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Plat of Survey of ISAAC Hanna 2nd AdditionCity of Dubuque City Council Meeting Consent Items # 020. Copyrighted November 20, 2023 ITEM TITLE: Plat of Survey of ISAAC Hanna 2nd Addition SUMMARY: Zoning Advisory Commission recommending approval of the Plat of Survey of I SAAC Hanna 2nd Addition. RESOLUTION Approving the Plat of Survey for Isaac Hanna 2nd Addition in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Application Vicinity Map Aerial Map Staff Report Plat of Survey of ISAAC Hanna 2nd Addition Resolution Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Resolutions Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org THE COF DUi! B E Masterpiece an the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Dubuque 2007,2012.2013 2017*2019 November 1, 2023 Applicant: Bob Schiesl, City of Dubuque Location: Corner of Hwy 20 and Old Highway Road Description: To approve the Plat of Survey of ISAAC Hanna 2nd Addition Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion Bob Schiesl, Assistant City Engineer, spoke on behalf of the application. He noted that the plat is part of the parcel cleanup related to the Southwest Arterial project, which is now complete. He stated they are resurveying and platting parcels that will become part of the right-of-way for Iowa Department of Transportation (IDOT), the City of Dubuque, and any excess land would be sold. Staff detailed the staff report, noting the submitted Plat of Survey of ISAAC Hanna 2nd Addition will divide the subject parcel into three parcels which include Lot A to be utilized for IDOT right-of-way for US Hwy 20, Lot B to be utilized for City of Dubuque right-of-way for Old Highway Road, and Lot 1 which will not have access to right-of-way and is intended to be sold. There were no public comments. The Zoning Advisory Commission discussed the request finding it appropriate. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the simple subdivision as submitted. A simple majority vote is needed for the City Council to approve the request. Service People integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Matt Mulligan, Chairpe so Zoning Advisory Com ' ' sion Attachments cc: Robert Schiesl, City of Dubuque Engineering Service People Integrity Responsibility Innovation Teamwork Dubuque THE C DUUB-*TE �•� o? ' 1111' 2007.2012.2013 2017*2019 Masterpiece on the Mississippi Zoning Advisory Commission ❑ Amended PUD ❑ Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ® Minor Final Plat ❑ Waiver from Site Design Standards Zonina Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal Development Services ❑ Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑ Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review A. Property Information Site Location/Address: Old Highway Road & US 20/Dodge Street Legal Description/Parcel ID#/Subdivision: PIN 1029452007 Existing Zoning: C-3 Proposed Zoning: Historic District: N/A City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 plannina@)cityofdubuque.org Historic Preservation Commission ❑ Demolition ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation: C-3 Site Area (square feet/acres): 1.04 acres (45,302 sq. ft.) Landmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Plat of Survey of ISAAC Hanna 2nd Addition C. Applicant/Agent Information Name: Robert Schiesl, City of Dubuque Engineering Phone: 563-589-4270 Address: 50 W. 13th Street City: Dubuque State: IA Zip: 52001 Email: bschiesl@cityofdubuque.org D. Property Owner(s) Information Name(s): Rick Skinner, Iowa Department of Transportation Off'If R' ht f IA/800 L' I W Phone: 515-239-1216 Address: ce o Ig o ay, Inco n ay City: Ames State: IA Zip: 50010 Email: rick.skinner@iowadot.us E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is true and correct to best of my/our knowledge and upon submittal becomes public record. _ . C f Applicant/Agent: Robert Schiesl, City of Dubuq Property owner(s): Rick Skinner, Iowa Department of Transportation Date: 10-26-2023 10-26-2023 Fee $ Ck# ❑CC ❑Cash Received by Date „ oxa o� o� aooa a� •°11 20 „ _ Dubuque County GIS Vicinity Map 0\�l sw �RTFRig( 3� 1 Applicant: City of Dubuque Engineering Department Location: Old Hwy Road and U.S. Highway 20/ Dodge Street Request type: Minor Subdivision Description: Plat of Survey of ISAAC Hanna 2nd Addition ■ ■ Subject Property 0 80 160 320 LqN\ Feet / V 1:2,000 Index Legend Location: Lot 4 of ISAAC Hanna Subdivision City of Dubuque, Iowa Requestor: City of Dubuque, Iowa 50 W. 13th Street, Dubuque, Iowa 52001 Proprietor: State of Iowa Surveyor: Michael R. Fagle Company: AECOM Michael R. Fagle, 501 Sycamore Street, Suite 222, Waterloo, Iowa, 50703 Return To AECOM, mike.fagle@aecom.com - 319-874-6595 