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Plat of Survey of Middle Fork Second AdditionCity of Dubuque City Council CONSENT ITEMS # 10. Copyrighted October 21, 2024 ITEM TITLE: Plat of Survey of Middle Fork Second Addition SUMMARY: Zoning Advisory Commission recommending City Council approve the Final Plat of Middle Fork Second Addition subject to waiving lot frontage for Lot 1. RESOLUTION Approving The Final Plat Of Middle Fork Second Addition, In The City Of Dubuque, Iowa SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. 01 ZAC Ltr to CC Middle Fork Second Addition 2. 02 Middle Fork Second Addition -revised plat pages per City comments 3. 03 Application 16071 Middle Rd Min Subdivision 4. 04 Vicinity Map - 16071 Middle Rd 5. 05 Staff Memo - Final Plat Middle Fork 2nd Addition 6. 06 Resolution Final Plat of Middle Fork Second Addition Page 239 of 1713 Planning Services Department City Hall 50 West 1311, Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@ci!yofdubuque.org THE CITY OF DUB E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Paul Merkes Location: 16071 Middle Road, Dubuque IA 52003 Description: To approve the Final Plat of Middle Fork Second Addition Dear Mayor and City Council Members: Dubuque whoin CRY 2007-2012.2013 2017*2019 October 21, 2024 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 Dave Schneider, Schneider Land Surveying, 906 1st St NW, Farley, IA 52046, spoke on behalf of the applicant. He described the proposal to reconfigure four lots in order to settle an estate. He said that a couple of the family members are platting off Lot 2 and Lot 4 and auctioning off Lot 1 and Lot 3 along with the parcel to the south across Middle Road. Staff detailed the staff report, noting that the submitted Final Plat of Middle Fork Second Addition would create four lots. Staff stated that Lot 1 did not have frontage along an approved street and therefore requires the Commission to waive the frontage requirement for Lot 1. Staff concluded that the proposed subdivision was otherwise in substantial conformance with the UDC. There were no public comments. The Zoning Advisory Commission discussed the request and found it appropriate. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council approve the request subject to waiving lot frontage for Lot 1. A simple majority vote is needed for the City Council to approve the request. Service People Integrity Responsibility Innovation Teamwork Page 240 of 1713 The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Matthew Mulligan,,Ch irperson Zoning Advisory C' mission Attachments cc: Paul Merkes, 7792 Adrina Drive, Peosta, IA 52068 Dave Schneider, 906 1st St NW, Farley, IA 52046 Service People Integrity Responsibility Innovation Teamwork Page 241 of 1713 RECORDER'S INDEX LOCATION: LOT 4 AND LOT 5 OF MIDDLE FORK ADDITION; AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 23, TOWNSHIP 89 NORTH, RANGE i EAST OF THE 5th P.M., CITY OF DUBUQUE. DUBUQUE COUNTY, IOWA REQUESTOR: MARK MERKES PROPRIETOR: THERESA M. MERKES ESTATES c/o