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City of Asbury Voluntary Annexation CITY DEVELOPMENT BOARD STATE OF IOWA ~ ° c~~ ~ ~ ~ (~ -~ a ~ .~ ;`: -~} -~ i 1 1 ~o ~ rn - y _"` .. ~ -- ~,~, IN THE MATTER OF THE CITY OF ) CASE NUMBER: NC07-11 /ASBURY ASBURY VOLUNTARY ANNEXATION ) INCLUDING NON-CONSENTING ) NOTICE OF PUBLIC HEARING OWNERS ) TO: Cities of Asbury and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa State Attorney General, Iowa Department of Transportation, affected public utilities and property owners. You and each of you are hereby notified that the City Development Board will, pursuant to Section 368.7 Iowa Code, hold a public hearing on the above captioned matter at 1:00 p.m. on June 7, 2007, in the ICN/Main Conference Room, 2nd Floor, at the Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa. There will also be ICN availability for this hearing. The origination site will be at the Iowa Department of Economic Development at the above address, and the site in Dubuque will be at the Hempstead High School, 3715 Pennsylvania Avenue, Dubuque, Iowa. This hearing is being held pursuant to Section 368.7 Code of Iowa concerning a proposal for voluntary annexation of territory to the City of Asbury. This proposal contains some territory without the consent of the owner. Such proposals require approval of 4/5's of the City Development Board after a public hearing. You are invited to attend this hearing to present evidence for or against the proposed annexation. NC07-11 Asbury Prepared by: Steve McCann 5151242-4719 City Development Board / 200 E Grand Avenue /Des Moines, IA 50309 If you have any questions or wish further clarification, please contact me at (515) 242-4719. CITY DEVELOPMENT BOARD S~~ R, ~~`~`~ Steven R. McCann, Administrator City Development Board NC07-11 Asbury Prepared by: Steve McCann 5151242-4719 City Development Board / 200 E Grand Avenue /Des Moines, IA 50309 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter US West Dubuque Co. Attorney 615 3rd Avenue SW 720 Central Avenue Cedar Rapids, IA 52401 Dubuque, IA 52001 McLeod USA Mr. Wayne Demmer 6400 C Street, SW Dubuque Co. Bd. of Supervisors Cedar Rapids, IA 52404 720 Central Avenue Dubuque, IA 52001 Mediacom, Attn.: General Manager 3033 Asbury Road Mr. Fred Dean Dubuque, IA 52001 Iowa Dist. Trans. Planner 8723 NW Blvd, PO 2646 Qwest Davenport, IA 52809 3565 Utica Ridge Road Bettendorf, IA 52722 Ms. Kelley Deutmeyer ECIA Alliant Utilities 3999 Pennsylvania Avenue, Ste. 200 8000 Chavanelle Road Dubuque, IA 52002 Dubuque, IA 52002 Mr. Theodore Huinker Aquila Asbury City Attomey 1015 Cedar Cross Road 5080 Asbury Road Dubuque, IA 52003 Asbury, IA 52002-2522 AT&T Communications Ms. Sara Burke 3001 Cobb Parkway, Rm. 162 Asbury City Clerk Atlanta, GA 30339 5080 Asbury Road Asbury, IA 52002-2522 Mr. Steven Meyer 13956 Brick Mason Lane Mr. Barry Lindahl Dubuque, IA 52002 Dubuque City Attorney 300 Main St., Ste. 330, Harbor View Place Ms. Jeannette Meyer Dubuque, IA 52001-6944 15365 Hales Mill Road Dubuque, IA 52002 Ms. Jeanne Schneider Dubuque City Clerk Mr. & Mrs. Garth Tomkins 50 West 13th Street 15482 Hales Mill Road Dubuque, IA 52001-4864 Dubuque, IA 52002 MCI, Engineering Dept. Mr. Jonathon Buechele 560 2nd Avenue SE 15373 Hales Mill Road Cedar Rapids, IA 52401 Dubuque, IA 52002 Mr. John Buechele 15409 Hales Mill Road Dubuque,lA 52002 NC07-11 Asbury Prepared by: Steve McCann 515!242-4719 City Development Board / 200 E Grand Avenue /Des Moines, IA 50309 Mr. & Mrs. Jeffrey Kuhl Mr. & Mrs. Arthur Searles 15460 Hales Mill Road 3146 Hales Mill Road Dubuque, IA 52002 Asbury, IA 52002 Ms. Sally Schrobilgen Mr. & Mrs. Jeffrey