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Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot A, Lot 4, and Lot 5 of Weber Acres 2nd AdditionCity of Dubuque City Council Meeting Consent Items # 010. Copyrighted April 1, 2024 ITEM TITLE: Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition SUMMARY: City Manager recommending City Council acceptance of the Quit Claim Deed from the State of Iowa, Iowa Department of Transportation (Iowa DOT) for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa. RESOLUTION Accepting Quit Claim Deed from State of Iowa, Iowa Department of Transportation for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Supporting Documentation Quit Claim Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition DATE: March 27, 2024 Assistant City Engineer Robert Schiesl is recommending City Council acceptance of the Quit Claim Deed from the State of Iowa, Iowa Department of Transportation (Iowa DOT) for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa. When Westside Drive was constructed as part of the Southwest Arterial / US52 project, the frontage road was constructed on and over a portion of Iowa DOT property. As part of the survey and plating process, the public road right-of-way for the Westside Drive frontage road was platted as Lot A of Weber Acres 2nd Addition. The Quit Claim Deed for Lot A conveys the Westside Drive public road right-of-way from the Iowa DOT to the City. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Nate Kieffer, PE/PLS Wally Wernimont, Planning Services Director THE COF DtUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer DATE: March 27, 2024 Dubuque All -America City Il 2007•2012.2013 2017*2019 SUBJECT: Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition INTRODUCTION The purpose of this memorandum is to request City Council acceptance of the Quit Claim Deed from the State of Iowa, Iowa Department of Transportation (Iowa DOT) for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa. BACKGROUND Now that the Southwest Arterial / US52 project is completed and per the terms of the Memorandum of Understanding (MOU) and the Transfer of Roadway Jurisdiction (TOJ) Agreements the City is responsible for the survey and plating the highway access control right-of-way, plating the interchange locations, plating right-of-way for the frontage roads, and identifying any potential excess remnant parcels. When Westside Drive was constructed as part of the Southwest Arterial / US52 project, the frontage road was constructed on and over a portion of Iowa DOT property. As part of the survey and plating process, the public road right-of-way for the Westside Drive frontage road was platted as Lot A of Weber Acres 2nd Addition. The Quit Claim Deed for Lot A conveys the Westside Drive public road right-of-way from the Iowa DOT to the City. Additionally, when Westside Drive was constructed, a secondary private drive (Westside Court) was constructed on and over Iowa DOT property (Lot 4). The Quit Claim Deed for Lot 4 conveys the property from the Iowa DOT to the City. Lot 4 will retain a 60-foot ingress / egress easement for the private drive Westside Court. As part of the survey and plating process, a portion of Lot 4 has been identified as excess remnant property and the City will subsequently dispose of the excess property through the Iowa Code 306.23 process. As part of the survey and plating process, Lot 5 has been identified as an excess remnant property. Lot 5 is located on the westerly end of Westside Drive, adjacent to the Menards property. The City will subsequently dispose of the excess property through the Iowa Code 306.23 process. RECOMMENDATION I would recommend that the City Council accept the Quit Claim Deed from the State of Iowa, Iowa DOT