 acres in size, and generally drains to the southeast.
Conformance with Comprehensive Plan: The 2030 Future Land Use Map designates
this property for commercial use. The proposed annexation supports the following
Comprehensive Plan Land Use and Urban Design Goals: 2.2, 7.5, and 10.5.
Impact of Request on:
Utilities: City water has been extended to the property. City sanitary sewer will be
extended to the property in the near future.
Annexation Staff Report for Truck Country Page 2
Traffic Patterns /Counts: The 2009 IDOT Traffic Counts indicate 17,000 average
daily trips for U.S. 61. Property access is from U.S. 61 and Lake Eleanor Rd.
Public Services: Existing public services can serve the subject property.
Environment: No adverse environmental impact is expected, provided that any
future development or redevelopment of the property, there is compliance with the
City's development, erosion control and storm water management regulations.
Adjacent Properties: No significant negative impacts to adjacent properties are
expected upon annexation or commercial rezoning.
CIP Investments: Extension of water (completed) and sanitary sewer (planned).
Staff Analysis and Recommendation: The City received a written application from
McCoy Family Properties, owner and applicant, for voluntary annexation of territory that
abuts the Dubuque corporate limits. The territory is south of the city and includes Truck
Country, 10785 U.S. Highway 61/151. The application, a resolution, and other
supporting documents are attached.
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. State law also
requires the City to annex to the centerline of the abutting County public rights -of -way.
The applicant has requested rezoning to C -3 General Commercial District concurrent
with annexation. The rezoning was considered and recommended by the City's Zoning
Advisory Commission on December 4, 2013.
The subject property is part of Area H of the 2006 Annexation Analysis. This study
provides a cost /benefit analysis of 23 potential growth areas around the city of
Dubuque. Area H encompasses the unincorporated community of Key West. It was the
highest ranked study area.
This annexation is consistent with the City's Comprehensive Plan. The City of Dubuque
has the capacity to provide substantial municipal services to the annexation territory.
The territory is not subject to an existing annexation moratorium agreement. It is not
within the urbanized area of another city. The annexation is in the public interest.
Staff recommends City Council approval of the voluntary annexation request.
1
Prepared by: Q t ' Lc,-,) Reviewed:
NA- Date: ICI i[7Lf�
AVFA�ti r
Base Data Provided by Dubuque County GIS
Masterpiece on the Mississippi
Applicants:
Location:
Description:
Vicinity Map
McCoy Family Properties
10785 U.S. Route 61 South
Dubuque
had
aHnrrliee6p
'111'
2007 • 2012 .3919
To zone the property pending
annexation from Dubuque
County 61, Business zoning
district, to City of Dubuque
C -3 General Commercial zoning
district
Legend
10785 US Route 61 South
DISCLAIMER: This information was compiled using the
Dubuque Area Geographic Information System (DAGIS), which
includes data created by both the City of Dubuque and
Dubuque County. It is understood that, while the City of
Dubuque and partibpating agencies utilized the most current
and accurate information available. DAGIS and its suppliers do
not warrant the accuracy or currency of the information or data
contained herein. The City and participating agencies shall not
be held liable for any direct, indirect, incidental, consequential,
punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized
use of this data or the Inability to use this data or out of any
breach of warranty whatsoever.
Path: H: \Planning Services \EVBWrcGISMaps \Vicinity Map_McCoyFamilyProperties.mxd
1:5,000 NORTH
EXHIBIT : ANNEXATION MAP
/A PLOW
1:3,000
LEGEND
CITY LIMITS
MCCOY FAMILY PROPERTIES
EXHIBIT
LOCATION MAP
ANNEXATION AREA
LEGEND
DUBUQUE CITY LIMITS
MCCOY FAMILY PROPERTIES
1:95,000
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
PRE - ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
TRUCK COUNTRY
This Pre - Annexation Agreement ( "Agreement "), dated for reference purposes the
3rd day of September , 2013, is made and entered into by and between the
City of Dubuque, Iowa ( "City "), and McCoy Family Properties, Wausau Limited
Partnership and Truck Country of Iowa, Inc., an Iowa corporation, a.k.a. Truck Country
( "Owner ").
Whereas, Owner is the legal owner of real estate, the legal description of which
is set forth in Exhibit A attached hereto and incorporated herein by reference (the "Real
Estate "); and
Whereas, as of the date of this Agreement, the Real Estate is contiguous to the
corporate city limits of the city of Dubuque and constitutes territory which may be
annexed by the City of Dubuque as provided in Iowa Code Chapter 368; and
Whereas, Owner desires to have the Real Estate annexed by the City of
Dubuque, Iowa upon certain terms and conditions as hereinafter set forth; and
Whereas, notice of the proposed annexation shall be given to the parties legally
required to be notified pursuant to Chapter 368 of the Code of Iowa at the time the Real
Estate becomes contiguous to the City of Dubuque; and
Whereas, the City Council, after due and careful consideration, has concluded
that the annexation of the Real Estate by the City of Dubuque on the terms and
conditions hereinafter set forth would further the growth of the City of Dubuque, would
provide for the harmonious development of the City of Dubuque, would enable the City
of Dubuque to control the development of the area and would serve the best interests of
the City.