P at of SAAC Hanna 2nd Addition a of Lot 4 of SAAC Hanna Subdivision in the City of Dubuque, Dubuque County, State of owa w L-n ((31 I, - Lot A is Right of Way for the State of Iowa - N Lot B Is Right of Way for the City of Dubuque _ x - _ - v �� (-� N Lot I wi I I not have access to I m 01 d Highway Road or U.S. Highway 20 N 1,- w U (n N W N W fi — V J (� � j (n O LOT B -- 0 75 150 225 300 l - 1 2 3 0 d Highway Road +Propos - - - - 4 Sca I e " = 150' l IOWA DOT ROW I Util y�_-_:__- A \V 7 Lot 4 1 L E<isto 10' s Fnde IDOT Easement: �,__ - ` \ / Easement R/W Rai .. \ LOT 1 8 L t 2 hL ITY OF DBQ ROW A SAAC annla Sub ivislL.; \\ \ 9 _ LOT A N\grv�oy ,�� I - Lot A , _ \ — 5 x v S _4— — RCESS ROW - DISPOSE isto 5` Lot 2 l E ement ISAAC Hanna 6 2nd Addition k>dl qf S H I/ 4�2 +rK t Lot 11 City of Dubuque l �• r Lot I -A sac Hanna bdVsion Acquisition 2016000044 — - - - - - — - - — - -- - - --- - 40 —t N. Coro 32-89-2E WeboV Acres Lot _ = Set /2 X 24 Rebar Ye ow Cap #8505 Fndo Mag o Nai I /Washer r' # 12631 Fndo I DOT Pin/A I um. Cap Date Signed 10-18-2023 Note- _ 4F Section Corners and Property Description of ISAAC Hanna 2nd Addition p I hereby certify that this Land Surveying Corners were found during the document was prepared by me or under design survey for the Dubuque AI I of Lot 4 of ISAAC Hanna Subdivision " SAND my direct personal supervision and that I am a duly Licensed Land Surveyor Southwest Arterial which is shown on a Final Plat that is SGPF=-., under the laws of the State of Iowa. recorded in file 2008-00001840 in the �; MICHAEL R io "= 10- 18-2023 See Sheet 2 of 2 for of fines office of the Dubuque County Recorder. FAGLE 8505 p ° MICHAEL R. FAGLE Date bearings and distances table and All In the City of Dubuque, County of Dubuque, License number 8505 lot areas ' ..... AECOM State Of I OWae /Owp, My I icense renewal date is December 31,2024 Pages or sheets covered by this seal: Containing 45,440 Square Feet Sheet I of 2 SHEETS 1 AND 2 OF 2 THE C DUUB%FEI Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Travis Schrobilgen, Assistant Planner DATE: October 24, 2023 SUBJECT: Plat of Survey of ISAAC Hanna 2nd Addition INTRODUCTION Dubuque All•pll�l� 61Er II 2007.2012.2013 2017*2019 The proposed Plat of Survey affects a single property totaling approximately 1-acre, which will be reorganized to create three lots. Pursuant to the Unified Development Code (UDC), the proposed subdivision is classified as a Minor Subdivision, and therefore requires review by the Zoning Advisory Commission and City Council. DISCUSSION As proposed, the Plat of Survey of ISAAC Hanna 2nd Addition would reorganize an existing property at the intersection of Old Highway Road and Dodge Street. The plat is being proposed in order to reallocate property around Old Highway Road to the City and Iowa Department of Transportation (IDOT). The proposed plat would create the following three lots: • Lot A will be incorporated into the IDOT right-of-way; • Lot B will be incorporated into City of Dubuque right-of-way; and • Lot 1 will be privately owned and will then have street frontage along the newly created Lot A and Lot B but will not have direct access from either right of way. The proposed lots are in substantial conformance with the Unified Development Code and the City's Comprehensive Plan which identifies transportation as a vital link within Dubuque's economic fabric. The Zoning Advisory Commission shall review the submitted plat to determine whether it is in substantial conformance with the Unified Development Code. RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Plat of Survey of ISAAC Hanna 2nd Addition and recommends approval. 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A thirty-foot wide public utility easement is hereby reserved as stated and as shown on Sheet 1 of 2 of this plat. Said easement shall be for the purpose of constructing and maintaining all existing and future underground utilities and other appurtenances within said utility easement, along with the right, privilege, and authority to allow access, construct, reconstruct, maintain, operate, repair, patrol and remove said facilities, now and in the future. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incidental to rights given herein. No structures shall be erected over or within the utility easement area without obtaining the prior written approval of the facility owner(s). No change in the grade, elevation, and contour or perform any construction or excavation over or within the utility easement area that will diminish the integrity of said underground facilities without obtaining the prior written consent of the facility owner(s). IOWA DEP State of Iowa ) ) ss: County of Story NT OF TRANSPORTATION , Director of Right -of -Way Bureau On this I '�'1 of day November, 2023, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Brad Hofer, to me personally known who, being duly sworn did say that the said Brad Hofer is the Director of Right -of -Way Bureau for the Iowa Department of Transportation, and that said instrument was signed and sealed on behalf of the said Iowa Department of Transportation, and the said Brad Hofer acknowledges the execution of said instrument to be the voluntary act and deed of said Iowa Department of Transportation, by it voluntarily executed. SANDY SELLS i commissiu: � Number 771136 My c%—yq� is ion Expires 'pow —dO Sal( S/l Notary Public in the State of Iowa My Commission Expires /--/c)-�, CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa November 12023 The foregoing Plat of Survey of Isaac Hanna 2"d Addition, in the City of Dubuque, or within the two- mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, is hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended. City of Dubuque Zoning Advisory Commission PLANNING SERVICES Dubuque, Iowa Aet* Chairperson November Iq 2023 The foregoing Plat of Survey of Isaac Hanna 2"d Addition, in the City of Dubuque or 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 accorqpLgce wAne r 42 of the City of Dubuque Code of Ordinances, and said approval has been endJ�r herdatfirst written above. / CITY COUNCIL Dubuque, Iowa ly rn o City Planner nn' er ices Division City of Dubuque, Iowa November �2023 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey: Isaac Hanna 2"d Addition, in the City of Dubuque, Dubuque County, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 383-d3 , the Dubuque City Council approved said plat. —r G6rad M. Cavanagh Mayor of the City of Dubuque a4 A�#aO67 4",CPnC N, Br';f& Idc'- -Ag&tartrt-Clerk of the City of Dubuque COUNTY AUDITOR Dubuque, Iowa November, 2023 The foregoing Plat of Survey of: Isaac Hanna 2"d Addition, in the City of Dubuquo,^.b611iuque County, Iowa was entered of record in the office of the Dubuque County Auditor this of Noven!bp r , 2023. We approve the subdivision name or title to be recorded. vin Dragotto D -' quenC%u Au br CITY ASSESSOR Dubuque, Iowa November QI $`I • , 2023 The foregoing Plat of Survey of Isaac Hanna 2"d Addition, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the City Assessor of the City of Dubuque, Iowa, this of November, 2023. Troy Patzner Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa November 215' , 2023 The foregoing Plat of Survey of Isaac Hanna 2"d Addition, in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. p g 1 K rol KennedW c- - Recorder of Dubuque County, Iowa COUNTY TREASURER Dubuque, Iowa November_, 2023 I, the undersigned, Michael Clasen, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against, Lot 4 of Isaac Hanna Subdivision, in the City of Dubuque, Dubuque County, Iowa, have been paid and said real estate is free and clear of all taxes as of this date. v r y Michael elasen Dubuque County Treasurer Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 131h St Telephone: 589-4121 RESOLUTION NO. 383 - 23 A RESOLUTION APPROVING THE PLAT OF SURVEY FOR ISAAC HANNA 2nd ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey ISAAC Hanna 2"d Addition in the City of Dubuque, Iowa; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of Survey for ISAAC Hanna Znd Addition 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 Plat of Survey. Passed, approved and adopted this 201' day of November 2023. Brad M. Cava na Ja, ayor Attest: Adrienne Breitfelder, Ci y Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 383-23 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 21 st day of November, 2023. Adrienne N. Breitfelder, City Clerk Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 1311, St Telephone: 589-4121 RESOLUTION NO. 383 - 23 A RESOLUTION APPROVING THE PLAT OF SURVEY FOR ISAAC HANNA 2nd ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey ISAAC Hanna 2nd Addition in the City of Dubuque, Iowa; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of Survey for ISAAC Hanna 2nd Addition 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 Plat of Survey. Passed, approved and adopted this 20th day of November 2023. Brad M. Cavana ta, ayor Attest: Adrienne Breitfelder, Ci y Clerk I IAIADOT www.iowadot.gov SMARTER I SIMPLER I CUSTOMER DRIVEN�3_�:_._- -.