for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa. ACTION TO BE TAKEN I respectfully request that the City Council accept the Quit Claim Deed from the State of Iowa, Iowa DOT for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa, through the adoption of the attached resolution. cc: Nate Kieffer, PE/PLS Wally Wernimont, Planning Services Director F:\PROJECTS\SOUTHWEST ARTERIAL\SURVEY - REPLAT CORRIDOR\Weber Acres 2nd Addition\Quit Claim Deed 2 Prepared by: Robert Sohiesl City of Dubu ue 50 W. 13th St. Dubuque, IA 52001 563 589-4270 Return t0'. Nate Kieffer City of Dubuque, 50 W. 13" Street Dubuque, IA 52001 563 589-4270 RESOLUTION NO. 71-24 RESOLUTION ACCEPTING QUIT CLAiM DEED FROM STATE OF IOWA, IOWA DEPARTMENT OF TRANSPORTATION FOR LOT A, LOT 4, AND LOT 5 OF WEBER ACRES 2ND ADDITION, DUBUQUE COUNTY, iOWA WHEREAS, the State of Iowa, Iowa Department of Transportation are the owners of the property legally described as: Lot A of Weber Acres 2nd Addition, Dubuque County, Iowa, according to the recorded plat thereof; and Lot 4 of Weber Acres 2nd Addition, Dubuque County, Iowa, according to the recorded plat thereof; and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa, according to the recorded plat thereof; and WHEREAS, Lot A of Weber Acres 2nd Addition was platted as public road right- of-way for the Westside Drive frontage road as shown on the final subdivision plat of Weber Acres 2nd Addition filed as instrument number 2023-00011060 in the Office of the Dubuque County Recorder; and WHEREAS, Lot 4 of Weber Acres 2nd Addition was identified as an excess remnant property and will retain a 60-foot ingress 1 egress easement for the private drive Westside Court as shown on the final subdivision plat of Weber Acres 2nd Addition filed as instrument number 2023-00011060 in the Office of the Dubuque County Recorder; and WHEREAS, Lot 5 of Weber Acres 2nd Addition was identified as an excess remnant property as shown on the final subdivision plat of Weber Acres 2nd Addition filed as instrument number 2023-00011060 in the Office of the Dubuque County Recorder; and WHEREAS, the State of Iowa, Iowa Department of Transportation has executed the attached Quit Claim Deed conveying their interest in Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa as filed as instrument number 2024- 00001594 in the Office of the Dubuque County Recorder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Quit Claim Deed from State of Iowa, Iowa Department of Transportation, copies of which are attached hereto, as required by Iowa Code Section 569.7. SECTION 2. The City Clerk is hereby authorized to and directed to record this resolution with the Dubuque County Recorder, Passed, approved, and adopted this Attest: �p Adrienne N. Breitfelder, City Clerk 1 st day of April 2024. Brad nagh, Mayor Number: 202400001594 Recorded: 2/29/2024 at 9:44:31.0 AM County Recording Fee: $37.00 Iowa E-Filing Fee: $3.00 Combined Fee: $40.00 Revenue Tax: $0.00 Karol Kennedy, RECORDER Dubuque County, Iowa Prepared by/Retum 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 131 Street, Dubuque, IA 52001 G010WADOT 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 13" 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: Lot A, containing 12.72 acres and Lot 4, containing 0.87 acre and Lot 5, containing 0.11 acres as shown and described on Plat of Survey Weber Acres 2nd Addition, Dubuque County, Iowa filed on November, 21, 2023, in the office of Dubuque County Recorder as File 2023-00011060. 