Neuses 15456 Hales Mill Road 180 Summer Drive Dubuque, IA 52002 Asbury; IA 52002 Mr. & Mrs. Charles Haun Mr. & Mrs. Raymond Fishnick 15418 Hales Mill Road 2875 Autumn Drive Dubuque, IA 52002 Asbury, IA 52002 Mr. & Mrs. Craig White Ms. Virginia Farmer 200 Summer Drive 3035 Hales Mill Road Asbury, IA 52002 Asbury, IA 52002 Mr. & Mrs. Ronald Hoffman Mr. & Mrs. Michael McCann 2825 Autumn Drive 3078 Hales Mill Road Asbury, IA 52002 Asbury, IA 52002 Mr. & Mrs. Cecil Woodward Ms. Mary Peterson 160 Summer Drive 3040 Hales Mill Road Asbury, IA 52002 Asbury, IA 52002 Mr. & Mrs. Hans Becker Mr. & Mrs. Thomas Nugent 3096 Hales Mill Road 14036 Dietz Drive Asbury, IA 52002 Dubuque, IA 52002 Ms. Colletta Foster Mr. & Mrs. Daniel Leytem 3060 Hales Mill Road 16934 Lenore Lane Asbury, IA 52002 Dubuque, IA 52002 Mr. Raymond Steinlage Mr. & Mrs. Donald Herbst 14074 Dietz Drive 14014 Dietz Drive Dubuque, IA 52002 Dubuque, IA 52002 Mr. & Mrs. Ronald Graper Ms. Jennifer Mills 14102 Dietz Drive 14181 Dietz Drive Dubuque, IA 52002 Dubuque, IA 52002 Mr. & Mrs. Matthew Davis Mr. & Mrs. John Meyer 14130 Dietz Drive 140 Summer Drive Dubuque, IA 52002 Asbury, IA 52002 Mr. & Mrs. Michael Oppelt Callahan Construction 3344 Brook Meadow Ct. 7629 Commerce Park Asbury, IA 52002 Dubuque, IA 52002 Mr. Oxus Grotto Mr. & Mrs. Dale Launspach c/o Ed Kiefer 2950 Hales Mill Road 1313 O'Hagen Street Asbury, IA 52002 Dubuque, IA 52002 NC07-11 Asbury Prepared by: Steve McCann 515/242-4719 City Development Board / 200 E Grand Avenue /Des Moines, IA 50309 Mr. & Mrs. Gerald Besler 3045 Hales Mill Road Asbury,lA 52002 Mr. & Mrs., Richard Robertson 14005 Brick Mason Lane Dubuque, IA 52002 Theodore Buecheee 13979 Brick Mason Lane Dubuque, IA 52002 Theodore & Karen Buechler 13975 Brick Mason Lane Dubuque, IA 52002 Alma Brehm 15450 Hales Mill Road Dubuque, IA 52002 Marilyn Mae Koehler 15436 Hales Mill Road Dubuque,lA 52002 Berdetta Burdt 10514 Daisy Hill Lane Dubuque, IA 52001 Mr. & Mrs. Emest Winch 220 Summer Drive Asbury, IA 52002 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 14th day of May, 2007. LOCAL DELIVERY Honorable Tom Miller, Iowa Attorney General Be Br ndhof, Admini rative Assistant NC07-11 Asbury Prepared by: Steve McCann 515/242-4719 City Development Board / 200 E Grand Avenue /Des Moines, IA 50309 Appendix A Legal Description of territory to be annexed to the City of Asbury, Iowa CDB Case No. NC07-11 That the territorial limits of the City of Asbury, Iowa, be and they are hereby extended to include the area comprising the following described real estate to wit: 1. Lot 2 of Lot 1 of Lot 2 of Lot lof Lot 1 of Lot 1 of Lot 1 of the West 1/2 of of West 1/2 of Sothwest 1/4 of Section 17, Township 89 North, Range 2 East of 5th P.M. in Dubuque Township, Dubuque County, Iowa, according to the Plat there of in Book of Plats #24, Page 90; Also easement for road purposes for foot and vehicular travel over and across Lot 2 of 2 of 1 of 1 of 1 of 1 of W 1/2 of W 1/2 of SW 1/4 and over and across easement "A" in said Section 17, T89N, NR2 of 5th P.M. as shown on plat of said Easement "A" in book of plats #27; page 396, records of Dubuque County, Iowa. (Steven Larry Meyer) .416 acres. 2. Lot 2 of Lot 2 of Lot 1 of West 1/2 of West 1/2 of Southwest 1/4 of section 17, Township 89 North, Range 2 East of the 5th P.M. in Dubuque Township, Dubuque County, Iowa. (Jeannette Meyer) .351 acres 3. Lot 1 in Block 1 of "Kuntz Valley Heights" in Section 17, Dubuque Township, Dubuque County, Iowa. (Garth & Jane Tomkins) .3528 acres 4. Lot 2 in Block 1 of "Kuntz Valley Heights" in Section 17, Dubuque Township, DubuqueCounty, Iowa. (Garth & Jane Tomkins) .2755 acres 5. Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of "Buechele Place in Dubuque Township, Dubuque County, Iowa" and a perpetual non-exclusive access easement for ingree and egress to and from said lot, to Hales Mill Road, over and across "Access Easement 'B' for Driveway Purposes' and "Existing Access Easement'A' for Road", according to the Plat thereof, in Book of Plats #34, page 315, records of Dubuque County, Iowa. (Richard and Elizabeth Robertson) .51 acres 6. Lot 1 of Buechele Place No. 3 a subdivision of Lot 2 of Buechele Place No. 2 situated in Sections 17 and 18, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa. (Elizabeth Ann & Richard Robertson) 3.0 acres 7. Lot 1 of the subdivision of Lot 2 of Lot 1 of Lot 1 of Lot 2 of "Buechele Place" in Dubuque Township, Dubuque County, Iowa. (Theodore Buechele) .51 acres 8. Lot 2 of the subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of "Buechele Place" in Dubuque Township, Dubuque County, Iowa. (Theodore & Karen Buechele) .28 acres 9. Lot 2 of Lot 1, and Lot 2 Buechele Place in Dubuque Township, Dubuque County, Iowa, (Jonathon Buechele) .123 acres 10. Lot 2-2, Buechele Place, Section 17 & 18 in the County of Dubuque. (Jonathon Buechele) .239 acres 11. Lot 1 of Buechele Place No. 2 according to the recorded plat thereof (being a division of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Buechele Place, lying within Section 17 & 18, Township 89, North Range 2 east of the 5th P.M, Dubuque County, The territory extends to the center line of all secondary roads adjacent to the above described properties. Appendix A Legal Description of territory to be annexed to the City of Asbury, Iowa CDB Case No. NC07-11 Iowa together with and subject to all rights and easements of record. (John J. Buechele) .87 acres 12. Lot 3 in Block 1 in "Kuntz Valley Heights" in Section 17, Dubuque Township, Dubuque County, Iowa. (Jeffrey & Lori Kuhl) .2755 acres 13. Lot 4 of Block 1 "Kuntz Valley Heights" in Section 17, Dubuque Township, Dubuque County, Iowa. (Sally A. Schrobilgen) .2755 acres 14. Lot 5 of Block 1 "Kuntz Valley Heights" in Section 17, Dubuque Township, Dubuque County, Iowa. (Alma Brehm) .2755 acres 15. Lots 6 & 7 of Block 1 of Section 17, T89N, R2E of Kuntz Valley Heights. (Marilyn Mae Koehler) .551 acres 16. Lot 8 in Block 1 of "Kuntz Valley Heights" Dubuque Township, Dubuque County, Iowa. (Charles J & Stella Haun) .17218 acres 17. Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of the west half of west half of southwest 1/4, Section 17, T89N, R2E of the 5th P.M. Dubuque Township, Dubuque County, Iowa. (Charles J & Stella Haun) .10124 acres 18. Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of the west half of west half of southwest 1/4, Section 17, T89N Range 2 East of 5th P.M., Dubuque Township, Dubuque County, Iowa. (Charles & Stella Haun) .0675 acres 19. Buechele Place Lot 1 Section 18 T89N R2E of the 5`h P.M., Dubuque Township, Dubuque County Iowa (Berdina & James & Frederick Burdt) 40 acres Total acres to be annexed 48.65282 Total acres included without the consent of the owners 1.88222 The territory extends to the center line of all secondary roads adjacent to the above described properties. 1-1JISUICY t~1V1V1/1lAl1V1V LUU/ Page 1 of 1 ASBURY ANNEXATION 2007 1 1 s ~s ,~ a a s r a t :•:: ~ ~t:t:(1 Nul f##3EEt' . :!#I:l YMt1s##~}}i : t .3t: I•:::.1 iltlt ? i#:il##fl• 1 il1:1:31s:::..1?i . ~~ ,. ~ f Eoppr~ht (cr1007-Dubuque rtty, 1 ~ ~~~~~~ ~~ P7fCeli ~f lEOti~}i Qty df A*btY]1 A•1 Aynoutiurai Q A-4ApriwYuraf # ~##j ~ C-0Cerrn,wreari C•i Cen.n.rcai ri##i C•2Camnrr.is1 #t;# 6! 