Final Plat of Asbury Plaza No. 22Copyrighted
April 17, 2023
City of Dubuque Consent Items # 017.
City Council Meeting
ITEM TITLE: Final Plat of Asbury Plaza No. 22
SUMMARY: City Manager recommending City Council approval of the resolution for
the Final Plat of Asbury Plaza No 22 as it is in compliance with the City of
Dubuque's Unified Development Code and the Imagine Dubuque
Comprehensive Plan.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
Staff Memo
Resolution
Asbury Plaza No. 22
Vicinity Map
RESOLUTION Authorizing approval of the Final Plat of Asbury Plaza
No. 22, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Final Plat of Asbury Plaza No. 22
DATE: April 14, 2023
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Planning Services Manager Wally Wernimont is recommending City Council approval of
the resolution for the Final Plat of Asbury Plaza No 22 as it is in compliance with the City
of Dubuque's Unified Development Code and the Imagine Dubuque Comprehensive
Plan.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Manager
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Manager
SUBJECT: Final Plat of Asbury Plaza No. 22
DATE: April 14, 2023
Dubuque
AII•Ameriea City
2007-2012.2013
2017*2019
INTRODUCTION
This memorandum transmits the Final Plat of Asbury Plaza No. 22, a resolution, and
related materials for City Council review and approval.
BACKGROUND
The Final Plat of Asbury Plaza No. 22, creates eights lots composed of:
■ Five residential lots (19.606 acres) for the development of Fox Hills Apartments,
■ Lot A (3.675 Acres) for street rights -of -way,
■ Lot B (1.773 Acres) for stormwater detention for the Fox Hills Apartments; and
■ Outlot A (127.457 acre) for future subdivision development.
The proposed subdivision is located on Plaza Drive north of the Northwest Arterial. The
preliminary plat for the subdivision was reviewed and approved by the Zoning Advisory
Commission on December 7, 2022. The proposed Final Plat is in substantial compliance
with the approved conceptual plan.
DISCUSSION
In 2006, the prior property owner and developer of this area along Plaza Drive
installed streets and storm sewer, sanitary sewer, and water main utility
improvements at the site. The previously installed streets and utilities were never
accepted by the City except for the water main utility improvements. A final plat was
never submitted to the city for review and approval.
On October 17, 2022, the City Council approve an amended Planned Unit
Development for the subject property to allow the construction of thirteen thirty -unit
apartment buildings, a community building, and outdoor storage units to be known as
the Fox Hill Apartments.
As part of the subdivision, the developer plans to construct and provide, at their cost,
subdivision improvements including streets with longitudinal subdrains and concrete curb
and gutter, paved temporary cul-de-sacs, sanitary sewer mains, water mains, a storm
water detention basin, storm sewers and catch basins, boulevard street lighting, fiber
optic conduit and vaults, accessible sidewalk ramps, concrete sidewalks, and appropriate
erosion control devices, to the site and will need to construct and carry out any other
activities associated with the project in accordance with City plans and specifications. As
mentioned above, some of these public improvements, including water main, sanitary
sewer, storm sewer and street pavement binder course were installed in 2006 and were
not inspected by City staff and were not accepted by the City. The developer will be
required to repair any deficiencies found after an inspection of these previously installed
items. Upon completion of the project, the developer will dedicate to the public project
improvements, street right of ways, storm water detention basin lot, and associated
easements to the City of Dubuque. The Project Team plans to begin work on the Project
in May of 2023. The Project will be substantially completed by August 1, 2024.
Pursuant to Article 11-10 (C) of the Unified Development Code (UDC), the subdivision
must meet a minimum of 40 points for sustainability. As proposed, the Fox Hills
Apartments development complies with the UDC's requirement for 40 points of
sustainability.
Complete Streets 15 points
Green Building Code for 100% of units 10 points
LED Street Lights 5 points
Parkway/Street Trees 5 points
Native/Regionally Appropriate Landscaping 5 points
Total Points = 40 points
RECOMMENDATION
Planning staff recommends approval of the resolution for the Final Plat of Asbury Plaza
No 22 as it is in compliance with the City of Dubuque's Unified Development Code and
the Imagine Dubuque Comprehensive Plan.