-- ,----� Right of Way Bureau - Property Management 800 Lincoln Way, North Annex, Ames, [A 50010 Phone:515-239- Email: @iowadot.us CERTIFIED LETTER February 29, 2024 When Communicatina. Refer To: Dubuque County Project: N HSN-20-9(144)-2R-31 Parcel:1, 1A, 2 and 2A Quitclaim Deed City of Dubuque, Iowa City Hall 50 W 13th Street Dubuque, IA 52001 Dear City of Dubuque, Iowa: We are enclosing Quitclaim Deeds signed by the Director of the Iowa Department of Transportation. This document conveys to City of Dubuque, Iowa, 7,128 SF of Lot B, 12.72 acres of Lot A. 0.87 acres of Lot 4 and 0.11 acres of Lot 5 of land located in Dubuque County, Iowa. The document was recorded in the Dubuque County courthouse. Sincerely, Sandy Sells Property Manager si s Enclosure Number: 202400001593 Recorded: 2/29/2024 at 9:42:29.0 AM County Recording Fee: $27.00 Iowa E-Filing Fee: $3.00 Combined Fee: $30.00 Revenue Tax: $0.00 I(aroll(ennedy, RECORDER Dubuque County, Iowa Prepared by/Return to: Sandy Sells, IA Department of Transportation, Right of Way Bureau, 800 Lincoln Way, Ames, IA 50010, 515-239-1731 Address Tax Statement to: Tax Exempt - Iowa Code Section 427.1 City of Dubuque, IA, City Hall, 50 W I Y' Street, Dubuque, IA 52001 GPIOWADOT STATE OF IOWA IOWA DEPARTMENT OF TRANSPORTATION QUITCLAIM DEED TO CITY OF DUBUQUE, IOWA The Iowa Department of Transportation, by Scott C. Marler, Director, acting for the State of Iowa by authority of Iowa Code Section 306.42, hereby quitclaims, grants and conveys unto the City of Dubuque, Iowa, City Hall, 50 W 131 Street, Dubuque, IA 52001, all rights, easements, title, and interest in all land used as streets and highway right of way, all roadway, and all right of way and roadway appurtenances thereto, together with any other lands and interests in land which may have been acquired by prescription and by adverse possession and by any other title instrument and by the public's use thereof as a public roadway, and any bridges, culverts, or structures that may be situated thereon, to the following described roadway situated in Dubuque County, Iowa, to -wit: That portion of former Primary Road No. US 20, which is now a part of the local municipal street system, and is described as follows: A portion of Lot 4, shown as Lot B that contains 7,128 square feet of ISAAC Hanna Subdivision which is shown and described on Plat of ISAAC Hanna 2"d Addition all of Lot 4 of ISAAC Hanna Subdivision, Dubuque County, Iowa filed on November, 21, 2023, in the office of Dubuque County Recorder as File 2023-00011059. Title and interest to part of the above -described roadway was acquired by the State of Iowa through the following title instruments filed and recorded in the records of Dubuque County, Iowa. %'14 SECTIONS GRANTOR(S) LOTS, BLOCKS Isaac Hanna, Lot 4 of Isaac Hanna LLC Subdivision GENERAL LOCATION SEC-TWP-RNG TYPE OF INSTRUMENT Sec29, T89N, R2E Condemnation DATE FILED BOOK PAGE 1/25/2010 2010 00001178 This instrument does not transfer any access rights. All access rights are being retained by the Iowa Department of Transportation. It transfers only the right of way for the above -described parcel. This transfer is subject to the rights of all utilities in possession of any right of way and all rights of ingress and egress whether excepted, reserved, or granted by the transferring authority to land or to owners of land adjacent to the above -described roadway. The Grantee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this deed for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provisions of similar services or benefits, the Grantee shall maintain and operate such facilities and services in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. Dubuque County Project: NHSN-20-9(144)-2R-31, Parcel 2 That in the event of breach of any of the above nondiscrimination covenants, the Iowa Department of Transportation, acting for the State of Iowa, shall have the right to re-enter said land and facilities thereon, and the above -described lands and facilities shall thereupon revert to and vest in and become the absolute property of Iowa Department of Transportation, acting for the State of Iowa, and its assigns. Should Grantee elect to dispose of these premises in the future, Grantee acknowledges that these premises were acquired for highway purposes and therefore any future disposal shall be in accordance with the Iowa Code in regard to the disposal of highway right of way. This transaction is exempt from transfer tax and a declaration of value because the State of Iowa is the grantor, pursuant to Iowa Code Section 428A.2(6). Signed this Zg0 day of 19 , 2024 f nowv' Scott C. Marler, Director Iowa Department of Transportation STATE OF IOWA, STORY COUNTY, §: This instrument was acknowledged before me on -Pjo . ,2 (p , 2024, by Scott C. Marler, as Director, respectively of Iowa Department of Transportation. (SEAL) JILL STRUVE CO"W*Wm Number u O11 June 15, 20A- 0 ("a N Public in and for said State of Iowa Approved as to form: Shean Fletchall Assistant Attorney General Transportation Section Chief By: (Date) Michael J. 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