4~+ lQ» R•7R..id.nii.l R•7Rrad~pid R•~Roie.r,ul • ; v8ri0n SyStr~rn~ DISCLAIMER All Information Is believed accurate but Is NOT guaranteed to be without error. This map and Its undedying date are intended to be used as a general Index to land related Information and are not Intended for detailed, alts-spedflc analysis. Printed: 02/26/2007 1138:24 AM • ''**^•//w ,~.dbeco.org/pvweb2-dubuque/print.do?titleBox=on&title=A.. JRY+ANNEXATION+2007&scalebarBox=on&nort... 2/~t,/2~~~ ~ o ~ 3 ~ ~' - ~-- `~ C ~ ~ ~ ~ ~ ~ ~' T'~ ~' a `=; BEFORE THE CITY DEVELOPMENT BOARD S'' O N ~ STATE OF IOWA "~ w IN THE MATTER OF THE VOLUNTARY ) NO. UA07-10 ASBURY ANNEXATION OF THE CITY OF ASBURY ) WITHIN THE URBANDIZED AREA OF THE ) FINDINGS OF FACT AND CITY OF DUBUQUE ) CONCLUSIONS OF LAW AND DETERMINATION TO: Cities of Asbury and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Iowa Department of Transportation and affected public utilities. STATEMENT OF THE CASE The City of Asbury filed its request for City Development Board approval of annexation of territory within the urbanized area of Dubuque on April 5, 2007. Notice of City Development Board review of the request and owner's application was given on April 10, 2007, and the Board considered the matter at its May 9, 2007, meeting. The City Development Board, having considered the City's request for approval, the property owner's application, and all evidence submitted by the affected parties hereby makes the following findings of fact, conclusions of law and determination: FINDINGS OF FACT On February 21, 2007, Stanley K. & Lou Ann Kay Ward; on February 21, 2007, Wayne G. Siebert; on February 21, 2007, Donald J. & Luella C. Cogan; and on February 22, 2007, Karen Cogan by written application, which included a map, requested the City of Asbury to annex the following described property owned by them and located in the City of Dubuque, Iowa: The proposed annexation territory is described in Appendix A attached hereto and by this reference made a part of. UA07-10 Asbury Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, fovea 50309 . ~ 2. The City of Dubuque approved an application for voluntary severance of this territory by Resolution #123-07 dated March 5, 2007. The owners' application for severance and the City's resolution approving the applications are attached in Appendix B. The severance and annexations will be filed with the Secretary of State and recorded with the Dubuque County Recorder simultaneously. 3. On March 10, 2007, the City of Asbury published in an official county newspaper notice of the City Council's meeting on March 27, 2007, to consider the application for voluntary annexation. 4. On March 2, 2007, the City of Asbury provided a copy of the application for voluntary annexation to the City of and Dubuque, Dubuque County Board of Supervisors, East Central Intergovemmental Association, Iowa Department of Transportation and affected public utilities. 5. By resolution dated March 5, 2007, which contained a legal description, the City Council of Dubuque voted to approve the severance of subject property from Dubuque. 6. By resolution dated March 27, 2007, which contained a legal description, the City Council of Asbury voted to annex the subject property. 7. The area to be annexed is within two miles of the City of and Dubuque and is therefore within it urbanized area. 8. The area to be annexed has a common boundary with the City of Asbury of more than 50 feet. 9. The area to be annexed does not contain railroad right-of-way. 10. On April 5, 2007, the City requested the City Development Board to approve the annexation of the territory described in finding number one. Said request included a copy of the owner's application, map and City Council resolution. 