PAUL MERKES SURVEYOR: DAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNING,INC. RETURN TO: DAVID P. SCHNEIDER P.O.BOX 12B FARLEY,IOWA Ph#k563-744-3631 daves@yousq.net FINAL PLAT MIDDLE FORK SECOND ADDITION, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LOT 4 AND LOT 5 OF MIDDLE FORK ADDITION; AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 23, TOWNSHIP 89 NORTH, RANGE 1 EAST OF THE 5th P.M., CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LOT 1 OF LOT 1 FAIRWAY ESTATES REC. AS: S88°53'20"E INST. NO. 10961-96 REC. AS: S68`53'20"E S88010'16"E 1318.48' S89*15'52"E 1318.48' X OLD FENCE NW CORNER LOT 19 NE1/4, SE1/4 I P.O.B. SEC.23,T89N,R1E II E1/4 CORNER CENTER SET 1/2" REBAR w/ I SEC.23,T89N,R1E SEC . 23, T89N, R 1E YELLOW CAP # 14417 I I FOUND STANDARD LOT 18 FOUND 5/8. I CONC. MONUMENT REBAR w/ ORANGE - CAP #15487 I W' LOT 17 OD w I CU � o cn m � \ 0w I _ ' Y 3 F- "m E1IQ E Wm 9o(n cr)m \ 3 I NE 123. 09pES in . i m w w q SE1I4 1E \ v� I SEC cn 8 A8 P N W LOT v 3 NW 13 S9N •ES lD 3 m 16 oCU SE 1? S6 PCP \ m 0 I con 117 • SANITARY SEWER EASEMENT �y 00 ti FILE NO. 2012-14107 a:V LOT 15 a O \ _ wO w O (A � Z ¢ LOT Z _S _ N65 ' 11 ' 43"E 132 - LOT __87. 60 ACRES TOTAL N 0.42 ACRES ROAD 8.80 ACRES °'. s9v • 87 , 18 ACRES NET SEE DETAIL S89C10A43"E M ss 40, S89C10A43"E SEE DETAIL N ON SHEET 2 Ss8359 41"E mI 1.46 ACRES SS 9,,.1` Ne 130 .10' ON SHEET 3 CU 1317. 60' - 1314. 92' "',,NW CORNER --- - / - --- p SW1/4. SE1/4 0 SEC.23, T89N, R1E •!E C NE;R NE CORNER---- o SE1/4, SE1/4 _ O� FOUND 5/8" REBAR w/ ,WW1/ m YELLOW CAP #4016 sE=tCfLOW T89N, RIE SEC.23. T89N, R1E ii q. 8 REBAR FOUND 5/8°' REBAR o LEGEND -- L9 i F JU5v LOT - V w/ CAP 17.76 ACRES TOTAL � i (4 SET 1/2" REBAR W/ Cn #4016 7 it; rCF S 0.42 ACRES ROAD r, YELLOW CAP #14417 44.34 ACRES ���� 17.34 ACRES NET u, 0 CD Om ■ FOUND 1/2" REBAR w/ 26.92 ACRES �o� `FOPK (.) YELLOW CAP # 14417 z ©�E .10 V= X SET MAG NAIL A , ACCESS AND Mlppol-r .0 �,�; 7CU • FOUND 5/8" REBAR w/ Fcµy UTILITY vm w z. YELLOW CAP #4016 ojgu-Z��ot' J )( FOUND MAG NAIL P•}° EASEMENT Cn u, a d. A FOUND 1-1/4" PIPE I "`� 66' WIDE -+� C0 O .0 0 FOUND 5/8" REBAR "� W • FOUND 5/8" REBAR w/a Cu O wZ ' 33 LOT EXISTING Cn U M RED CAP # 12631 C !E TEMPORARY A FOUND 1" PIPE EASEMENT ;Ncn FOR a 0 FOUND 5/8" REBAR W/ A� j i CUL-DE-SAC :v a a ORANGE CAP #15487 FILNO. GS t,r` U 2006E 16555 LOT 4 8.99 ACRES TOTAL - - f 0. 14 ACRES ROAD LOI L - ` �1 al' C 7 UPv ' 1 r � i � -, � 8.85 ACRES NET SW1/4 SE1/4, LOti SEC, 23. T89N. R1E r C , ^ OD tE LOT 2 p�P �� !,?­JU� ©m SW114, SE1/4. I 1 , O SEC.23, T89N. R1E A0017, TUN $1/4 CORNER \ MIDDLE ROAD C - Ij=t SEC.23, fi89N, RlE NOTE: ��� LOT 2 _ SET MAG NAIL LOT 1, LOT 2 AND LOT 3 OF MIDDLE FORK�'S114. s€1/4. SECOND ADDITION, CITY OF DUBUQUE, � sEc.23, Ta9N, R1E DUBUQUE COUNTY, IOWA ARE THE BENEFICIARIES SW CORNER SE CORNER OF THE ACCESS AND UTILITY EASEMENT ON SE1/4,SE1/4 SEC.23,T89N,R1E THE NORTHERLY EXTENSION OF DREAMWAY DRIVE. SEC.23,T69N,R1E FOUND MAG NAIL I hereby certify that this land surveying document was SCHNEIDER �����o�O`�AN�����ioi,,,,�i