Thank you,
Enclosures
cc: Gus Psihoyos, City Engineer
Chris Lester, Water Department Manager
Marie Ware, Leisure Services Manager
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 1 T' St (563) 589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 West 131h St (563) 589-4121
RESOLUTION NO. 114-23
A RESOLUTION AUTHORIZING APPROVAL OF THE FINAL PLAT OF ASBURY
PLAZA NO. 22, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque, Iowa, an Iowa municipal corporation, Talon, LLC,
a South Dakota Limited Liability Company, dlbla Talon Development, Eagle Construction,
Inc., a South Dakota Corporation, and Fox Hills Apartments, LLC, a South Dakota Limited
Liability Company have entered into a Subdivision Development Agreement For Fox Hills
Subdivision to be known as Asbury Plaza No. 22 (Talon, LLC, Eagle Construction, Inc.,
and Fox Hills Apartments, LLC are collectively referred to herein as the Project Team);
and
Whereas, Blue Sky, Inc., Roger Cherland and Cheryl Cherland, and Fox Hills
Apartments, LLC (collectively referred to herein as the Owner) are the owners of the
property legally described as Lot 1 and Lot 2 of Asbury Plaza No. 21, which is being
subdivided and is to be known as Asbury Plaza No. 22; and
Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza No.
22, in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear public streets to be known Plaza Drive, Plaza
Court, and North Plaza Loop (all in Lot A), which the Owner by said final plat has
dedicated to the public forever; and
Whereas, upon said final plat appear certain public utility, storm drainage, and
emergency services access easements, which the Owner by said final plat has dedicated
to the public forever; and
Whereas, upon said final plat appears Lot B (for Storm Water Detention), and
certain water main, sanitary sewer, storm sewer, street and utility, and temporary cul-
de-sac easements, which the Owner by said final plat has dedicated to the City of
Dubuque forever; and
Final Plat — Asbury Plaza No. 22
Page 2
Whereas, said final plat has been reviewed by the City Planner and his approval
has been endorsed thereon, subject to the Project Team and Owner agreeing to the
conditions specified herein; and
Whereas, said final plat has been examined by the City Council and the City
Council find the final plat conforms to the applicable statutes and ordinances, except that
streets and public utilities have not yet been completely constructed or installed; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Plaza Drive, Plaza Court, and North Plaza
Loop (all in Lot A), and Lot B (Storm Water Detention Basin), together with certain water
main, sanitary sewer, storm sewer, street and utility, and temporary cul-de-sac
easements, as they appear on said final plat, to the City of Dubuque be and the same are
hereby accepted; and
Section 2. That the Final Plat of Asbury Plaza No. 22 is hereby approved, and
the Mayor and City Clerk are hereby authorized and directed to endorse the approval of
the City of Dubuque, Iowa, upon said final plat, provided the Project Team herein named,
execute their written acceptance of the attached conditions and further agree:
(a) To reduce the unimproved portions of Plaza Drive, Plaza Court, and
North Plaza Loop (all in Lot A) to grade and to construct longitudinal
sub -drain, concrete curb and gutter with asphaltic concrete
pavement or with Portland Cement concrete pavement with integral
curb, and temporary cul-de-sacs, all in accordance with the City of
Dubuque standard specifications in a manner acceptable to the City
Engineer, in conformance with construction improvement plans
approved by the City Engineer, and inspected and approved by the
City Engineer. The existing portions of Plaza Drive, Plaza Court, and
North Plaza Loop shall receive the final lift of Bituminous pavement
with repair of broken curb and gutter, and temporary cul-de-sac to
receive bituminous without curb and gutter, all in accordance with the
City's standard specifications in a manner acceptable to the City
Engineer, in conformance with construction improvement plans
approved by the City Engineer, and inspected and approved by the
City Engineer
(b) Where not currently installed, to install sanitary sewer mains and
sewer service laterals into each individual lot, water mains and water
service laterals into each individual lot, storm water detention basins,
storm sewers and catch basins, boulevard street lighting, fiber optic
conduit and vaults, and erosion control devices all in accordance with
the City of Dubuque standard specifications in a manner acceptable
Final Plat — Asbury Plaza No. 22
Page 3
to the City Engineer, and in accordance with construction
improvement plans approved by the City Engineer, and inspected
and approved by the City Engineer.