11. On April 10, 2007, the City Development Board notified, by mail, the City of Asbury, and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovemmental Association, Iowa State Attorney General, Iowa Department of Transportation and affected public utilities of the proposed annexation and request for approval. Said notice invited oral and written evidence relative to the proposed annexation. 12. No response was received from any governmental unit, business or individual. 13. The Board considered the request at its May 9, 2007, meeting and found it to be complete and properly filed. UA07-10 Asbury Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue !Des Moines, Iowa 50309 14. Based on the information favoring the annexation found in the petition and other materials filed by the City of Asbury and the absence of evidence of any potential adverse consequences, the Board finds the annexation to be in the public interest. CONCLUSIONS OF LAW 1. The territory to be annexed "adjoins" the City of Asbury as the term is defined in Section 368.1(1) Iowa Code and is within the "urbanized area" of the City of and Dubuque as the term is defined in Section 368.1(16) Iowa Code. 2. The City published notice of the filing of the petition and provided copies of the proposed annexation to parties in accordance with the requirements of Section 368.7 Iowa. Code. 3. The City Development Board has jurisdiction to approve or decline the owner's application for annexation Section 368.7(3) Iowa Code. If the owner's application is approved by the Board, the Board is required to file portions of the proceedings in accord with Section 368.7 Iowa Code. 4. The resolution by the City Council of Asbury conforms with Section 368.7 Iowa Code. 5. The City of Asbury's request for Board approval and the annexation is in substantial compliance with 263 Iowa Administrative Code 7.2. 6. In accord with the standards set forth in Chapter 368 Iowa Code the annexation proposal is in the public's interest. Dated this 14'h day of May, 2007. CITY DEVELOPMENT BOARD Dennis Plautz, Chairperso signature affixed by Ste n R. McCann, Administrator for City Development Board as authorized under Iowa Administration Code 263 - 9.11(2) UA07-10 Asbury Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 THEREFORE, IT IS ORDERED that the application of the following described territory to the City of Asbury is hereby approved: The proposed annexation territory is described in Appendix A and attached hereto and by this reference made a part of. IT IS FURTHER ORDERED that the owner's annexation application and map, City Council resolution, notices of Board review and this Order be filed by the Board with the Asbury City Clerk and that the Board file a copy of the map and legal description with the Iowa Department of Transportation. To complete the annexation process, the Board Administrator shall mail a copy of this Order and other relevant documents to the Dubuque County Recorder and Iowa Secretary of State on or after the 31S` day following issuance of this Order. To request a stay of completion of the annexation process, a person or city authorized by Iowa Code Section 368.22 to appeal this Order must deliver to the Board Administrator a timely written request for a stay accompanied by notice of the filing of a petition for judicial review or intent to file a petition for judicial review. Any such request shall be referred to the Board for action at its next regularly scheduled meeting or at a special meeting. Dated this 14"' day of May, 2007. CITY DEVELOPMENT BOARD lsl l ~ ~(-~n~ Dennis Plautz, Chairperson UA07-10 Asbury