Truck Country Preannexation Agreement 073020I3MAQ
NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE
MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY
AGREED AS FOLLOWS:
SECTION 1.
Agreement is
Chapter 368.
Agreement.
SECTION 2.
Septembe
AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This
made pursuant to and in accordance with the provisions of Iowa Code
The foregoing preambles and recitations are made a part of this
TERM. The term of this Agreement is from the 3rd day of
r , 2013, until the annexation of the Real Estate to the City of Dubuque
is final.
SECTION 3. PETITION FOR ANNEXATION.
3.1. Owner, upon execution of this Agreement, will submit to the City Clerk, a Petition
for Annexation of the Real Estate by the City of Dubuque, Iowa, in the form provided in
Exhibit B. The City Clerk will file the Petition, submit it to the City Council for
consideration, and comply with the requirements of Iowa Code Chapter 368. Pursuant
to Iowa Code § 368.7(e), except as provided herein, Owner hereby waives the right to
withdraw the Petition or its consent to annexation.
3.2. At the time of filing the Petition, Owner will also submit an application for the
rezoning of the Real Estate to C -3 General Commercial District Classification. If the
Real Estate is not rezoned to that classification, the Petition for Annexation may be
withdrawn by Owner.
SECTION 4. SEWER SERVICE.
4.1. Upon execution of this Agreement, City will construct a temporary sewer lateral
service to the Real Estate as shown on Exhibit C (the `Temporary Sewer Service ").
Upon receipt of bids for the construction of the Temporary Sewer Service and prior to
the award of a contract for such construction, Owner shall advance City fifty percent
(50 %) of the amount of the bid determined by City to be the lowest responsive,
responsible bid or twenty thousand dollars ($20,000.00), whichever is less, towards the
cost of extending sewer, including permits and easement costs, engineering fees and
contingency, estimated to be fifty -five thousand dollars ($55,000.00).
4.2. Until such time as final annexation of the Real Estate by City, Owner will pay City
a monthly fee for sewer use that is 1.5 times the normal monthly fee for sewer use.
4.3. City shall maintain sanitary sewer grinder pump and sewer lateral service from
the pump to the manhole until such time as City installs a new gravity sanitary sewer, lift
station and force main as shown in the form attached as Exhibit D (the "Permanent
Sanitary Sewer ", at which time Owner shall be responsible for connecting to the
Permanent Sanitary Sewer within one (1) year of sewer availability. However, if
2
development of nearby parcels results in the installation of an accessible gravity
sanitary sewer before Owner connects to the Permanent Sanitary Sewer, plans for
Owner's Permanent Sanitary Sewer will be modified to reflect such development. If
such a gravity sewer is installed before Owner connects to the Permanent Sanitary
Sewer, Owner's connection will no longer require the installation of a gravity sanitary
sewer or lift station, and the fifty foot by fifty foot (50' x 50') permanent easement
described below in Section 4.6 would revert back to Owner.
4. 4. Owner agrees to pay any assessments or connection fees that may apply at the
time of connection to the Permanent Sewer Service in accordance with the City of
Dubuque Code of Ordinances. Additionally, City understands Owner will be replatting
its parcel(s) and as such, will result with one parcel on which it conducts all of its
operations. Owner will only be required to pay one assessment or connection fee,
based on the property as it is assessed, at the time of connection of the Permanent
Sewer Service, for all use on the resulting parcel; provided further, however, the actual
cost to hook up to Permanent Sewer Service after it is complete will be paid by Owner,
as provided below.
4.5. Owner, as the sole user of the Temporary Sewer Service, agrees to reimburse
City for maintenance costs associated with the grinder pump, alarm disconnect panel
and pipe from the pump to the discharge point for the Temporary Sewer Service, and
the replacement cost of the grinder pump for the Temporary Sewer Service, until such
time as the Permanent Sanitary Sewer is completed and Owner has connected to the
same. City will pay for the replacement costs of the alarm disconnect panel and the
pipe from the pump to the discharge point for the Temporary Sewer Service, until such
time as the Permanent Sanitary Sewer is completed and Owner has connected to the
same.
4.6. Owner agrees to execute and deliver to City a grant of permanent easement for a
fifty foot by fifty foot (50' x 50') permanent easement for a future sanitary sewer lift
station and a one - hundred foot by one - hundred foot (100' x 100') temporary easement
only during and for construction of said lift station along Lake Eleanor Road in the form
attached as Exhibit D.
4.7. Owner agrees to execute and deliver to City at the time of execution of this
Agreement a grant of easement for a fifty foot (50') wide temporary easement during
and for the construction of the Permanent Sanitary Sewer from Lake Eleanor Road
north along the western edge of the property as indicated on the diagram attached
hereto as Exhibit D. When construction of the Permanent Sanitary Sewer is completed,
the easement shall be reduced in size to a twenty foot (20') wide permanent easement
which shall remain in effect after construction of the Permanent Sanitary Sewer ceases.