prep d and the related survey work was performed Land Surveying TOTAL AREA S . b e o under my dir ersonal supervision and that �° �� G,9 ' am a d y lic nse L urveyor under the laws of 6 144.95 ACRES TOTAL G - the State of Planning, Inc. 0.56 ACRES ROAD chi DAVID P. P. o. Box 128 144.39 ACRES NET = SCHNEIDER = Farley, Iowa 52046 P14417 /' Z©Zf Ph# 563-744-3631 Davi Schneider P.L.S. P144i7 Date: daves@yousq.net rQ SURVEY DESCRIPTION: Pro ect: 2852 N SEE SHEET 4 /�� �����������/��/111111111111111111,\\\\\\\����`���\\ My license renewal date is December 31, 2025. o �ipO jpWp, Survey Date:9/12/2024 Pages or sheets covered by this seal: SHEET 1.2 6 3 Sheet: 1 of 8 w 0 Ln II w J Q U U H 2 d a rr C) SEE SHEET i NW CORNER SW1/4, SE1/4 SEC . 23, T89N, R 1E FOUND 5/8" REBAR w/ YELLOW CAP #4016 v � ov M rn 0 Q W CD �¢ CD En3 r cn rn Q 3C Q CO N �� v N wri o cn m z !D Cu U \W 6j m uj a o UZ 0 ui Ln Iq REC. AS: S89'10'43"E 1317.53' S88°59'41"E 1317.60' SOS FORK MIDD�jN SIO LOT 1 44.34 ACRES NWI/4'T89N FIE SEC . 23. LEGEND O SET 1/2" REBAR w/1\--NE CORNER YELLOW CAP #14417 SW1/4,SE1/4 ■ FOUND 1/2" REBAR w/ SEC.23, T89N, R1E YELLOW CAP #14417 FOUND 5/8" REBAR X SET A G NAIL w/ CAP 0 FOUND 5/8" REBAR w/ #4016LLOW YELLOW CAP #4016 (FOUND MAG NAIL A FOUND 1-1/4" PIPE 0 FOUND 5/8" REBAR * FOUND 5/8" REBAR w/ RED CAP #12631 �o� F ORK A FOUND 1" PIPE MIDOL jION EIFOUND 5/8" REBAR w/ p00I ORANGE CAP #15487 REC. AS: SO'41'39"W REC. AS: O 134.96' S69.45'38"W O S00 "35' 05"W 198. 63' REC. AS: 134 57 ' S89 '50 ' 35 " W S86'22'48 W , 199 24'=- SW CORNER 139.70' LOT 4, MIDDLE REC. AS: S86'33' 43"W REC. AS: N09 *04' 43"W FORK ADDITION S26 °39' 46"W 139 � 81' 89. 30' FOUND 5/8" 73.60' N08037' 09"W 0 73.51' S/4, REBAR S28 045' 03"W� 73,T AE�7 89. 17' Ln SE, S89'20' 59"W 3-W N89'17' 46"W 286.39' 400. o / REC. AS: S89°10'14' 400.03' I REC. AS: 285.65' W'RLY CORNER � N89°31'08"W Q LOT 2-1, _ SW1/4, SE1/4, O 3 w SEC . 23, T89N, R 1 E iv N FOUND 5/8" N fin" v m REBAR LOjpNAL 01 2 Q COS N LOT 2 WEP AGE WES(pNP� ma SW1/4, SE1/4, Z O m pLPGE O c� SEC . 23, T89N, R 1E U) W a Lu — — —S1— — /4 CORNER — — — — — — — — — SEC . 23, T89N, R 1 E SET MAG NAIL °0i 3 Lr)- In O - O If) REC. AS: Pr, S89 •45' 38"W O'l 190.38' O S89054' 48"W z . �.. REC. AS: N1 'OB' 32"W 97.27' N00'53' 13" 97.19' S88054' 46"W- 49.39' REC. AS: N88 °51' 28"E 49.25' \-Ole F OPNK MI Doj-1ION SW CORNER-7— SW1/4, SE1/4 SEC . 23, T89N, R 1E FOUND 5/B" REBAR w/ RED CAP #12631 LOT 2 MIDDLE FORK ADDITION XJ N3. )— LD 0* cumm O N N m Q mco' u n 11 CC IUZUQ ( I R=300.00' S37°56'45"W "c= 38°44'41" N18 °34' 25"E Ch=199.02' A=202.87' 9 419 ''9 0) 1�00. 4.02 ACRES 'To 6g66 "w B SE CORNER r /- LOT 4, MIDDLE q�9 FORK ADDITION TF0 FOUND 5/8" A=113.68 J REBAR N12.09'33"E "c= 25'54'57" Ch=112.72' R=251.34' '02'12"W 389.49 REC. AS: 389.57' NBB'51'26"E 30� "1 �o°Oj ry " r r � O ,5V W W U) W 0 ACCESS AND UTILITY — 7 EXISTING TEMPORARY EASEMENT FOR CUL-DE-SAC FILE NO. 2006-16555 /R=100.00' c 26'00' 55" Ch=45.02' N11'58'55"E A=45.41' REC. AS: "c= 26'04'40" Ch=45.12' S11'53'49"W S87040'10"E 260.08' -� 15"W 260.25' — — — MIDDLE ROAD (66') orti REC. AS: 80.64' Q / N1'08'32"W o/ N00 "48 - 26 " W / 80.83' LOT 1 MIDDLE FORK ADDITION co to H v O C -"„ a N \ C mNfD C LIJ >' cu m m l j cu -1 f-1 0 (D ,� Q Q 0 N '- Co m W�CaCm� >,ccu�o rn =N N O N C .