(c) To construct accessible sidewalk ramps at each intersection and
street crossings in accordance with City of Dubuque Standards and
Specifications, all in a manner acceptable to the City Engineer, and
in accordance with the construction improvement plans approved by
the City Engineer, and inspected and approved by the City Engineer.
(d) To construct accessible concrete sidewalk across Lot B of Asbury
Plaza No. 22 along the frontage of Plaza Drive in accordance with
the City's standards and specifications, all in a manner acceptable to
the City Engineer, and in accordance with the construction
improvement plans approved by the City Engineer after 80% of the
buildings related to the Project receive a certificate of occupancy.
(e) The Project Team, at its sole cost, will be responsible for bringing all
existing public improvements that did not pass inspection, were
defective, or were in need of repair, as detailed in section 1.5 of the
Subdivision Development Agreement For Fox Hills Subdivision,
approved per City Resolution No. 97-23, at the City's sole discretion,
up to City standards before acceptance by the City.
(f) To construct the improvements outlined in (a), (b), (c), (d) and (e),
above within two (2) years from the date of acceptance of this
resolution, at the sole expense of the Project Team, or future owner.
Notwithstanding the foregoing, if the completion of the improvements
set forth above is delayed due to any Force Majeure conditions, or
by any other like event or condition beyond the reasonable control of
the Project Team, and the Project Team provides written notice of
such Force Majeure event within ninety (90) days of the end of the
two (2) year period described in this clause, then the City shall toll
the obligations of the Development Agreement on a day -for -day
basis for the period of delay or suspension. For purposes of this
provision, "Force Majeure" shall mean any delay caused by damage
or destruction by fire or other casualty, or by reason of Acts of God,
strikes, lockouts, unavailability of materials, failure of power,
prohibitive governmental laws or regulations (beyond the control of
the City), war, riots, insurrections, epidemics or pandemics that
trigger the issuance of a gubernatorial disaster declaration by the
Governor of the State of Iowa, the act or failure to act of the other
party, adverse weather conditions preventing the performance of
work, or other reason beyond such party's control, and in such case,
the time for performance of such act shall be extended for a period
equivalent to the period of such delay.
Final Plat — Asbury Plaza No. 22 Page 4
(g) To maintain the improvements outlined in (a), (b), (c), and (d) above
for a period of two (2) years from the date of the acceptance of those
improvements by the City Council of the City of Dubuque, Iowa, at
the sole final expense of the Project Team, or future owner.
(h) To provide security for the performance of the foregoing conditions
specified in this Section, in an amount of 110% of the estimated costs
of the improvements outlined in (a), (b), (c), and (d) above, in such
form and with such sureties as per the Subdivision Development
Agreement For Fox Hills Subdivision, approved per City Resolution
No. 97-23, and as may be acceptable to the City Manager of the City
of Dubuque, Iowa.
Section 3. That sidewalk installation shalt be the responsibility of each lot owner
for each lot abutting the public rights -of -way, including lots with multiple frontages, as
required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 4. That the Project Team must construct and maintain erosion and
sediment control devices on the Site which minimize erosion and prevent sediment from
leaving the Site. The Project Team shall also be responsible for maintenance of the
detention facility in Lot B of Asbury Plaza No. 22 until 80% of the lots in the Site area,
which drain into said detention facility, have been fully developed and adequate erosion
control measures, as approved by the City Engineer, have been installed on the
remaining 20% of said lots. Maintenance of the detention facility and Lot B of Asbury
Plaza No. 22 shall include general property maintenance, removal of sediment and other
debris caused by construction activities on the Site and reshaping and reseeding of
disturbed areas. After said 80% lots on the Site are developed and the detention facility
is found to be in general conformance with the improvement plans, inspection,
administration, and maintenance expenses incurred by the City for the storm water
detention facility on Lot B of Asbury Plaza No. 22 shall be assessed against the benefiting
property owners, except the City, in Fox Hills Addition, as indicated on the preliminary
plats thereof, in equal amounts. The City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and
such costs shall then be collected with and in the same manner as general property taxes
in accordance with provisions of law.
Section 5. That the Project Team must maintain the temporary cul-de-sacs on
of Plaza Drive, Plaza Court, and North Plaza Loop, except for snow removal and deicing,
until such time as the development of the adjacent property begins or Project Team
designs and constructs permanent cul-de-sac improvements to current City Standards
and dedicates said improvements and an appropriate right of way to the City.