SECTION 5. WATER SERVICE.
5.1. Owner agrees to petition the City Manager to connect to City water services upon
execution of this Agreement. The connection will link Owner's private water distribution
3
system to City water services as set forth in Exhibit E, Plan for Water Services. Owner
agrees to bring their existing water distribution piping system up to current standards
which includes but is not limited to, capping of their existing water wells and severing
the piping between the City water system and owners' water wells. Owner will install an
additional fire hydrant as indicated in red on Exhibit E. Owner agrees to pay a water
connection fee determined by calculating the per lineal front feet of Owner's property
adjacent to City's watermain multiplied by the connection rate at the time of connection
to City water services. The Owner owns 270.38 lineal front feet of property adjacent to
the City's watermain. For reference purposes, the water connection fee as of March 1,
2013 is twenty -eight dollars ($28.00) per foot. The water connection fee is based on
current rates at the time of connection to City water services and is subject to change
annually.
5.2. Owner agrees to pay individual water service tap fees if required for connection
to its existing private water distribution system to which City water service will be
provided prior to the actual installation of water taps. The water tap fee is based on the
size of the service area at the time of installation and is subject to change annually.
5.3. Owner agrees to install water service to City standards and ordinances and
obtain all required permits. Water piping located on Owner's property shall remain
private and be maintained by Owner. The section of pipe from the City connection point
through the County right of way may be dedicated back to the City if installed with eight
inch (8 ") diameter pipe after the standard bonding period for water main installation. All
water main pipe shall be ductile iron with nitrile gaskets. Smaller service lines shall be
type K copper. Owner shall supply City with set of as -built drawings of proposed water
piping installation when completed including their existing private water distribution
piping system.
5.4. Owner acknowledges that connection to City's water services prior to annexation
is subject to City Council approval, as required by the City's Code of Ordinances. If
such approval is denied, Owner will connect to City water services upon annexation. If
such approval is granted, Owner will pay City a monthly fee for water that is 1.5 times
the normal monthly fee for water use as required by the City's Code of Ordinances until
such time as the real estate is annexed, at which time the monthly fee will be reduced to
the normal monthly fee.
SECTION 6. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated to the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 7. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees
that the resolution approving the annexation application shall provide for the transition
for the imposition of City taxes against the Real Estate. The Real Estate shall be entitled
to the following partial exemption from taxation for City taxes for a period of ten (10)
years following the final order of the City Development Board, after the exhaustion of
any and all appeals from the action of the Board by any person or the expiration of the
4
time within which such appeals may be brought, approving the voluntary annexation of
the property shown on Exhibit A, resulting in the final annexation of the Real Estate into
the City:
1. For the first and second year, seventy -five percent.
2. For the third and fourth year, sixty percent.
3. For the fifth and sixth year, forty -five percent.
4. For the seventh and eighth year, thirty percent.
5. For the ninth and tenth year, fifteen percent.
SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successor, and assignees.
SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is
held invalid, such invalidity shall not affect any of the other provisions contained herein.
SECTION 10. DEFAULT BY OWNER.
10.1. Failure by Owner to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement constitutes an Event of Default.
10.2. Whenever any Event of Default occurs and is continuing, City may take any one
or more of the following actions after the giving of written notice by City to Owner of the
Event of Default, but only if the Event of Default has not been cured within sixty (60)
days following such notice, or if the Event of Default cannot be cured within sixty (60)
days and Owner does not provide assurances to City that the Event of Default will be
cured as soon as reasonably possible thereafter:
(1) City may suspend its performance under this Agreement until it receives
assurances from Owner, deemed adequate by City, that Owner will cure its
default and continue its performance under this Agreement;
(2) City may cancel and rescind this Agreement;
(3) Owner will reimburse City for all amounts expended by City in connection
with the Agreement, and City may take any action, including any legal action it
deems necessary, to recover such amounts from Owner;
(4) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments due
under this Agreement or to enforce performance and observance of any
obligation, agreement, or covenant under this Agreement.
5
SECTION 11. DEFAULT BY CITY.
11.1. Failure by City to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement constitutes an Event of Default.
11.2. Whenever any Event of Default occurs and is continuing, Owner may take any
one or more of the following actions after the giving of written notice by Owner to City of
the Event of Default, but only if the Event of Default has not been cured within sixty (60)
days following such notice, or if the Event of Default cannot be cured within sixty (60)
days and City does not provide assurances to Owner that the Event of Default will be
cured as soon as reasonably possible thereafter:
(1) Owner may suspend its performance under this Agreement until it
receives assurances from City, deemed adequate by Owner, that City will cure its
default and continue its performance under this Agreement;
(2) Owner may cancel and rescind this Agreement;
(3) City will reimburse Owner for all amounts expended by Owner in
connection with the Agreement, and Owner may take any action, including any
legal action it deems necessary, to recover such amounts from City;
(4) Owner may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments due
under this Agreement or to enforce performance and observance of any
obligation, agreement, or covenant under this Agreement.