> NC �° LLEL B LL N d� a o a)J ac�nz I cn LL O� Q O w Q F— (n OOw3o 3 �cn� O ~ wmw =F-0 Z >- Z F— 000lZ) O I— H Z Z 0 I— Q _��Z) O U oZ)z� <LLJ a�mo J cn O==O Z =) a Om U=) ��Z� "O3m Qw O OpZOO z m aw LLZO� OO LL wdF-L) W O owwU 00 x4<z O LL LL O l� a 0 HO �t Z �QQLLC) F-w JFF-- H U QUa w 0 F— F- 0 J Page 243 of 1713 NW1/4•SEI/ , SEC .23. LEGEND O SET 1/2" REBAR w/ YELLOW CAP #14417 ■ FOUND 1/2" REBAR W/ YELLOW CAP #14417 X SET MAG NAIL • FOUND 5/8" REBAR W/ YELLOW CAP #4016 X FOUND MAG NAIL * FOUND 1-1/4" PIPE 0 FOUND 5/8" REBAR * FOUND 5/B" REBAR w/ RED CAP #12631 0 FOUND 1" PIPE 0 FOUND 5/B" REBAR W/ ORANGE CAP #15487 1�NE CORNER SW1/4, SE1/4 SEC . 23, T89N, R 1E FOUND 5/8" REBAR w/ YELLOW CAP #4016 3 W 3 C)1 W �' aQ�M _ `. �pT F 0 rn m N v W MIpOpI1 IpN z 00 rn U) I- �o SEE SHEET i NE1/q jBc A.A. REC. AS: S89°10'43"E 1315.11' SEC.23 N89'00'03"W 1314.92- CV3_ o0�o"coo o'�Nrnccn ocuNmv cnao• II u cr11ouuz R=300.00' S37'56'45"W "c= 38'44'41" 2•91' N18'34'25"E Ch=199.02' A=202.87' 2•E F Ste. • p� • � vac 4S . Fs 0,> F 9 S��S 4ra 3 � o - 0 Ill • REC. AS: Pr, S89 °45' 38"W O ry 190. 36 ' 0 S89904208"W REC. AS: N1 'OB' 32"W 97.27' N00053' i3" 97.19' S88'54' 46"W 49.39' REC. AS: N88 °51 ' 28"E 49.25' .1 2 LOT F pPK WE`p'jPNE� MZook-E 101A PL FG 'VoO. LOT 2"T �0 9� s 4.02 ACRES 'moo ,e9's"w SE CORNER LOT 4, MIDDLE FORK ADDITION 9T� FOUND 5/8" A=113.68'-1 [REBAR N12°09'33"E "c= 25°54'57" ' Ch=112.72' R=251.34' S89002'12"W 389.49' REC. AS: 389.57' N88 °51 ' 28 " E LOT 2 MIDDLE FORK ADDITION REC. AS: 80.64' N1 °08' 32"W N00 '48 ' 26 " W 80. B3' -� LOT 1 MIDDLE FORK ADDITION 4o� ^0 (40 CO (Z' NE CORNER SW 1/4, SE 1/4 SEC.23, T89 R1E FOUND 5/8" REBAR LOT 3 87.60 ACRES TOTAL 0.42 ACRES ROAD 87.18 ACRES NET NOTE: LOT 1, LOT 2 AND LOT 3 OF MIDDLE FORK SECOND ADDITION, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA ARE THE BENEFICIARIES OF THE ACCESS �p1 Op;Y' AND UTILITY EASEMENT ON THE NORTHERLY 0109\-I 100 EXTENSION OF DREAMWAY DRIVE. ACCESS AND S89°12'01"W ,,33.00' 131.30' 7 N00'47'56"W EXISTING 49.22' TEMPORARY -� EASEMENT FOR CUL-DE-SAC FILE NO. 2006-16555 �10 °1 111.84' A=111.55' Ch=111.07' N08 °25' 22"E "c= 18"26'35" R=346.56' •NB9°02'12"E 36.74' h 0) Ci �-R=00. 00' "C= A=30.48' 26000' 55" N11 °53' 59"E Ch-45. 02' ?N 'c c 26 0.353., Nii'58'55"E / R=67.00 ' A=45.41 ' REC.AS: REC.AS: "c= 26°04'40" "c= 26'04'40" m Ch=30.23' Ch=45.12' rl REC.AS:74.16' N01°08'32"W S11°53'49"W S11°53'49"W N N06"W A=30.50' A=45.52' 7427' 74.27 SEC. AS:N88°20'07"W 0 m cu (D (D 3 v cu 0 O z -Ll 88 10 44 E 491.13 _ S87'40'10"E 260.08' 524.30 �S: N�°51' 15"w 260.25' - - N '4' 10'W SW CORNER MIDDLE ROAD i86 ', RECAS: N87 °51 ' 15_' WW 764. 20_ SW1/4, SE1/4 SEC . 