Section 6. The Project Team shall design, construct, and maintain a privately
owned redundant water main loop and a secondarylemergency access roadway, and
grant appropriate associated easements, all per Sections 1.7 and 1.8 of the Subdivision
Final Plat — Asbury Plaza No. 22 Page 5
Development Agreement For Fox Hills Subdivision, approved per City Resolution No. 97-
23,
Section 7. Previously Installed Public Improvements. The Project Team shall be
responsible for meeting all requirements (including repairs and maintenance) for any
existing improvements installed prior to the date of this resolution that are to be dedicated
to the City for ownership and maintenance. This responsibility, which is guaranteed by
the Project Team, shall continue from the date of this Subdivision Development
Agreement For Fox Hills Subdivision, approved per City Resolution No. 97-23, until the
last certificate of occupancy is issued for the Project. City reserves the right to add any
testing requirements for acceptance of improvements as it deems reasonably necessary.
All reporting, documentation, and testing requirements will be to the exclusive and
reasonable satisfaction of City. Notwithstanding the foregoing, the City shall not require
any repairs, improvements, or replacements for any existing improvements which: (a)
were previously approved by the City and are in good working order; and (b) are not
reasonably required for the overall operation of the system for which such improvement
is a part.
Section 8. The Project Team and/or the Project's contractor will not be
responsible for or warranty trees or other plant materials selected or planted by others.
Notwithstanding the foregoing, the planting of street trees shall be coordinated with the
City's Urban Forester. The tree(s) will be planted by the Project Team. Any tree(s) planted
within the street right-of-way (including location and species) must be approved by the
City's Urban Forester.
Section 9. That the final acceptance of the public improvements shall only occur
upon certification of the City Engineer to the City Council that the public improvements
have been completed in accordance with the approved improvement plans and City
standards and specifications and accepted by City Council Resolution.
Section 10. That in the event the Project Team fails to execute the acceptance
and furnish the guarantees provided hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null and void and the acceptance of the
dedication and approval the plat shall not be effective.
Section 11. Inspection and Acceptance. The City will inspect any yet to be
constructed public Project improvements throughout its implementation and at its
completion to ensure compliance with the approved plans and specifications. The Project
Team must pay to the City an inspection fee in the amount of three percent (3%) of the
estimated construction cost for the yet to be constructed City streets and infrastructure
improvements therein only. The City will conduct a periodic inspection of the completed
sections of the public Project infrastructure. As individual sections of the public Project
infrastructure are inspected and deemed substantially complete, the securities required
can be reduced as detailed in Section 3.2 above. If the inspection establishes that the
public Project infrastructure has been completed in accordance with the approved plans
and City requirements and specifications, the Project will be accepted by City Council.
Final Plat — Asbury Plaza No. 22 Page 6
Passed, approved and adopted this 17t' day of April 2023.
By:
Brad M�Cau nagh, Mayor
ATTEST:
By:JPi�✓n
Adrienne N. Breitfelder, City Clerk
Final Plat — Asbury Plaza No. 22
Page 7
ACCEPTANCE OF RESOLUTION NO. -23
I, the undersigned, Robert Smith, representing Talon, LLC, having read the
terms and conditions of the Resolution No. -23 and being familiar with the conditions
thereof hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this day of 2023.
Josh Kruger
Talon, LLC
State of )
ss:
County of
On this day of 20 , before me, a Notary Public in and for
said state, personally appeared Robert Smith, to me known to be the person(s) named
in and who executed the foregoing instrument, and acknowledged that they executed
the same as their voluntary act and deed.
Notary Public in the State of
My Commission expires:
4887-7413-9226\2
Final Plat — Asbury Plaza No. 22
ACCEPTANCE OF RESOLUTION NO. -23
I, the undersigned, Josh Kruger, representing Eagle Construction, Inc.,
having read the terms and conditions of the Resolution No. -23 and being familiar
with the conditions thereof hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this day of 2023.
Josh Kruger
Eagle Construction, Inc.