SECTION 12. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
City of Dubuque
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
Truck Country
Attn: Nick Neis
10785 Route 61
Dubuque, Iowa 52003
6
CITY OF D BUQUE, IOWA TRUCK COUNTRY OF IOWA, INC.
4
By: By:
Roy D. B � I, Mayor Greg
ATTEST:
Kevin S. Firnstahl, Ci y Cler
STATE OF IOWA
DUBUQUE COUNTY
ss:
WAUSAU LIMITED PARTNERSHIP
By: 'fir
Greg M• t
j
oy, Its
h. ized Agent
MUICCOY FAMILY IOWA PROPERTIES
By: •
Johr)'k McCoy, I s Author] /z''d Agent -
On this r day of ,C,-2013, before me, a Notary Public in and for the State of
Iowa, in and for said ounty, personally appeared Roy D. Buol and Kevin S. Firnstahl, to
me personally known, who being by me duly sworn did say that they are the Mayor and
City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to said instrument
is the seal of said Municipal Corporation and that said instrument was signed and
sealed on behalf of said Municipal corporation by authority and resolution of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said Municipal Corporation by it voluntarily executed.
Notary Public, State of Iowa
STATE OF IOWA
ss:
°`TRISH1 L. GLEASON
Commission Number 719986
My Commission Expires
•
DUBUQUE COUNTY
On this day of �i««fi , 2013, before me, a Notary Public in and for the State
of Iowa, in and for sai county, personally appeared e f�a j l (J , to me
personally known, who being by me duly sworn did say that he /she is the
T/1`c.e of Truck Country of Iowa, Inc. and that said instrument was signed
7
on behalf of said company by authority of its members and that they acknowledged the
execution of this instrument to be the voluntary act and deed of said company by it
voluntarily executed.
lea
Notary Public, State o Iowa
STATE OF IOWA
: ss:
ini R! RICIHL.JEWETT
COMMISSION NUMBER 709703
MY COMMISSION EXPIRES
DUBUQUE COUNTY
On this d"'� day of 4-tL p2J1 -t , 2013, before me, a Notary Public in and for the State
of Iowa, in and for said county, personally appeared `' "`� icCe_ -t , to me
personally known, who being by me duly sworn did say that he /she is the
141 iw 2 cP iii - Viz,. =i- of Wausau Limited Partnership and that said instrument was
signed on behalf of said company by authority of its members and that they
acknowledged the execution of this instrument to be the voluntary act and deed of said
company by it voluntarily executed.
Notary Pub 4c1 g/State of Iowa
STATE OF IOWA
: ss:
DUBUQUE COUNTY
okt �E PAlRICIAL.JEWETT_
COMMISSION NUMBER 709783
MY comm /SSIOtaXPIRES"'
On this `�''� day of A, r ,,f.,� , 2013, before me, a Notary Public in and for the State
of Iowa, in and for saidGcounty, personally appeared •;TG;, -i tQ fl?e& to me
personally known, who being by me duly sworn did say that he/S[4 is the
F4-4,,,,:.,,,.,4 4n of McCoy Family Iowa Properties and that said instrument was
signed on becialf of said company by authority of its members and that they
acknowledged the execution of this instrument to be the voluntary act and deed of said
company by it voluntarily executed.
I A J (In J e. a
• -�. ,
Notary Publk, at of Iowa
8
MU NI JAMES
Ge rn to to n Mater MOP
My Gomr_§lon5e
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EXHIBIT E:
ATTACHMENTS:
Legal Description and Plat of the Real Estate
Petition for Annexation
Plan of Sewer Service
Sewer Easements
Plan of Water Service
EXHIBIT A:
LEGAL DESCRIPTION OF THE REAL ESTATE
10
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 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 1/4 of 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;
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 1/4
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.
11
{'age 1 of 12)
PREPARED BY I.YL P.C. 4155
0! 102 027000050202 TIPIYM004O
Ott ID: Ed)55i0Gb+lt TYPO Nll
MIFo: 6uO 0y1/I l/2 PUT
rpo Mld: 01.00 000O tt ? 24P:25 NI
Oubuggs' CtW,ly lw0 1 0l 12
Ksthv 51590 lh'f1W POCOrdix
F11.2013- 00000180
YIVNI'A AVE NPBCBF', IOWA . <to)) 555 -2404
FINAL PLAT
WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA
PREPARED FOR
TRUCK COUNTRY
0/0 NICHOLAS NEIS
2099 SCUTHPARK COURT
DUBUQUE, IOWA 52003
PHONE: 583 -451 -1287
FAX: 563 -594 -2698
THIS SUBDIVISION IS LOCATED 111 THE
NORMWEST 1/4 OF SECTION 12,
TOWNSHIP 88, RANGE 2 EAST 0' THE
5TH P.A., DUBUQUE COUNTY, IOWA.
101. T/
%BB/7 1Y �g1.r.
�Snj 4■£ Y1-q
f4/ N
KRnf e02), �it17/0
/
PROPRIETOR: AS SHOAT' �OS
PREPARED FOR: TRUCK COUNTRY OF IOWA, INC.