23, T89N, R 1 E FOUND 5/8" REBAR W/ RED CAP #12631 h<-1 N89'3B'11"E 378.00' LOT 4 8.99 ACRES TOTAL 0.14 ACRES ROAD 8.85 ACRES NET LO W In REC. AS: LOT 2 S88°41'02"W SE1/4. SE1/4, 147.41 ' " SEC.23, T89N, R1E SBB 50 59 W 147.37' 3 3 IaLu o��yQ �crio&icu"JC-U REC. AS: LiN^jr1 mamma_ v139.90' N88 °20' 07"W w- Q�n Q�'v�'cCOVN 89°23'39"E ¢m^• .� ww° i240.94' m m!y ¢�'Ct�,-89°33'32"E S88°10_44"E O z 139.91'�17.83' 4-0-0 1 ' •4-9 EC A-- - 147. 11 ' " 17. 58' - REC. AS N89 °24' 34"W 147.12' REC. AS: N89°24'34"W 141.15' NB9'20'42"W 141.15' LOT 2. BAHL FARM PLACE #2 LOT 2. CJ TIMBERS LOT 1, CJ TIMBERS Na.2 cn 0 .ti cn Ln cti c;m w Wu ch (V a O O c.� rn w m 0 Ln o v L0 O O m 0 LOT 2-2-1-1-1-1-1-1 SW1/4, SW1/4, SEC.24, T89N, R1E LOT 2-1-1-1-1 SW1/4, SW1/4, SEC . 24, T89N, R 1E 20.49' \-SE CORNER SEC. 23, T89N, R 1 E FOUND MAG NAIL � tD C Rr+yJ H Q I-- O cu \ CE'r-1 C CDNID C W >• H cu m m , O 041 `"ioI N�CD m WetaCm°mwcmu°;o rn Cm a r-rD aa) CD 4J r-I a ch to to a w o p t aU)U) u- 0 wao H N 3 0EEnnW0 QEn �H w ~ =HED Z >- Z H oocc� 0H H Z Z0 Q H 0 ===0 O U o�zZ) � <wa�mo O J O C3 N a- ZO owHw ==0 U� Ho3m Q w Q CZOQ z O aW H Y w ��ccu0 oQ WZOH LLB WQHH w OWWU p 0 =aZ� OLL u-QHa 0 H O -i t Z� Lnaau F..� �m:w� U Z En = 0 0 J Page 244 of 1713 Sheet 4 of 8 Survey Description — Middle Fork Second Addition, City of Dubuque, Dubuque County, Iowa: Lot 4 and Lot 5 of Middle Fork Addition; and the Northwest Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter, all in Section 23, Township 89 North, Range 1 East of the 5th P.M., City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Beginning at the East Quarter corner of said Section 23; thence S00'20'58"E, 1324.66 feet to the northeast corner of the Southeast Quarter of the Southeast Quarter of said Section 23; thence S00°21'49"E, 1324.61 feet to the Southeast corner of said Section 23; thence N89°20'42"W, 141.15 feet to the southeast corner of Lot 2 in the Southeast Quarter of the Southeast Quarter of said Section 23; thence NO3°34'04"E, 152.13 feet to the northeast corner of said Lot 2; thence S88°50'59"W, 147.37 feet to the northwest corner of said Lot 2; thence S03°35'19"W, 147.43 feet to the southwest corner of said Lot 2; thence N87°40'10"W, 764.31 feet to the centerline of Dreamway Drive and the southeast corner of Lot 1 in Middle Fork Addition, City of Dubuque, Dubuque County, Iowa; thence N00048'26"W, 80.83 feet to the beginning of a centerline curve; thence northerly and northeasterly, 45.41 feet along said curve having a radius of 100.00 feet, concave to the east, a central angle of 26000'55" and a chord which bears N11°58'55"E, 45.02 feet; thence N25°06'27"E, 278.66 feet to the northeast corner of Lot 2 in Middle Fork Addition, City of Dubuque, Dubuque County, Iowa; thence S89002'12"W, 389.49 feet to the southeast corner of Lot 4 in Middle Fork Addition, City of Dubuque, Dubuque County, Iowa; thence S88°54'46"W, 49.39 feet to the northwest corner of Lot 2 in Middle Fork Addition, City of Dubuque, Dubuque County, Iowa; thence N00053'1 YW, 97.19 feet to the northeast corner of Lot 3 in Middle Fork Addition, City of Dubuque, Dubuque County, Iowa; thence S89°54'48"W, 190.20 feet to the northwest