State of )
ss:
County of
On this day of 20 , before me, a Notary Public in and for
said state, personally appeared Josh Kruger, to me known to be the person(s) named in
and who executed the foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
Notary Public in the State of
My Commission expires:
4887-7413-9226\2
Final Plat — Asbury Plaza No. 22
Page 9
ACCEPTANCE OF RESOLUTION NO. -23
I, the undersigned, Josh Kruger, representing Fox Hills Apartments, LLC,
having read the terms and conditions of the Resolution No. -23 and being familiar
with the conditions thereof hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this day of 2023.
Josh Kruger
Fox Hills Apartments, LLC
State of )
ss:
County of
On this day of 20 , before me, a Notary Public in and for
said state, personally appeared Josh Kruger, to me known to be the person(s) named in
and who executed the foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
Notary Public in the State of
My Commission expires:
4887-7413-9226\2
Final Plat — Asbury Plaza No. 22
Page 10
ACCEPTANCE OF RESOLUTION NO. -23
I, the undersigned, Roger Cherland, representing Blue Sky, INC., having
read the terms and conditions of the Resolution No. -23 and being familiar with the
conditions thereof hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this day of 2023.
Roger Cherland
Blue Sky, INC.
State of )
SS:
County of
On this day of 20 , before me, a Notary Public in and for
said state, personally appeared Roger Cherland, to me known to be the person(s)
named in and who executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
Notary Public in the State of
My Commission expires:
4887-7413-9226\2
Final Plat — Asbury Plaza No. 22
Page 11
ACCEPTANCE OF RESOLUTION NO. -23
I, the undersigned, Roger Cherland and Cheryl Cherland, having read the
terms and conditions of the Resolution No. -23 and being familiar with the conditions
thereof hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this day of 2023.
In
State of )
ss:
County of
Roger Cherland
Cheryl Cherland
On this day of 20 , before me, a Notary Public in and for
said state, personally appeared Roger Cherland, to me known to be the person(s)
named in and who executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
Notary Public in the State of
My Commission expires:
4887-7413-9226\2
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FILE NO.
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7
NOTES:
EXISTING
EXISTING EASEMENTS "A",
EASEMENT"B"
"B","C" AND "0" ARE FOR
FILE N0.
SANITARY SEWER LIFT
2008-16144
STATION, FORCE MAIN,
STORM SEWER, WATER
MAIN, STREETS AND
EXISTING
PUBLIC UTILITIES.
EASEMENT c y
FILE NO.
2008-16144
ALL TEMPORARY PUBLIC
CUL-DE-SAC EASEMENTS
WILL REMAIN IN PLACE
UNTIL PUBLIC STREETS ARE
EXTENDED THROUGH THOSE
AREAS AT WHICH POINT
THE TEMPORARY EASEMENTS
OUTLOT A
WILL EXPIRE.
127 457 ACRES
"FUTURE DEV� OrMENT"
EXISTING
EASEMENT"A'
FILE NO.
200E-16144
EXISTING -per �1 J
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FILE 61 \�I
2008-1614�
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FILE NO.
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FOUND STANDARD
— CONC. MONUMENT
FINAL PLAT I
ASBURY PLAZA NO. 22,
CITY OF DUBUQUE, NINEPA Sg9N4A2E
DUBUDUE COUNTY, IOWA m SEp 16
LOT 1 AND LOT A OF ASBURY PLAZA
NO. 21, CITY OF DUBUDUE, "
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(10' WIDE) O.O1 DUBUQUE COUNTY, IOWA
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CITY OF DUBUQUE.
DUBUQUE COUNTY. IOWA
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SCALE: 1" - 30.0'
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PUBLIC WATER MAIN EASEMENT 6
EMERGENCY SERVICES ACCESS
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Sheet 5 of 13
, Iowa
OWNER'S CONSENT
, 2023
The foregoing plat of Asbury Plaza No. 22, City of Dubuque, Dubuque County, Iowa, is made with the
free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate.
We hereby dedicate Lot A (Plaza Drive, Plaza Court, and North Plaza Loop) to the Public for Street and
Public Utility purposes.
We hereby dedicate Lot B to the City of Dubuque for storm water detention.
We hereby dedicate all temporary cul-de-sac easements to the City of Dubuque.