DATE PREPARED: OCTOSFR 9, 2012
LEGEND
�-- SUBCDRSION BOUNDARY
LOT LINE
FOUND 5/8" IRON ROD W/
CAP NO. 12631
0 FOUND 1 1/4" IRON PIPE
O SET 5/6" IRON ROD W/ YELLOW
PLASTIC CAP NO. 11306
RECORD INFORMATION
: )
1IN
L1
L2
1.3
L4
L5
L6
L7
LQI AREA SUMMARY
LOT A 22,980 SQ. FT.
LOT B 2550 SQ, FT,
LOT 0 1.050 5Q. FT..
LOT D N,.7_02 SO ET.
TOTAL 36,262 SQ. ET.
0 0.83 ACRES
KEY WEST MINI
STORAGE
S62'46'35 'E 60.03'
�- 30.00'
I 30.00
LOT 2
MCCOY PLACE
MCCOY FAMILY
101YA FROPERTCS
N
58,310'00 „E)
130,32
LOT 1 MCCOY PLACE
WAUSAU LIM•TEO PARTNERSHIP
152'26'25 "W 60.99'
BEARING DIST
142728157 "E 85.00'
N27'20'57 "E: 35.00'
N62'49'05 "W 30.00'
527'28'570W 65.00'
562'49'05 "E 30.00'
52]'28'57 'W 35.00'
550'55'500E 30.62'
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD
AND NOT OF RECORD.
(6o
SW CDR.
LOT 1
NOPITH
GRAPHIC SCALE
0 100
200
CRANING MAY HAVE DEER REDUCED
I WAi Y [mNV tldt 1.42 LJ15 4..11mt\1.110 00(4144 YAI.
PA +1 � O IUPATAl, 1101.1 B[V IA4FEY00 V.,01...3 S Cf HY
051AIL 61054.
MAY A. '.
COLDERS
1.5 11308+
A
8
ntarcx m
a'T / /20/2 —c,,., .,mn niiR”" ,"•'`°`°.'
0410 I10:61I . PIAT l.O. xfi -IA -12
CNE04101YAC POOL 02 51413
ATE I0 .02.12 111001 1 el 2
A VnU1kkou'A rr
110. 305 02 B20.22 501E5.. WE 1512/41/2012
...... �... a„ •0505052
M.'
1L.
GAO
3110 NN2¢ber: 2013 - 00000180 Seq: 1
(Raga 2 at 12)
PAEPAero BY ,p, C. 4155 AEI
eA A
,
U4
FINAL PLAT
WALLER STREET SUBDIVISION IN DUBUQUE COUNTY, IOWA
SURVEYOR'S GERTIEICAlf
1, Wray A. Odours, a buly Licensed Land Surveyor In tho State of Iowa, do hereby
certify that the fclowng reol estate was surveyed end plotted by me or under my
direct personel superviston, To Wit:
A parcel of root estato as described fn the Defeult old Consent Judgment Quieting
Title, Equity Action 0131lCCV 100472, Mad August 27, 2012 In the Clerk of District
Court butuque County, Iowa, described cs follows;
Al that part of Weiler Street In Dubuque County, lowo, that is northerly of the
easterly extension of the northeasterly line of lowo Street In Dubuque County, Iowa,
containing 0.83 acres more or less. Sold port of Waller Street being located
noutheasterly of and contiguous to Tots 60 and 61 In the Village of Key Yost; and
southeasterly of and canUguads to Lot 3 of the Northwest Quarter of Scotian 12,
Township 88 North, Range 2 East of the 5th P.M., according to the recorded plats
thereof, Dubuque County, Iowa,
This survey was performed for the purpose of subdividing and platting sold real estate
henceforth to bo known as Waller Street Subd!Wotan In Dubuque County. lowe,
containing 0.83 asreo, more or loss, and subject to easements, reservations,
restrictions, and rights -of -way of record old not of record, iho plat of which Is
attached hereto and mode a port of this cettiticoto.
G"diil�f
rt[5LP ffi]OlAY9 ttP1
• LISHILMIS
GIEGSta WAG
OA4 10-00-12
7110 fluubor: 2013- 00000100 Ong: 2
(Page 3 of 12)
OWNERS' CONSENT
Dubuque, Iowa c1#o'0er 31 , 2012
The foregoing plat of Waller Street Subdivision in 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.
MCCOY FAMILY IOWA PROPERTIES, L.P.,
13Y MCCOY FAMILY, LL.C., General Partner
Robert L. eCoy, Manager
STATE OF NEVADA, COUNTY OF CLARK
This instrument was acknowledged before me on October 3 ( , 2012 by Robert L.
McCoy as Manager of McCoy Family, L.L.C., General Partner ofMcCoy Family Iowa Properties,
L.P.
NOTARY P000O
STATE OF NEVADA
Cooly OM*
i JONN OACOITOLO
oa
Inlment EU ras Do.20,201
14
File bloater: 2013-00000180 seq: 3
(Page A of 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.