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. GENERAL LOCATION '/ % SECTIONS SEC-TWP-RNG TYPE OF GRANTOR(S) LOTS, BLOCKS INSTRUMENT City of Dubuque, SW'/, fthe SWl/4 Sec29, T89N, R2E QCD Iowa Menard,Inc Lot 2 of Siegert's Place Sec32, T89N, R2E Warranty Deed DATE FILED BOOK PAGE 8/20/1999 99 13560 9/25/2001 01 15374 Schuster Heating Lot 4 of Westside Sec32, T89N, R2E Warranty Deed 5/6/2005 2005 00006897 and Pump, Inc Commercial Park Tschiggfrie Lot 1 and 2 of Weber Sec 29 and 32, Warranty Deed 3/3/2003 03 5029 Acres T89N, R2E 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, including but not limited to any easements reserved in the Owner's Consent to the Plat of Survey of Weber Acres 2ad Addition, Dubuque County, Iowa, filed on November 21,2023, in the office of the Dubuque County Recorder as File 2023-00011060. Dubuque County Project NHSN-20-9(144)-2R-31, parcels 1, 1A, and 2A 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. 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). S // Signed this �Yday of rt 6 , 2024 412 Scott C. Marler, DirecJ6r Iowa Department of Transportation STATE OF IOWA, STORY COUNTY, §: This instrument was acknowledged before me on 2024, by Scott C. Marler, as Director, respectively of Iowa Department of Transportation. (SEAL) jILL STRUVE > _COW"Wen Nualber 768412 - ow Cm Approved as to form: Shean Fletchall Assistant Attorney General Transportation Section Chief By: � Michael J. Assistant Attorney N#ary Public in and for said State of Iowa (Date) Dubuque County Project NHSN-20-9(144)-2R-31, parcels 1. 1A, and 2A Plat of Survey Weber Acres 2nd Addition Index legend IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Part of Lots I and 2 of Weber Acres and Part of Lot 4 of Westside Commercial Park Location: Part of Lot, 1and 2ofweber Acres and part oflnt4 and Lots A and B of Siegerts Place 3rd Addition and Part of Lot A-1-1 of the East 1/2 of Westside Commercial Park and lots A and B of Siegerts Place 3rd Addition and part of Lot A-l-1 of the East 1/2 of Doc ID: 011166870010 Type: GEN Kind: SUBDIVISION PLAT of the Northwest 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M. and the Northwest 1/4 of Section 32, Township 89 North, Recorded: 11/21/2023 at 04:10:53 PM Fee Amt: $52.00 Pape 3 of So Part of the Northwest 1/4 and the Northeast 1/4 of Section 32, Township 89 North, Ranger 2 Eastofthe Sth P.M.and part of the Northwest l/4 Dubuque county Iowa Range 2 East of the 5th P.M. and Part of the Southeast 1/4 of and the Northeast 1/4 of Section 32, Township 89 North, Range 2 Eastofthe Sth P.M. and part of the Southeast 114 Karol Kennedy Recorder Section 29 Township89 North Range 2 East of the 5th P.M. r t g of Section 29,Township 89 North, Range 2 East of the Sth P.M., F11e2023-00011060 al I in the City of Dubuque, Dubuque County, State of Iowa County of Dubuque, State of Iowa Requestor. City of Dubuque, Iowa 50 W. 13th Street, Dubuque, Iowa 52001 1 I I I Proprietor. State of Iowa l l L I I Surveyor: Michael R. Fagle 1 old wenroy 8aad Company: AECOM Michael R. Fogle, 501 Sycamore Street, Suite 222, I , Return To Waterloo, Iowa, 50703 AECOM,mike.fagle@aecom.com-319-874-6595 - Let XI/4 N 1 Lot 3 7 29-99-2E Let A 15AAC llama 6 SubA1vINan 9 Let 2 I qo 491 Slpolvlaloe of �� 48 I Lo+ 1-2 SW1/4 y.. SEI/4 2te X Let 1 Lott' I A ISAAAACIsilmaw 4T I Po1M 5 10 ub swNelen Acauiel+ion 46 NW C(e NW 1/4 SEc. 32-A-2E FNa. S.C.LL 6= y Subdivision PIM 2 Plat 201600004463 Ze' I _ — _ _ _ — — _ _ — _ — _ — _ 44 — ProPewwsity DEEP T Inr— - K c011. We 1/4 SEC. xeawieian tat FND. WAG NAIL/11.tSNER — _ Is o 2s Iso zzs 3aa 32-e9-2E I H OT 4 utility Eaewlwnf M IMI 37 Let 4 ENIst.Publlo Utlll+y Eass Scale l" = 300' Let 3 °O Shawn en Plat ProPoesd 60' 4 Weber Acres 35 43 E'ly Lbe �t SuS PONrt Ineree/Egrese 34 G 2nd Addition i.e.1r Aare Lot 1-1-1 EI/2 10I/4 32-89-8 Easement Let 33 P." 2 3 NW'Iy tire si 2 Lot z1 Lot A -I Sieesrra Proer ud utility Esrel 38 ,3 Sewer UFIIity 6asreenf OT Subdlvislon Lot 2 PACdI+I- Ira 9 i O.A 4D Wsbar Agree I 1 A=COM Iff— NWI/4 a Lot 1-1 EI/2 file- 32-69-M 3 16 41. \ \ Lot A-1 51 O� arts sW'ly u- C g \ LNw\ Plan tldra Addttim W""t" cal cl.. IT Logy hie 2 �+ 6 Cwee 22 Ae Third mo-d Addm Plxe Park 3 Le+ 1-I Ww Caneneralol uralde 1y Lot 2 \ \ WW1/4 Lof l Park aAQwN ' sz-e9-zE \ Arthoter's Sky Ire LOT 3 11 }e Addltlon M10 30 Plaeea rd Let 2-1 o Addition ny uro �04 Lorye Sieger+e IS LWorr mu A J AEEiilenTno-a ENlet. 