Findings of Fact Prepared by: Steven R. McCann, Administrator 515/242-4719 Iowa Economic Development /City Development Board 200 E Grand Avenue /Des Moines, Iowa 50309 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Dubuque Co. Attorney MCI, Engineering Dept. 720 Central Avenue 560 2nd Avenue SE Dubuque, IA 52001 Cedar Rapids, IA 52401 Mr. Wayne Demmer US West Dubuque Co. Bd. of Supervisors 615 3rd Avenue SW 720 Central Avenue Cedar Rapids, IA 52401 Dubuque, IA 52001 McLeod USA Mr. Fred Dean 6400 C Street SW Iowa Dist. Trans. Planner Cedar Rapids, IA 52404 8723 NW Blvd, PO 2646 Davenport, IA 52809 MediaCom, Attn.: General Mgr. 3033 Asbury Road Ms. Kelley Deutmeyer Dubuque, IA 52001 ECIA 3999 Pennsylvania Avenue, Ste. 200 Qwest Dubuque, IA 52002 3565 Utica Ridge Road Bettendorf, IA 52722 Mr. Theodore Huinker Asbury City Attomey Alliant Utilities 5080 Asbury Road 8000 Chavanelle Drive Asbury, IA 52002-2522 Dubuque, IA 52002 Ms. Sara Burke Aquila Asbury City Clerk 1015 Cedar Cross Road 5080 Asbury Road Dubuque, IA 52003 Asbury, IA 52002-2522 AT&T Communications Ms. Jeanne Schneider 3001 Cobb Pkwy., Rm. 162 Dubuque City Clerk Atlanta, GA 30339 50 West 13th Street Dubuque, IA 52001-4864 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 14th day of May, 2007. Local Delivery Honorable Tom Miller, Iowa Attorney General Betty ra of, Administrat Assistant Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 Appendix A Legal Description of territory to be annexed to the City of Asbury, Iowa CDB Case No. UA07-10 That the territorial limits of the City of Asbury, Iowa, be and they are hereby extended to include the area comprising the following described real estate to wit: 1. Lot 2-6-1 of Section 19 T89N R2E in Dubuque County, Iowa. (Karen Cogan) 1.969 acres. 2. Lot 1-4-1 SW SW of Section 19 T89N R2E in Dubuque County, Iowa. (Stanley and Lou Ann Kay Ward) 2.606 acres. 3. Lot 1-6-1 SW SW of Section 19 T89N R2E in Dubuque County, Iowa. (Donald and Luella Cogan) 2.606 acres. 4. Lot 1-4-2 SW SW of Section 19 T89N R2E in Dubuque County, Iowa. (Wayne G. Siebert) 2.606 acres. The territory extends to the center line of all secondary roads adjacent to the above described properties. t1JI5UltY H1V1VL',tltillVlV rake 1 (11 1 _~ _~ ' :a s~ ~indae J ~~ j !:*.a ~~ ~a:~ _~~ F E ""d c~ - is uuyiyllgl~! DISCLAII All inform without ei used as e intended Printed: C http://www.dbeco.org/pvweb2-dubuque/print.do?titleBox=on&title=ASBURY+ANNEXA... 2/22/2007 ASBURY ANNEXATION APPENDIX B DATE: Februar~S, 2007 TO: CITY OF DUBUQUE, CITY CLERK, CITY HALL - 5o W. 13TH STREET, DUBUQUE, IOWA, 52ooi I acknowledge receipt of the severance requests from Wayne G. Siebert, Donald J. and Luella C. Cogan, Karen Cogan and Stanley K. and Lou Ann Kay Ward. Wi Date The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Severance Request Dear Mayor & City Council Members I, Stanley K and Lou Ann Kay Ward, owner of 2.606 acres of property north Middle Road, legally described as the Lot 1-4-1 SW SW of Section 19 T89N R2E in Dubuque County, Iowa, request voluntary annexation of this property to the City of Asbury, Iowa. This parcel is shown on the enclosed plat as parcel J. Sincerely, r ~~ .