(Stamp orsval)
PATRICIAL JEWETT
COMMISSION NUMBER 709703
MYCOMI SSII EXPO ES
otary Public in a of for said Stat
ELIZABETH R. KIRPES TRUST DATED APRIL 28, 2010,
y
et h R. Kirpcs, as Tr
STATE OF IOWA
) ss:
COUNTY OF DUBUQUE )
On this ?Jr day of October, 2012, before me, the undersigned, allotary 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. Kirpes 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.
(Slump or Seal)
15
Vile Camber: 2013 - 00000100 seg: h
(page 5 of 12)
STATE OF IOWA
)
) ss:
COUNTY OF DUBUQUE )
On this 2-.0-11+ day of October, 2012, before me, the undersigned, a Notary Public in and
for the said State, personally appeared, to me Icnown to be the person named in and who executed
the foregoing instrument, and aeknowledged that he executed the same as his voluntary at and
deed.
(al 4 FAIN ENO LER
Onrt)Yke Rubel TOW
16
Notary Public
Fi7.e Number: 2013 - 00000180 Hug: 5
(rage 6 of 12)
ATTORNEYS AFFIDAVIT
I, Chad C. Leitch of O'Cennor & Thomas, P.C., certify that the property platted at Lola A,
B, C and D of Waller Street Subdivision in Dubuque County, lowa is owned by McCoy Family Iowa
Properties, LP, Wausau LimitedPartnership, ElizabethR. Kirpes Trustee of the Elizabeth R. Kirpes
Trust dated April 28, 2010 and Justin R. Herrig subject to real estate taxes.
O'CONNOR & THOMAS, P.C.
By:
Chad C. Leitch
n nit
Subscribed and sworn to before me this day of ehigex"' ,2012.
IAMY GLEASON
Commission Number 771 00
My Comm. Exp.
17
Notary Public
ale Renter: 2013 - 00000180 Seq: 6
(gage 7 of 12)
COUNTY TREASURER
Dubuque, Iowa
%,) -AO , 2aj
1, the undersigned, Erie Stterntan, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes
levied against that part of Waller Street right -of -way contained in Waller Street Snbdivialou b the
Northwest Quarter of Section 12, Township 88 North, Range 2 East of the Sth P.M., in Dubuque County,
Iowa have been paid and said real estate is free and olear of all taxes as of this date.
Eric Stiennan
Dubuque County Treasurer
18
Filo Number: 2013 - 00000180 Seq: 7
(Page 8 or 12)
COUNTY BOARD OF HF,AT.TH
Dubuque, Iowa
J1-13-12.- ,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, Iowa
Dubuque County Board of Health
Chairperson
PLANNING SERVICES_- CITY OF DUBUQUE
Wel/ '7 ,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 under Section 354 of the Code of Iowa, has been
reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Article I I: Land
Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed
herein an the date first written above,
Planning Services Division
City of Dubuque, Iowa
City Planner —Laura Carstens
2i.1e Hwnbor: 2013 - 00000180 Seg: 8
(gage 9 or 12)
Dubuque, Iowa
COUNTY PLANNING AND ZONING
2ec', /T ,zo /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
County Planning and Zoning Commission
COUNTY EOARD OP SIIPERVISORS
-7AN. 2 , 211 /3'
The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the
foregoing plat of Waller Street Subdivision in Dubuque County, Iowa has been filed in the office of
the County Board of Supervisors, that by Resolution No. , the Dubuque County Board of
Supervisors have reviewed and approved said plat.
Dubuque County Board of Supervisors
ATTEST:
Chairperson
De tse h,. Dolan, Dubuque County Auditor
20
rile Number: 2013 - 000001130 Seq: 9
(Page 10 of 12)
COUNTY_ Ai1DITOR
Dubuque, Iowa
The foregoing plat of Waller Street Subdivision in
office of the Dubuque County Auditor this add,
Dubuque County, Iowa ds� entice of, t'e.ebre rt4
day of,t (IJiitk t tr. .t.''‘:"? 20It'(v
We approve of the subdivision name or title to be recorded.
Dubuque, Iowa
b
Dense' Dolan
County Auditor of Dubuque, I
..t4
COUNTY ASSESSOR
The foregoing plat of Waller Street Subtiivisio
office of the Dubuque County Assessor this
201„d—
in Dub ue County, IQwa was entered of record in the
ydayof, /1�8�p_ 2012-
Davi: S. Kubik
Dubuque County Assessor
File Number: 2013 - 00000180 Pug: 10
(Page 11 eV 12)
COUNTY ENGINEER
Dubuque, Iowa
, 20.E
The foregoing plat of Walter Street Subdivision in Dubuque County, Iowa has been reviewed for
compliance with current Dubuque County Plotting and SS,#division regulations and has been approved by
the County Engineer of Dubuque County, Iowa, this '6 day of_NLVernber , 2012
Bret Wiildnson
Dubuque County Engineer
PLATS OFFICER
Dubuque, Iowa 4 a 20 /Z.