4o 29 sleg-1. Place aw Eessawnt 23 Fourth Addition LOT 5 24 Lot 2 25 Parr of Lor A -I -I E112 NW1/4 Sec 32-99-2E SE'LY Llne 12 Lot I Waeer ae. �E•1yy Lhw 2 Wes er Aare. w:114 14 Wy z Pins Found Letter of Comer Description of Pins Found A Found 1/2" Iron Pin la in OrI itside 8 Found 1/2" Iron Pin C No. 14417 C Found 3/,V'Pipe D Found 1/2" Iron Pin E Found 5/8" Iron Pin F Found Rebar IDOTAIuminum Ca G Found Right-of-WaV Rail H Found Rebar IDOTAIuminum Ca I Found Wg'RebarCap No. 12631 J Found V'Pipe K Found 2/2" Iron Pin Cap No. 14417 / Lot A Sie,— Place Third 1 Aaalrlan 26 E'ly Line Lot A Sieeer+e : co, NE I/4 1/4 SE.32-99-2E FNO. 5/9• IRON PIN T1 D E Platt I -- 28 Addinon _ — . — . _._ _ - - - 36 Lot YA Slparrs Place Fifth AUNtl.n 27 'ly Line \ Notel Section Corners and Property corners were found during the Lot 3-A 5leperle Plo:s FlfM Addltlon \ Lot A to be Right-of-WAy for the Clty design survey for the Dubuque Southwest Arterial Date Sig ned 10-18-2023 Lof I of Dubuque,lowa See Sheet 2 and 3 of 5 for Bearing and Distance Tables and Area Table 1 r+sy cMlry slper+-arodley Place Areo See Sheet 4 of 5 for Description of Boundary of Weber Acres 2nd Atldl+Ion dav�t.w P� Weber Acres 2nd Addition Contains 954,235 S Feet or 21.91 Acres Square See Sheet 5 of 5 for Location of Existing and New Eabements ^'•�r�\ y..°y f \�F LNlaett O=Set 1/2'x 24'Rebcr Yellow Cap #8505 rru R. PNtE Sheet I of 5 i vieer Plat of Survey Weber Acres 2nd Addition Part of Lots I and 2 of Weber Acres and Part of Lot 4 of Westside Commercial Park and Lots A and B of Siegerts Place 3rd Addition and Part of Lot A-1-1 of the East 1/2 of the Northwest 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M. and Part of the Northwest 1/4 and the Northeast 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M. and Part of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, State of Iowa Point Number 2 is the Point of Beginning Bearings and Distances Boundary Weber Acres 2nd Addition 1 To 2 1 S OS ° 31 57 " I E 205.87' 21 To 1 22 1 5 1371 - 137124 "1 E 1 20.00' 20.15' Record 2 To 3 1 S 80 ° 15 18 1 "1 E 88.76' 22 To 23 R=2644.79' L= 629.69' 629.91' Record LC = S 45°15'23" W 628.20' 3 To 4 N 25 00 40 "1 E 110.72' 4 To 5 N 59 ° 00 52 "1 E 511.96' 23 To 1 24 1 S 1011 132109 1 "1 E 1 107.21' 5 To 6 N 71 ° 25 19 E 430.00' 24 To 1 25 1 S 1881 134142 1 " I W1 85.11' 6 To 7 N 47 47 33 E 87.32' 25 To 26 R = 2644.79' L = 216.89' 216.60' Record LC = S 33°07'24" W 216.83' 7 To 8 N 71 25 17 E 1 73.72' 8 To I S 02 57 15 E 1 291.28' 26 1 To I B I N 43 17 17 " W 20.79' 20.51' Record I To 10 N 85 41 12 El 25.01' B To K R = 2664.79' L=156.26' LC = S 29° 13'Ol" W 156.24' 10 To 11 S 02 55 46 E 1 400.02' 11 To 12 S 70 29 20 "WI"IWI 592.03' K To 27 1 S 1401 144121 " W 109.46' 12 To 13 S 182 46 26 W1 224.92' 225.00' Record 27 ITol 28 1 N 1121 146127 " I E 1 98.01' 13 To 14 S 07 15 22 E 113.15' 113.20'Record 28 To 29 R=2714.79' L=474.95' LC = N 32°18'19" E 474.83' 14 To 15 1 S 162 38 19 W1 440.45' 440.42' Record 15 To 161 N Ol ° 31 57 W 485.04' 29 To 30 N 37 1241 '1411" I E 237.87' 16 To 1 17 1 5 171 281 03 W1 147.67' 150.42' Record 30 To 31 N 45 19 20 "1 E 284.04' 17 To 18 R = 50.00' L = 85.57' 85.60' Record LC = N 67°26'34" W 75.50' 31 To 32 N 49 19 14 "1 E 286.68' 32 To 33 N 56 50 33 1 E 295.97' 18 To 1 191 N 1561 ° 1281 '115 1 " I W1 143,59' 143.71' Record 33 To 34 N 66 25 ' 05 E 143.47' 19 To 20 R=125.00' L = 26.25' 25.79' Record LC = N 50°28'31" W 26.20' 34 To 35 N 85 07 56 E 170.24' 35 To 2 S 80 ° 15 18 E 113.51' 20 To 21 R = 