corner of said Lot 3; thence S89050'35"W, 199.24 feet to the northwest corner of Lot 2 in Westphal Place, City of Dubuque, Dubuque County, Iowa; thence S00035'05"W, 134.57 feet to the Northeast corner of Lot 1 in Westphal Place, City of Dubuque, Dubuque County, Iowa; thence N89°17'46"W, 286.39 feet to the northwest corner of said Lot 1; thence N08037'09"W, 89.17 feet to the northeast corner of Lot 2 of Lot 1 in the Southwest Quarter of the Southeast Quarter of said Section 23; thence S86033'43"W, 139.81 feet to the northwest corner of said Lot 2 of Lot 1; thence S28°45'03"W, 73.51 feet to the westerly corner of said Lot 2 of Lot 1; thence S89020'59"W, 398.87 feet to the southwest corner of Lot 4 in Middle Fork Addition, City of Dubuque, Dubuque County, Iowa; thence N00036'12"W, 990.44 feet to the northwest corner of said Lot 4; thence N00031'12"W, 1337.65 feet to the Center of said Section 23; thence S88°10'16"E, 1318.48 feet to the Northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 23; thence S89°15'52"E, 1318.48 feet to the point of beginning, containing 144.95 acres which includes 0.56 acres of existing public road right of way. I hereby certify that this land survey document was prepared, and the related survey work was performed by me or under my direct personal supervision and that I am a duly liceagie�and Surveyor under the laws of the State of Iowa. I IT 1&,nK David P. Schnelder P.L.S. P14417 Date: F0�,�,�uuwauuw�iw My license renewal date is December 31, 2025. \���`��°a LAND Pages or sheets covered by this seal: Surveyor's Certificate Only � A _s chi DAVID P. Schneider Land Surveying & Planning, Inc. J SCHNEIDER 14417 P.O. Box 128 Farley, Iowa 52046 Job No. 2852 Merkes Phone: 563-744-3631 TOWN A 1\001 Email: daves@yousq.net Date: 9/12/2024 �"daeaniunuimmm�n" Sheet 5 of 8 OWNER'S CONSENT IowaCY 2024 The foregoing plat of Middle Fork Second Addition, 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. Theresa M. Merkes Estate '4- &4& Paul M Vrkes,Executor State of Iowa ) ',! ) ss: County of ) On this y / da of OC tOt ' r 2024, before me, a Notary Public in and for said State, personally appeared Paul Merkes, Executor of the Theresa M. Merkes Estate, to me personally known, who being by me duly affirmed did say that he, said Paul Merkes, Executor of the Theresa M. Merkes Estate, acknowledged the execution of said instrument to be his voluntary act and deed voluntarily executed. Notary Public in and for said State .•�' N�latMl Oe$_1.1p My Commission Expires jo—Q 3 -� 0 ccoAtlMsrlon 41i +lf� TN 11y Canw.1selon Bxplr�s a rya. The unde gned for State of Iowa, do hereby certify that the attached plat of Middle Dubuque Coun ,Iowa, is made with our free consent and in mortgagee of the p is described herein. Bank President State of Iowa ) ) ss: County of Dubuque ) V.P Second Addition, City of Dubuque, ance with our desire as lien holder and On this day of 2024, before me, the undersign! a Notary Public in and for said State, personally appe d and to me personally known, who being by e duly sworn, did