I, the undersigned, Anna M. O'Shen, Dubuque County Plats Officer, have reviewed and examined for
compliance with the Dubuque County Platting and Subdivision Ordinance the foregoing plat of Walter
Street Subdivision in Dubuque County, lowa and have found said plat to be acceptable.
aa_cL
Anna M. O'Shea
Dubuque County Plats Officer
RECORDER'S CERTIFICATE
Dubuque, Iowa
2023
The foregoing plat of Walter Street Subdivision in Dubuque County, Iowa has been reviewed by the
Dubuque County Recorder.
Kathy Q/lynn Thurlow
Dubuque County Recorder
22
File nhber: 2013- 00D00100 Seq: 11
(Page 12 of 12)
RESOLUTION- Is -so,
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 NW1 /4 of Section 12,
TBBN, R2E of the 5'h PM, Table Mound Township, Dubuque County, Iowa; and
WHEREAS, said plat will create four (4) lots, namely Lot A, Lot B, Lot C and Lot D 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 Board of Health, Dubuque County Engineer, Dubuque County
Treasurer and Dubuque County Plats Officer and bas their approval and endorsed thereon; and
WHEREAS, said plat has been examined by the Board of Supervisors of Dubuque
County, Iowa, and they find the same 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 within the 13-1", Business 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 be an integral part of Lot 3 in the NW1 /4
and Lot 2 of McCoy Place,
Lot B of Waller Street Subdivision will bean 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 integralpart of the NE 35' of Lot 60
in the Village of Key West,
Lot D of Waller Street Subdivision will be an integral part of Lot 1 of McCoy
Place all in Section 12 (188N, 1125) Table Mound Township, Dubuque County,
Iowa.
3. That the above described plat be and is hereby approved and the Chahperson 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
2nd dayofJanuary 2013.
An
Mona Mantemach, Deputy
Dubuque County Auditor
Erie Mantemacb, Chair
Board of Supervisors
23
GA
File Number: 2013- 00000180 Seq: 12
EXHIBIT B
PETITION FOR ANNEXATION
24
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),
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 1512107007,
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.
25
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 day of
Telephone:
Subscribed and sworn before me this day of
Notary Public
26
ATTACHMENTS:
EXHIBIT A: Legal Description
EXHIBIT B: Plat of Annexation
27
EXHIBIT C
PLAN OF SEWER SERVICE
28
t I
CONNECT TO EXISTING MANHOLE
CORE DRILL EXISTING MANHOLE TO
RECEIVE PIPE AND PROVIDE WATER
TIGHT SEAL, SAVICUT, REMOVE AND
REPLACE EXISTING FCC PAVFAIENT.
FULL PANEL REPLACEMENT AND
DOWELSREOUIRED.
y \2
GROUND ELEV.. 770 6
1Y' PIPE ELEV. =7725
GROUND ELEV. - 774
1Y' PIPE ELEV. •7331
- MAINTAIN POSITIVE SLOPE
UP TO MANHOLE CONNECTION
POINT.
GROUND ELEV.• 7771
PIPE ELEV. = 767 t
GROUND ELEV.. 779=
IY" PIPE ELEV. •7665
•
GROUND ELEV, =731 -
1y,, PIPE ELEV. • T
PIPE LOW POIOI POINT
151��O'J
PROPOSED PIPE
GROUND ELEV.. 766
1.4! PIPE ELEV =755±
2' ELECTRICALCONOLIII '
AND WIRE TO ALARM DISCOFINET " ' •
PANEL AT PUMP. PROVIDE 30 AMP
, CIRDLIO' FOR PUMP
■, tea, p��y()
. �L !
INTERCEPT AND REDIRECT FLOW
TO E -ONE PUMP. COORDINATE PIPE SIZE
WITH PUMP MFG. PUMP, CLEAN AND PROPERLY
ABANDON EXISTING TANK.
III' NAF
PROVIDE 5" CONCRETE SLAB (W6)
AROUND PUMP. INSTAI L 4.5 I " ROI ARDS
) AT PERIMETER.
,.xunmrvo
111W 131l81'ETA
.�-1. 676 -05.20
E-ONE DUPLEX PUMP
D/4152-120
CRUD ELEV • 774 t
•
RI
GROUND Fl F.V. =]B9t I1
14" PIPE ELEV. • 757 t ` q7
GROUND ELEV. • 7721
1X,' PIPE ELEV. = 7656
0 50' 100'
s' ECP I LE 1'1=100' FEET
1 1
200'
Dubuque
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL. SO V., 13414
OUBIJOUt.119 1.001-9M.
omncr. IC I 1.74,0, 11* INN
TIRUCK COUNTRY
C -ONE DUPLEX PUMP
SANITARY SEWER LATERAL
6.114..., 1 „ 1
29
EXHIBIT D
EASEMENT
30
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20' WIDE SANITARY I 1
SEWER_EA$EMENT �// /III
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npl l�lll
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20 WI HE EASE
SE -
SEE/ EET 1
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0 50' 100' 200'
SCALE 1" =100' FEET
bubuquu
''III.