2664.79' L = 429.46' LC = S 56°41'46"W 429.00' 1 To 1 36 S 101 ° 31 57 1 E 1 1353.69' 1 To 1 37 1 S 188 11 55 " W 2677.75' Point Number 9 is the P.O.B. Lot I Point Number I I is the P.O.B. Lot 2 Bearings and Distances Lot 1 8 To 9 S 102 157 ' 15 " E 52.96' 9 To I S 02 ° 57 15 "1 E 1 238.32' I To 46 N 87 07 05 W1 142.27' 46 To 47 N 00 ° " 43.09'47 To 48 N 10 ffOO 91.52'48 To 49 N 39 ° fE 77.05'49 To 9 N 59 74.60' Bearings and Distances Lot 2 11 To 12 S 70 ° 29 ' 20 " W 592.03' 12 To 13 S 82 46 26 "1 W1 224.92' 13 To 46 N 07 15 22 W 125.00' 46 To 41 N 35 30 02 W 37.24' 41 To 42 S 73 Ol ' 21 E 53.31' 42 To 43 N 67 35 12 E 634.95' 43 To 44 N 20 ° 58 54 E 184.86' 44 To 45 1 S 171 1381 09 E I 104.68' 45 To 111 S 102 55 L 46 E 294.83' Point Number 14 is the P.O.B. Lot 3 Point Number 16 is the P.O.B. Lot 4 Bearings and Distances Lot 3 14 To 15 S 62 ° 38 19 W1 440.45' 15 To 40 N Ol 31t'57 W 577.56' 40 To 41 S 73 ° Ol E 371.09'41 To 46 S 35 ° 30 E 37.24'46 To 14 S 07 15 E 238.15' Bearings and Distances Lot 4 16 To 1 17 1 S 1711 - 128103 1 " I W 147.67' 17 To 18 R = 50.00' L = 85.57' LC = N 67°26'34" W 75.50' 18 To 1 19 1 N 1561 ° 1281 '115 1 " I W1 143.59' 19 To 20 R=125.00' L = 26.25' LC = N 50°28'31" W 26.20' 20 To 38 N 70 41 33 E 112.96' 38 To 39 N 82 16 53 E 60.00' 39 To 40 5 80 ° 18 23 E 183.72' 40 To 16 S Ol ° 31 57 E 1 92.52' Sheet 2 of 5 Plat of Survey Weber Acres 2nd Addition Part of Lots I and 2 of Weber Acres and Part of Lot 4 of Westside Commercial Park and Lots A and B of Siegerts Place 3rd Addition and Part of Lot A-1-1 of the East 1/2 of the Northwest 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M. and Part of the Northwest 1/4 and the Northeast 1/4 of Section 32,Township 89 North, Range 2 East of the 5th P.M. and Part of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, State of Iowa Bearings and Distances Lot 5 23 To 124 1 S 1011 132109 1 "1 E 107.21' 24 To 125 1 S 1881 134142 1 " I W 85.11' 25 To 23 R = 2644.79' L=136.77' LC = N 36°57'15" E 136.76' Point Number 8 is the P.O.B. Lot A Bearings and Distances Lot A 8 To 9 S 02 57 15 " E 52.96' 25 To 26 R = 2644.79' L = 216.89' 216.60' LC = S 33°07'24" W 216.83' 9 To 49 S 59 13 35 " 1W 74.60' 49 To 48 S 39 15 38 " W 77.05' 26 ITol B I N 43 17 17 " W 20.79' 48 To 47 S 10 40 26 W 91.52' B To K R = 2664.79' L=156.26' LC = S 29°13'01" W 156.24' 47 To 46 S 00 DO 00 E 43.09' 46 To I S 87 07 05 E 142.27' K To 27 S 40 44 21 " W 109.46' I To 10 N 85 41 12 E 25.01' 27 To 28 N 12 46 27 " E 98.01' 10 To 45 S 02 55 46 " E 105.19' 28 To 29 R = 2714.79' L = 474.95' LC = N 32°18'19" E 474.83' 45 To 44 N 71 38 09 " W 104.68' 44 To 43 S 20 ° 58 54 " W 184.86' 29 To 30 N 37 24 41 " E 237.87' 43 To 42 S 67 35 12 " W 634.95' 30 To 31 N 45 ° 19 20 " E 284.04' 42 To 41 N 73 Ol 21 " W 53.31' 31 To 32 N 49 19 14 " E 286.68' 41 To 40 N 73 Ol 21 " W 371.09' 32 To 33 N 56 50 33 " E 295.97' 40 To 39 IN 80 ° 18 23 W 183.72' 33 To 34 N 66 25 05 E 143.47' 39 To 38 S 82 16 53 W 60.00' 34 To 35 N 85 07 56 " E 170.24' 38 To 20 S 70 41 33 W 112.96' 35 To 2 S 80 15 18 " E 113.51' 20 To 21 R = 2664.79' L = 429.46' LC = S 56°41'46"W 429,00' 2 To 3 S 801 115118 " E 88.76' 3 To 4 N 25 1001 '140 " E 110.72' 21 ITol 22 1 S 1371 - 137124 "1 E 1 20.00' 4 To 5 N 59 00 52 " E 511.96' 22 To 23 R = 2644.79' L = 629.69' 629.91' LC = S 45°15'23" W 628.20' 5 To 6 N 71 25 19 " E 430.00: 6 To 7 N 47 47 33 " E 87.32' 23 To 25 R = 2644.79' L = 136.77' LC = S 36°57'15" W 136.76' 7 To 8 N 71 ° 25 ' 17 " E 73.72' Area Table Boundary and Lots Square Feet Acres Weber Acres 2nd Addition 954,235 21.91 Lot 1 24,889 0.57 Lot 2 171,761 3.94 Lot 3 161,087 3.70 Lot 4 37,726 0.87 Lot 4,643 0.11 Lot A 554,129 12.72 Sheet 3 of 5 Plat of Survey Weber Acres 2nd Addition Part of Lots I and 2 of Weber Acres and Part of Lot 4 of Westside Commercial Park and Lots