say that they are the ,and respectively, of the corporation executing the within and foregoi 9�instrument; that the seal affixed t reto is the seal of the corporation; that the instrument was signed and sear on behalf of the corporation y authority of its Board of Directors; and that an as officers acknowledged the execution of the foregoing instrument to bl"' voluntarily t and deed of the corporation, by it and by them voluntarily executed. Notary Public in the State of Iowa My Commission Expires Sheet 6 of 8 ATTORNEY'S OPINION I, Carolyn C. Davis , a practicing attorney at law in Dyersville (city), Dubuque (county), Iowa (state) have examined the abstract of title to the land included within Middle Fork Second Addition, City of Dubuque, Dubuque County, Iowa, said abstract has been prepared in its entirety by the Dubuque County Abstract and Title Company, and was last certified to by said company on the 18th day of September 2024, at the hour of 8 o'clock A.M. My examination of said abstract shows good and merchantable title on the date and hour of certification to be in Theresa M. Merkes Estate. Dated at Dyersville Iowa in said County, this 3rd day of October , 2024. Real Estate taxes for the fiscal year 2023-2024 are paid. The real estate taxes for the fiscal year 2024-2025 are accruing but are nowt due or delinquent. Sig'n—ature At!ry at Law Name (printed) Carolyn C. Davis Address Locher & Davis, PLC 225 1st Avenue East, Dyersville, IA 52040 Phone number 563-875-9112 Iowa Title Guaranty No. 11006 COUNTY TREASURER Dubuque, Iowa /L (� _,2024 I, the undersigned, M Agk� I C 1('s c (\ Treasurer of Dubuque County, Iowa, do hereby certify that all taxes and special assessments levied against Middle Fork Second Addition, City of Dubuque, Dubuque County, Iowa, have been paid and said real estate is free and clear of all taxes as of this date. 1v County Treasurer Dubuq64 Co , Iowa Sheet 7 of 8 CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa , 2024 The foregoing plat of the Middle Fork Second Addition, City of Dubuque, Dubuque County, Iowa, being within the 2-mile jurisdiction of the corporate limits of the City of Dubuque 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 Chairperson CITY COUNCIL APPROVING PLAT Dubuque, Iowa nC �' ��' �� 2024 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 Middle Fork Second Addition, 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. 9 -'? L4 the Dubuque City Council approved said plat. ra . Cavani�;/Mayor Adrienne N. Breitfelder- City Clerk State of Iowa ) ) ss: County of Dubuque ) On this 3 day of Ul— -J 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Brad M. Cavanagh 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. l "' `•� TUSDEE LYNN BLUS Commission Number e42479 otary Public in an for the State of Iowa „N„ My Comm. Exp.. My Commission Expires 311 too � � Sheet 8 of 8 CITY ASSESSOR Dubuque, Iowa Dq The forgoing plat was reviewed in the office of the City Assessor of City of Dubuque, Iowa, this day of 2024. n7;z- 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 , 2024. 