All water main, sanitary sewer, and storm sewer utility easements, except those labeled as private, as stated
and as shown on this plat are herby dedicated to the City of Dubuque, and its agents and contractors, for
the purpose of constructing and maintaining said utilities, along with the right privilege, and authority to
construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement
shall also include the right to cut, trim, or remove trees, bushes, and roots as may be required. City shall
restore the disturbed surface areas due to the construction maintenance, or repair of said utilities and
appurtenances to equal conditions. Lot owners shall not erect or install any trees, landscaping, paving or
structure over or within the easement areas without obtaining the prior written approval of the City Engineer.
Lot owners shall not change the grade, elevation, and contour, or perform any construction or any
excavation that will diminish the lateral support or integrity of said utility improvements without obtaining the
prior written consent of the City Engineer.
All public utility easements and storm drainage easements, except those labeled as private, as stated and
as shown on this plat are hereby dedicated to the Public. Lot owners shall not erect any structure, fence,
planting or other obstructions over or within the public utility or storm drainage easement areas without
obtaining the prior written approval of the City Engineer. Lot owners shall not change the grade elevation,
and contour or perform any construction or any excavation that would hinder the orderly flow of storm water
runoff or diminish the lateral support or integrity of said utilities and improvements without obtaining the prior
written consent of the City Engineer.
BLUE SKY, INC.
Roger Cherland, President
State of Iowa )
ss:
County of )
On this day of , 2023, before me, a Notary Public in and for said State,
personally appeared Roger Cherland, to me personally known, who being by me duly sworn, did say that
he is the President of the Corporation executing the within and foregoing instrument; that said instrument
was signed on behalf of the corporation by authority of its Board of Directors; and that said Roger Cherland
acknowledged the execution of the foregoing instrument as the voluntary act and deed of the corporation,
by it and him voluntarily executed.
Notary Public in and for said State
My Commission Expires
Sheet 6 of 13
MORTGAGE HOLDERS ACKNOWLEDGMENT
The undersigned for of
State of Iowa, do hereby certify that the attached plat of Asbury Plaza No. 22, City of Dubuque, Dubuque
County, Iowa, is made with our free consent and in accordance with our desire as lien holder and
mortgagee of the premises described herein.
Bank City_
President V.P.
State of
ss:
County of )
On this day of 2023, before me, the undersigned, a Notary Public in and for said
State, personally appeared and to me personally
known, who being by me duly sworn, did say that they are the , and
respectively, of the corporation executing the within and foregoing instrument; that
the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of
the corporation by authority of its Board of Directors; and that and
as officers acknowledged the execution of the foregoing instrument to be the
voluntarily act and deed of the corporation, by it and by them voluntarily executed.
Notary Public in and for said State
My Commission Expires
Sheet 7 of 13
, Iowa
OWNER'S CONSENT
2023
The foregoing plat of Asbury Plaza No. 22, City of Dubuque, 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.
We hereby dedicate Lot A (Plaza Drive, Plaza Court, and North Plaza Loop) to the Public for Street and
Public Utility purposes.
We hereby dedicate Lot B to the City of Dubuque for storm water detention.
We hereby dedicate all temporary cul-de-sac easements to the City of Dubuque
All water main, sanitary sewer, and storm sewer utility easements, except those labeled as private, as stated
and as shown on this plat are herby dedicated to the City of Dubuque, and its agents and contractors, for
the purpose of constructing and maintaining said utilities, along with the right privilege, and authority to
construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement
shall also include the right to cut, trim, or remove trees, bushes, and roots as may be required. City shall
restore the disturbed surface areas due to the construction maintenance, or repair of said utilities and
appurtenances to equal conditions. Lot owners shall not erect or install any trees, landscaping, paving or
structure over or within the easement areas without obtaining the prior written approval of the City Engineer.
Lot owners shall not change the grade, elevation, and contour, or perform any construction or any
excavation that will diminish the lateral support or integrity of said utility improvements without obtaining the
prior written consent of the City Engineer.
All public utility easements and storm drainage easements, except those labeled as private, as stated and
as shown on this plat are hereby dedicated to the Public. Lot owners shall not erect any structure, fence,
planting or other obstructions over or within the public utility or storm drainage easement areas without
obtaining the prior written approval of the City Engineer. Lot owners shall not change the grade elevation,
and contour or perform any construction or any excavation that would hinder the orderly flow of storm water
runoff or diminish the lateral support or integrity of said utilities and improvements without obtaining the prior
written consent of the City Engineer.