A and B of Siegerts Place 3rd Addition and Part of Lot A-1-1 of the East 1/2 of the Northwest 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M. and Part of the Northwest 1/4 and the Northeast 1/4 of Section 32,Township 89 North, Range 2 East of the 5th P.M. and Part of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, State of Iowa Description: Weber Acres 2nd Addition Partof Lots 1 and 2 of Weber Acresand partof Lot4 of Westside Commercial Park and Lots A and B of Siegert's Place Third Addition and partof LotA-1-1 ofthe East 1/2 ofthe Northwest 1/4of Section 32, Township 89 North, Range 2 East of the 5th P.M. and part ofthe Northwest 1/4 and partof the Northeast 1/4 of Section 32, Township 89 North, Range 2 East ofthe Sth P.M. and partof the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M., all in the City of Dubuque, County of Dubuque, State of Iowa, described as follows: Commencing at the Northeast corner ofthe Northwest 1/4 of said Section 32; thence South 01*31'57" East (assumed bearingforthe purpose ofthis description) along the East line ofthe Northwest)/4of said Section 32, a distance of 205.87 feet to the Point of Beginning; thence South 80'15'18" East, 88.76feet; thence North 25'00'40" East, 110.72 feet; thence North 59°00'52" East, 511.96 feet; thence North 71'25'19" East, 430.00 feet; thence North 47°47'33" East,87.32 feet thence North 71°25'17" East, 73.72 feet to the Northerly prolongation of the Easterly line of Lot 1 of WeberAcres; thence South 02°57'15" Eastalongthe Northerly prolongation ofthe Easterly line of lot 1 of WeberAcres and the Easterly lineof Lot 1 of We ber Acres, 291.28 feet to a corner of Lot 1 of Weber Acres; thence North 85°41'12" Eastalonga Northerlyline of Lot 1 of Weber Acres 25.01 feet to a corner of Lot 1 of Weber Acres; thence South 02°55'46"Eastalongthe Easterly line of Lot 1 of Weber Acres, 400.02 feet to the Southeasterly corner of Lot 1 of Weber Acres; thence South 70'29'20" West alongthe Southeasterly lineof Lot 1 of Weber Acres, 592.03 feet to a corner of Lot 1 of Weber Acres; thence South 82°46'26" West along the Southeasterly lineof lot 1 of W e berAcres, 224.92 feet (225.00 feet record) to the Southwesterly comerof Lot 1 of WeberAcres; thence South 07'15'22" Eastalongthe Easterly lineof Lott of WeberAcres,113.15 feet(113.20feet record) tothe South easterly corner of Lott of WeberAcres; thence South 62°38'19" Westalongthe Southeasterly line of Lot 2 of WeberAcres, 440.45feet (440.42 feet record) to the Southwesterly comerof Lot 2 of WeberAcres; thence North 01*31'57" West along the Westerlyline of Lot 2 of Weber Acres, 485.04 feet to the Southeasterly cornerof Lot4 of Westside Commercial Park; thence South 71'28'03" West along the Southeasterly line of Lot4 of Westside Commercial Park, 147.67 feet (150.42 feet record) to the Southerly corner of Lot 4 of Westside Commercial Park being the beginning of a non -tangent curve concave Southwesterly and having a 50.00-foot radius and a 75.50-foot long chord bearing North 67'26'34" West; thence Northwesterly along the Southwesterly line of Lot4 of Westside Commercial Park and said curve 85.57 feet (85.60 feet record) to a corner of Lot 4 of Westside Commercial Park; thence North 56'28'15" West along the Southwesterly line of Lot 4 of Westside Commercial Park,143.59feet (143.71 feet record) to a corner of Lot 4 of Westside Commercial Park being the beginning ofa tangentcurve concave Northeasterly and having 125.00-foot radius and a 26.20-foot long chord bearing North 50°28'31" West; thence Northeasterly along the Southwesterly line of Lot 4 of Westside Commercial Park and said curve 26.2S feet (25.79 feet record) to the Northwesterly corner of Lot 4 of Westside Commercial Park being the beginning of a non -tangent curve concave Southeasterly and