~- Staraley K. Ward Lou Ann Kay Ward The Honorable Mayor & City Council. Members City of Dubuque City Hal{ - 50 W. 13th Street Dubuque IA 52001 RE: Severance Request Dear Mayor & City Council Members I, Wayne G. Siebert, owner of 1.955 acres of property north Middle Road, legally described as the Lot 2-4-1 SW SW of Section 19 T89N R2E in Dubuque County, Iowa, request voluntary annexation of this property to the City of Asbury, Iowa. This parcel is shown on the enclosed plat as parcel L. Sincerely, ~j --~ ~c../ / Wayn G. Siebert Dated ~~day of ~e~ , 2007 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Severance Request Dear Mayor & City Council Members I, Donald J and Luella C. Cogan, owner of 2.664 acres of properly north Middle Road, legally described as the Lot 1-6-1 SW SW of Section 19 T89N R2E in Dubuque County, Iowa, request voluntary annexation of this property to the City of Asbury, Iowa. This parcel is shown on the enclosed plat as parcel M. Sincerely, Donald J. Cogan ~o~~V" ~. Luella C. Cogan Dated ~ day of -~'=,~-, 2007 Tha Honoreble Mayor & City Council Members City of Dubuque City Ha11- 50 W. 1~~" Streei C3ubuque IA 62pp1 ~~; Severance F~equ®at ©ear Mayor & City Council Members: I, Karen Cogan, owner of 1.965 acres of property along Berry Lane, legally described as Lot 2-6-1 of tf7e Southwest'/a of tF~e Southwest'/~ of Section 19 T89N R2Er in Dubuque County, lawn, request severance of this property from the City of Qubuque, Iowa. This parcel is shown an the enclosed plat as parcel K. Sin~rety, ~~.~~' - Karen Cagan Prepared by: Laura Carstens. Citar Planner Address: Citv Hall. 50 W. 13th St. Telephone: 589-4210 Return to: Jeanne Schneider, Cfi- Clerk Address: City Hatl. 50 W. 13th St. Telephone: 589-4121 RESOLUTION NO. 123 -07 RESOLUTION APPROVING APPLICATIONS FOR VOLUNTARY SEVERANCE OF TERRITORY FROM THE CITY OF DUBUQUE, IOWA Whereas, Stanley K. and Lou Ann Kay Ward, the property owners, have submitted a written application for voluntary severance of approximately 2.606 acres of land from the City of Dubuque; Iowa; and Whereas, Karen Cogan, the property owner, has submitted a written application for voluntary severance of approximately 1.969 acres of land from the City of Dubuque, Iowa; and Whereas, Wayne G. Siebert, the property owner, has submitted a written application for voluntary severance of approximately 1.955 acres of land from the City of Dubuque, Iowa; and Whereas, Donald J. and Luella C. Cogan, the property owners, have submitted a written application for voluntary severance of approximately 2.664 acres of land from the City of Dubuque, Iowa; and Whereas, Iowa Code section 368.8 authorizes the severance of property in situations of this character by adoption of a resolution; and Whereas, the severance is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Resolution No. - 07 Page 2 Section 1. That the application of Stanley IC and Lou Ann Kay Ward, the property owners, for voluntary severance of approximately 2.606 acres of land from the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 1-4-1 SW SW of Section 19 T89N R2E is hereby approved for severance from the City of Dubuque, Iowa on the condition that said property is annexed to the City of Asbury, Iowa. Section 2. That the application of Karen Cogan, the property owner, for voluntary severance of approximately 1.969 acres of land from the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 2-6-1 SW SW of Section 19 T89N R2E is hereby approved for severance from the City of Dubuque, Iowa on the. condition that said property is annexed to the City of Asbury, Iowa. Section 3. That the application of Wayne G. Siebert, the property owner, for voluntary severance of approximately 2.606 acres of land from the City of Dubuque, Iowa, as shown on Exhibit A and {egally described as Lot 2-4-1 SW SW of Section 19 T89N R2E is hereby approved for severance from the City of Dubuque, Iowa on the condition that said property is annexed to the City of Asbury, Iowa. Section 4. That the application of Donald J. and Luella C. Cogan, the property owners, for voluntary severance of approximately 2.606 acres of land from the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 1-6-1 SW SW of Section 19 T89N R2E is hereby approved for severance from the City of Dubuque, Iowa on the condition that said property is annexed to the City of Asbury, Iowa. Passed, approved and adopted this 5th day of ~ M a r c h 2007. Roy D. Buol, Mayor Attest: ~_ eanne F. Schneider, City Clerk F:/USERS/LCARSTENM/P/COUNCIU west side severance resolution.doc CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such 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. 