Roger Cherland
Cheryl Cherland
State of Iowa )
ss:
County of )
On this day of , 2023, before me, a Notary Public in and for said State, personally
appeared Roger Cherland and Cheryl Cherland, to me personally known, who being by me duly affirmed did
say that they, said Roger Cherland and Cheryl Cherland, acknowledged the execution of said instrument to
be their voluntary act and deed voluntarily executed.
Notary Public in and for said State
My Commission Expires
Sheet 8 of 13
MORTGAGE HOLDERS ACKNOWLEDGMENT
The undersigned for of
State of Iowa, do hereby certify that the attached plat of Asbury Plaza No. 22, City of Dubuque, Dubuque
County, Iowa, is made with our free consent and in accordance with our desire as lien holder and
mortgagee of the premises described herein.
Bank City_
President V.P.
State of
ss:
County of )
On this day of 2023, before me, the undersigned, a Notary Public in and for said
State, personally appeared and to me personally
known, who being by me duly sworn, did say that they are the , and
respectively, of the corporation executing the within and foregoing instrument; that
the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of
the corporation by authority of its Board of Directors; and that and
as officers acknowledged the execution of the foregoing instrument to be the
voluntarily act and deed of the corporation, by it and by them voluntarily executed.
Notary Public in and for said State
My Commission Expires
Sheet 9 of 13
OWNER'S CONSENT
, 2023
The foregoing plat of Asbury Plaza No. 22, City of Dubuque, Dubuque County, Iowa, is made with the
free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate.
We hereby dedicate Lot A (Plaza Drive, Plaza Court, and North Plaza Loop) to the Public for Street and
Public Utility purposes.
We hereby dedicate Lot B to the City of Dubuque for storm water detention.
We hereby dedicate all temporary cul-de-sac easements to the City of Dubuque.
All water main, sanitary sewer, and storm sewer utility easements, except those labeled as private, as stated
and as shown on this plat are herby dedicated to the City of Dubuque, and its agents and contractors, for
the purpose of constructing and maintaining said utilities, along with the right privilege, and authority to
construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement
shall also include the right to cut, trim, or remove trees, bushes, and roots as may be required. City shall
restore the disturbed surface areas due to the construction maintenance, or repair of said utilities and
appurtenances to equal conditions. Lot owners shall not erect or install any trees, landscaping, paving or
structure over or within the easement areas without obtaining the prior written approval of the City Engineer.
Lot owners shall not change the grade, elevation, and contour, or perform any construction or any
excavation that will diminish the lateral support or integrity of said utility improvements without obtaining the
prior written consent of the City Engineer.
All public utility easements and storm drainage easements, except those labeled as private, as stated and
as shown on this plat are hereby dedicated to the Public. Lot owners shall not erect any structure, fence,
planting or other obstructions over or within the public utility or storm drainage easement areas without
obtaining the prior written approval of the City Engineer. Lot owners shall not change the grade elevation,
and contour or perform any construction or any excavation that would hinder the orderly flow of storm water
runoff or diminish the lateral support or integrity of said utilities and improvements without obtaining the prior
written consent of the City Engineer.
Fox Hills Apartments, LLC
By: Talon, LLC
Its: Manager
Bv:
Name: Josh Kruger
Title: President
State of )
ss:
County of )
On this day of , 2023, before me, the undersigned, a Notary Public in and
for said State, personally appeared Josh Kruger, President of Talon, LLC, which is the Manager of Fox Hills
Apartments, LLC, to me personally known, who being by me duly affirmed did say that Josh Kruger,
President of Talon, LLC, as the Manager of Fox Hills Apartments, LLC, acknowledged the execution of said
instrument to be the voluntary act and deed voluntarily executed as President of Talon, LLC as Manager of
Fox Hills Apartments, LLC.
Notary Public in and for said State
My Commission Expires
Sheet 10 of 13
MORTGAGE HOLDERS ACKNOWLEDGMENT
The undersigned for of
State of Iowa, do hereby certify that the attached plat of Asbury Plaza No. 22, City of Dubuque, Dubuque
County, Iowa, is made with our free consent and in accordance with our desire as lien holder and
mortgagee of the premises described herein.
Bank City_
President V.P.