having a 2664.79-foot radius and a 429.00-foot long chord bearing South 56°41'46" West, thence Southwesterly along the Northeasterly prolongation ofthe Northwesterly line and the Northwesterly line of lot 1 of Siegert's Place Third Addition and the Northwesterly lineof LotA-1 of Siegert's Place Third Addition andsaid curve, 429.46feetto the Southwesterly line of LotA-1 ofSiegert's Place Third Addition; thence South 37'3724" East alongthe Southwesterly lineof Lot A-1 of Siegert's Place Third Addition, 20.00feet(20.15 feet record) to the Southeasterly line of lot B Siegert's Place Third Addition being the beginning of a non -tangent curve concave Southeasterly and having a 2644.79-foot radius concave Southeasterlyand a 628.20-foot long chord bearing South 45°15'23" West; thence Southwesterly along the Southeasterly line of Lot B of Siegert's Place Third Addition and said curve, 629.69feet (629.91 feet record) to the Easterly line of LotA-1-1 ofthe East 1/2 ofthe Northwest 1/4of Section 32, Township 89 North, Range 2 East ofthe 5th P.M.; thence South 01'32'09" Eastalongthe Easterly line ofsaid LotA-1-1, a distance of 107.21 feet to the Southeasterly comerof said LotA-1-1; thence South 88'34'42" West along the Southerly line of said Lot A-1-1, a distance of 85.11 feet to the Southeasterly line of LotA of Siegert's Place Third Addition beingthe beginning of a non -tangent curve concave Southeasterlyand having 2644.79-foot radius anda 216.83-foot long chord bearing South 33"07'24" West; thence Southwesterly along the Southeasterly line of LotA of Siegert's Place Third Addition and said curve 216.89 feet (216.60 feet record) to the Northeasterly line of Lot 3-A of Siegert's Place 5th Addition; thence North 43*1717" West alongthe Northeasterly line of Lot 3-A of Siegert's Place 5th Addition, 20.79 feet (20.51 feet record) to the Northwesterly line of Lot 3-A of Siegert's Place Sth Addition being the beginning of a non -tangent curve concave Southeasterlyand having a 2664.79-foot radius and a 156.24-foot long chord bearing South 29"13'01" West; thence Southwester lyalongthe Northwesterly lineof Lot3-Aof Siegert's Place 5th Addition and said curve 156.26 feetto a corner of Lot 3-A of Siegert s Place 5th Addition; thence South 40°44'21" West alongthe Northwesterly lineof Lot3-AofSiegert's Place 5th Addition,109.46 feet; thence North 12'46'27" East, 98.01 feet to the beginning of a non -tangent curve concave Southeasterlyand havinga 2714.79-foot radius and a 474.83-f6ot long chord bearing North 32°18'19" East; thence North easterlya long said curve, 474.95 feet; thence North 37°24'41" East, 237.87feet; thence North 45°19'20" East, 284.04feet; thence North49° 19'14" East, 286.68 feet; thence North 56°50'33" East, 295.97feet; thence North 66°25'05" East,143.47 feet; thence North 85'07'56" East, 170.24 feet, thence South 80°15'18" East, 113.51 feet to the Point of Beginning. Containing 954,235 Square Feet or 21.91 Acres Sheet 4 of 5 Plat of Survey Weber Acres 2nd Addition Part of Lots I and 2 of Weber Acres and Part of Lot 4 of Westside Commercial Park and Lots A and B of Siegerts Place 3rd Addition and Part of Lot A-1-1 of the East 1/2 of the Northwest 1/4 of Section 32,Township 89 North,Range 2 East of the 5th P.M.and Part of the Northwest 1/4 and the Northeast 1/4 of Section 32,Township 89 North, Range 2 East of the 5th P.M. and Part of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, State of Iowa O �p� 2 u°�nV+71Ed"Za't r JS Nt9 0T I 1 20.00• APpprro Location Exist. l0' OT Gat Ea«ment A,pprax.Loea*Ian We�AF�esEx1et.VUElIaE«^^^^t 2n oT Prapaava 60' \ \ llgr«iEyra« O Q\ \ proponaa 50'starm Suer Iltlllty Eavement 4pyyrow LoGaVon LOT 3 O QB URN N ICI 0 25 50 75 100 Scale 1" = 100• /' ECOM Sheet 5 of 5 