123-07 is a correct copy of the original Resolution No. 123-07 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 5"' day of March, 2007. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 6th day of March, 2007. .~~~~'~~ Jeanne F. Schneider, CMC City Clerk (SEAL) DUBUQUE SEVERANCE ,~~ o~~-~~ ~,~ witr,an e. Used 85 E intended PrSnted: { http://www. dbeco.org/pvweb2-dubuque/print. do?titleBox=on&title=DUBUQUE+SEVER... 2/22/2007 CITY DEVELOPMENT BOARD STATE OF IOWA 0 o~ c'i3 3 IN THE MATTER OF THE CITY OF ASBURY ) NO. UA07-10 /ASBURY .._- O N VOLUNTARY ANNEXATION WITHIN THE ) ~'' ~' -- URBANIZED AREA OF THE CITY OF ) FILING OF WRITTEN DECISION ~ ca DUBUQUE } TO: Cities of Asbury and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney General, Affected Public Utilities, and Parties of Record. You and each of you are hereby notified that the City Development Board has approved the annexation of territory to the City of Asbury under City Development Board Case File No. UA07-10. Please find enclosed the Findings of Fact, Conclusions of Law, Determination, and Final Order by the City Development Board approving the annexation. An appeal of the Board's decision may be filed within 30-days of the date of the enclosed Order. If no appeal is filed within 30-days of the date of this Order, the City Development Board will file with the Iowa Secretary of State and record with the Dubuque County Recorder to complete this annexation. CITY DEVELOPMENT BOARD S~c,~-ti,,, 4.._ Steven R. McCann, ity Development Board Administrator Phone: 515.242.4719 ?3 ,~ -~, Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue /Des Moines, IA 50309 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Dubuque Co. Attorney MCI, Engineering Dept. 720 Central Avenue 560 2nd Avenue SE Dubuque, IA 52001 Cedar Rapids, IA 52401 Mr. Wayne Demmer US West Dubuque Co. Bd. of Supervisors 615 3rd Avenue SW 720 Central Avenue Cedar Rapids, IA 52401 Dubuque,lA 52001 McLeod USA Mr. Fred Dean 6400 C Street SW Iowa Dist. Trans. Planner Cedar Rapids, IA 52404 8723 NW Blvd, PO 2646 Davenport, IA 52809 MediaCom, Attn.: General Mgr. 3033 Asbury Road Ms. Kelley Deutmeyer Dubuque, IA 52001 ECIA 3999 Pennsylvania Avenue, Ste. 200 Qwest Dubuque, IA 52002 3565 Utica Ridge Road Bettendorf, IA 52722 Mr. Theodore Huinker Asbury City Attorney Alliant Utilities 5080 Asbury Road 8000 Chavanelle Drive Asbury, IA 52002-2522 Dubuque, IA 52002 Ms. Sara Burke Aquila Asbury City Clerk 1015 Cedar Cross Road 5080 Asbury Road Dubuque, IA 52003 Asbury, IA 52002-2522 AT&T Communications Ms. Jeanne Schneider 3001 Cobb Pkwy., Rm. 162 Dubuque City Clerk Atlanta, GA 30339 50 W est 13th Street Dubuque, IA 52001-4864 Said copy was mailed in an envelope addressed to them at the address shown above, with postage fully paid and by depositing same in a United States Post Office depository in Des Moines, Iowa, on the 14th day of May, 2007. Local Delivery Honorable Tom Miller, Iowa Attorney General Betty a hof, Administ tive Assistant Prepared by: Steve McCann 515/242-4719 City Development Board Administrator / 200 E Grand Avenue !Des Moines, IA 50309