State of
ss:
County of )
On this day of 2023, before me, the undersigned, a Notary Public in and for said
State, personally appeared and to me personally
known, who being by me duly sworn, did say that they are the , and
respectively, of the corporation executing the within and foregoing instrument; that
the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of
the corporation by authority of its Board of Directors; and that and
as officers acknowledged the execution of the foregoing instrument to be the
voluntarily act and deed of the corporation, by it and by them voluntarily executed.
Notary Public in and for said State
My Commission Expires
Sheet 11 of 13
ATTORNEY'S OPINION
I, a practicing attorney at law in (city),
(county), (state) have examined the abstract of title to the land
included within Asbury Plaza No. 22, City of Dubuque, Dubuque County, Iowa, said abstract has been
prepared in its entirety by the Abstract and Title Company, and was last
certified to by said company on the day of 2023, at the hour of
o'clock M.
My examination of said abstract shows good and merchantable title on the date and hour of certification to
be in Fox Hills Apartments, LLC., Blue Sky, Inc., Roger Cherland and Cheryl Cherland. Dated at
in said County, this day of 2023.
Signature Attorney at Law
Name (K
Address
Phone number
COUNTY TREASURER
Dubuque, Iowa
12023
I, the undersigned, Treasurer of Dubuque County, Iowa, do hereby certify that all
taxes and special assessments levied against Asbury Plaza No. 22, City of Dubuque, Dubuque County,
Iowa, have been paid and said real estate is free and clear of all taxes as of this date.
County Treasurer Dubuque County, Iowa
Sheet 12 of 13
CITY OF DUBUQUE PLANNING SERVICES
�� r / 7 , 2023
Dubuque, Iowa
The forgoing plat of Asbury Plaza No. 22, City of Dubuque, Dubuque County, Iowa, being within the
jurisdiction of the City of Dubuque, Iowa has been reviewed by the City Planner, (or designee) of the City of
Dubuque, Iowa, in accordance with the City of Dubuque Code of Ordinances and is hereby approved by the
City of Dubuque Planning Services and approval of said plat by the City Council of the City of Dubuque,
Dubuque County, Iowa is here by recommended.
Planriiices par en , y of D buque
�ty PI
CITY COUNCIL APPROVING PLAT
Dubuque, Iowa �T - 2023
The undersigned, Brad M. Cavanagh, Mayor and Adrienne N. Breitfelder, Clerk of the City of Dubuque,
Dubuque County, Iowa do hereby certify that the foregoing plat of Asbury Plaza No. 22, City of Dubuque,
Dubuque County, Iowa, as appears heretofore has been filed in the Office of the City Clerk of Dubuque,
Iowa, and that by Resolution No. - vZ the Dubuque City Council approved said plat.
Brad M. gh —Mayor
Adrienne N. Breitfelder- City Clerk
State of Iowa )
) ss:
County of Dubuque )
On this V i `.` day of �7r 2023, before me, a Notary Public in and for the State of Iowa,
personally appeared Brad M. avanagh and Adrienne N. Breitfelder, to me personally known, and who
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque,
Iowa, by authority of the City Council of said city, and the said Brad M. Cavanagh and Adrienne N.
Breitfelder acknowledged the execution of said instrument to be the voluntary act and deed of said City
of Dubuque, Iowa, by it voluntary executed"
TUSIDEE LYNN SLUS
Commission �lua rd1247B. Notary Public in and for the State of Iowa
' My Comm. Exp. � My Commission Expires a-0 - "�
Sheet 13 of 13
CITY ASSESSOR
Dubuque, Iowa
The forgoing plat was reviewed in the office of the City Assessor of City of Dubuque, Iowa, this
day of 12023.
City Assessor of City of Dubuque, Iowa
COUNTY AUDITOR
Dubuque, Iowa
The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of
, 2023. We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque County, Iowa
COUNTY RECORDER
Dubuque, Iowa
The forgoing plat has been received by the Dubuque County Recorder this day of
, 2023.
County Recorder of Dubuque County, Iowa
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Vicinity Map
Applicant: Talon LLC/Robert Smith, VP
Development
Location: Plaza Drive, PIN 1017201001 and
1017276001
Request type: Final Plat
Description: Final Plat Asbury Plaza No. 22
■■ ■ ■ Subject Property
Ir
City Limits
0 375 750 1,500 `NN\
Feet / V
1:10,000