omm©oomomo© mmo©oomomo© omo©m000mm©� omm©0000mo© mmm©m000mo©® omm©0000©m© omoomo©oom© omo©momoom© mm©©0000mla© omoomo©oom©� omm©0000mm©�� ©m©©momomo©� omo©m00000© omo©m00000© ©me©m000mo©� omoomo©000©� om©©mom000© omo©momomo© omo©0000mo© omo©m000m©© OWNER'S CONSENT Dubuque, Iowa November 1 , 2023 The foregoing Plat of Survey of: Weber Acres 2"d Addition, in the 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. A perpetual fifty -foot -wide storm sewer utility easement is hereby reserved for the public over Lot 2 as stated and as shown on Sheets 1 of 5 and 5 of 5 of this plat. Said easement shall be for the purpose of constructing and maintaining an existing storm sewer utility 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 storm sewer, 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 storm sewer without obtaining the prior written consent of the facility owner(s). A perpetual sixty -foot -wide ingress/egress easement is hereby reserved for the public over Lot 4 as stated and as shown on Sheets 1 of 5 and 5 of 5 of this plat. Said easement shall be for the purpose of ingress and egress to and from the Westside Court and Westside Drive rights of ways. A twenty -foot -wide public utility easement is hereby reserved over Lot 1 as stated and as shown on Sheet 1 of 5 and 5 of 5 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 TMEN OF TRANSPORTATION By: Hofer, r ctor of Right -of -Way Bureau State of Iowa } ) ss: County of Story On this 1i 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. (---i C'f 21/p �s SINlY SELLS Notary Pu lic in the State of Iowa ° � (-(... ;e+ �1136 2 /. f Expires My Commission Expires CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa November 1 2023 The foregoing Plat of Survey of Weber Acres 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 Chairperson November �, 2023 The foregoing Plat of Survey of Weber Acres 2nd 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 accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein o e date first written above. /7 n CITY COUNCIL Dubuque, Iowa Vernt, City Planner nnin Services Division City of Dubuque, Iowa November oi) , 2023 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey: Weber Acres 211 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. 33y-a3 the Dubuque City Council approved said plat. Cavanagh Mayor of ee tity of Dubuque a" Aot*i4 Adfr' ,nne k, 6'T E kr -Aes4tei # Clerk of the City of Dubuque COUNTY AUDITOR Dubuque, Iowa November 2,1 2023 The foregoing Plat of Survey of. Weber Acres 2nd Addition, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the Dubuque County Auditor this ©f November-, 2023. We approve the subdivision name or title to be recorded. -ilk -W- C `Kevin Dragg t'o Qii. e Cou Au CITY ASSESSOR Dubuque, Iowa November c9 1 2023 The foregoing Plat of Survey of Weber Acres 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 a 5 of November, 2023. RECORDER'S CERTIFICATE Dubuque, Iowa Troy Patzner Dubuque City Assessor November 21st 2023 The foregoing Plat of Survey of Weber Acres 2"d Addition, in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. � i�i1• r Karol Ken46Y �,. Recorder of Dubuque County, Iowa b ! � COUNTY TREASURER Dubuque, Iowa November �L, 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. ,� . •. ' • e ;I �11 J 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. 1311, St Telephone: 589-4121 RESOLUTION NO. 384-23 A RESOLUTION APPROVING THE PLAT OF SURVEY FOR WEBER ACRES 2ND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Weber Acres 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 Weber Acres 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 2011 day of November 2023. Attest: kl?4� .4 Adrienne Breitfelder, City Clerk CERTIFICATE of t& 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. 384-23 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