2007
CITY OF 73U33UQUE
ENGINEERING DEPARTMENT
cm. How_ zoweonam *maw/
m.w. f-
,u .�w.1
wlo
W TRUCK COUNTRY
FUTURE. SANITARY S TER
tee. x.e. EN Pa.. 2 + 2
32
EXHIBIT E
PLAN OF WATER SERVICE
33
ments of record;
£il'Y OF 01JUUQUE9 Lot 2 -1 -1 -1 of the NW
1CWA Y. of Section 12 Town
N ®'DICE L I PUBLIC ship 88 North, Range 2
tiEAIPl+G East of the 5thP.M. ac
NOTICE � 15 HEREBY cording to the plats
GIVEN that the Dubu- thereof m Dubuque
que City Council will County, Iowa, subject
hold a public hearing to highway and ease -
on a voluntary annexa- ments of record;
tion request by McCoy Lot 1 of McCoy Place;
Family Properties for Lot 2 of Lot 1 of Lot 1 of
the voluntary annexa Lot 2 of Lot 2 of the NW
tion of territory south Y. all in Section 12
of the city, and genet-- Township 88 North,
ally located at Truck Range 2 East lof the 51
Country, 10785 U.S. h P.M. according to the
Highway 61/151. The plats thereof in
public hearing will be Dubuque County, to
cord; the vacated
streets and alleys abut -
y Council ting said properties;
toric Fed- and to the centerline of
350 W, all abutting' Dubuque
hts-
held: wa subject to hig waY
DATE:. Monday, De- and easements of re -'i
cember 16, 2013
IME- 6:30 p.m
PLACE: Cit
Chamber, His
Coun Y p
on h rm
CX
s: may present or t are'
t ubhc rig
of way.
At the public ea 9;
ail interested al and
eral
Building,
6th Street Dubuque
Iowa
OT Ine prgpUSetl at �i �.
ation territory follow
Lot 2 of McCoy Pla
and Lot 3 of the Nw
11 Sectio h 1R To 2 doc
file in
accordmgi to the plats the City clerks
and may be viewed..
ce written commen s
y, garding the proposal
Town- Copies of isupportmg
uments for the pub -
a in
ship 88 Nort , ange
East of the 51 h P.M. lid hearing are sn0
thereof m Dubuque
County, Iowa, subject during normal working
to highway and ease- hours.
Any visual or hearing
impaired persons
needing special assis
tance 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 priorsto!
the meeting.
it 11/15
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: November 15, 2013, and for which the charge is $26.03.
Subscribed to before m ;- , Notary Public in and for Dubuque County, Iowa,
this day of
,20.3 .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Ce ; Exp. FEB. 1, 2r < .c
CITY OF DUBUQUE, At the public hearing,
IOWA` alt interested parties
NO`YICE OF PUBLIC may present oral 'and
HEAR Nu written comments re-
NOTICf IS HEREBY garding the proposal.
GIVEN that the Dobu- Copies of supporting
que:City Council will !; documentsforthepub-
hold a public hearing Iic hearing are on file in
on a'voluntarylannexa- , the City Clerk's Office
tion request by McCoy and may be viewed
Family Properties for during normal working
the voluntaryiannexa hours.
tion of territory south Any visual or hearing
of the city, and gener- impaired persons
ally ;located a# Truck needing special assis-
Country, 10785 U.S. tance or persons.` with
Highway 61/151. The special : accessibility
public hearing will be 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.
t 12/10
held.
DATE: Monday, Janu-
ary 6 2014
TIME: 6:30p.m.
PLACE: City Council
ChamBber, Historic Fed-
W
eral uilding,; 350 W.
6th Street, Dubuque,
Iowa
The legal description
of the proposed annex-
ation territory follows:
Lot 2 of McCoy Place
and Lot 3 of the NW 1/4
all in Section 12 Town-
ship 88 North, Range 2
East of the 5th P.M. ac-
cording to the plats
thereof in Dubuque
County, Iowa, subject
to highway and ease-
ments of record;
Lot 2 -1 -1 -1 of the NW
1/4 of Section 12 Town-
ship 88 North, Range 2
East of the 5th P.M., fl
according to the United
States Government
Survey and the record-
ed
plats thereof sub-
ject 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 1/4 all in Sec -''
tion 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 high-
way and easements of
record; Lots A and D of
Waller Street Subdivi-
sion, all in Section 12
Township 88 North,
Range 2 East of the 5th
P.M. according to the
plats thereof in Dubu-
que County, ,Iowa, sub -''
ject` to highway and
easements of record;,'-
and to the centerline of
the adjoining public
rights-of-way, includ-
ing the North 1/2 of
Lake Eleanor Road
from US 61/151 west to
this annexation territo-
ry and the South 1/2 of
Chestnut Street from
US 61/151 west to this
annexation territory,
all in the County of Du-
buque, Iowa.'
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: December 10, 2013, and for which the charge is $31.17.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this i4e,4 day of ) , 20 7 .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Bp, FEB, 1, 2017