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 12024. County Recorder of Dubuque County, Iowa TF IE CU_wo�bE DB McistErpiece olI t17C Mississippi Zoning Advisory Commission ❑ Amended PUD ❑ Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat 4Minor Final Plat Waiver from Site Design Standards A. Property Information Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal SEP 2 0 2024 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT 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 City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planning( cityofdubuaue.ora Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation Site Location/Address: 1(0 07l M I J I d�J I r I r- / �/ �/ � Legal Description/Parcel ID#/Subdivision: L.U� � U �So t iV1t rY�� t'DfL���� f � S/Fl/�qJ- / 1 E/d .SE 4 s_,C- zJ Existing Zoning: Proposed Zoning: Site Area (square feet/acres): 177- /SXS � Historic District: andmark: ❑ Yes No B. Descri C. Applicant/Agent Information Name: %-(,7�G( C�� dI P..S , G��Pi l bg2 Phone: 5 - 5D- 6J o 0 Address: l 7 ! z ►'I na I/ Ri VI / City: pees L� State: J-1 1 Zip: Email: N 1A D. Property Owner(s) Information Name(s): Address: State: Zip: 5201P Email: E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: Phone: 5 f__ 'S �3 - & 3y City: PCO3-_hq- 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the properly 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 the best of my/our knowledge and upon submittal becomes public record. 'n Applicant/Agent: ��� . (mot /� p� L" �'C Date: 9 ✓ b 0 7 Property Owner(s): Q /� /.// (_ Date: /�l� ������ 3 Ck# IZT Received by �—� Date / 'zD Z y Page 245 of 1713 ■ z22a r163031.6263 143 k 1 `I ,IN 1 � - 1 1 1 _ z� �` r 13646 I rY z �. 1 16013, THE C DUUB*FEI Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Travis Schrobilgen, Assistant Planner DATE: October 2, 2024 SUBJECT: Final Plat Middle Fork Second Addition (0923400001,092340002,0923451001,0923476001) INTRODUCTION Dubuque 1 I-PAI C2 City 2007-2012.2013 2017*2019 The proposed subdivision plat consists of four lots that are under common ownership and together total approximately 144.95 acres. The property is currently operating as a farm in the AG/RROD Agriculture with a Rural Residential Overlay zoning district. The property owner proposes to reconfigure the property boundaries in order to settle an estate. Pursuant to the Unified Development Code (UDC), the proposed subdivision is classified as a Minor Subdivision'. All Minor Subdivisions require review by the Zoning Advisory Commission. Additionally, Lot 1, would not have frontage along an approved public or private street, and therefore requires a waiver of the street frontage requirement for that lot. DISCUSSION The subject properties are under common ownership and the property owner is looking to subdivide in order to settle the family estate. The applicant proposes four lots with a curved lot line indicating the potential location of a future street in the event that Lot 1 and/or Lot 3 were further subdivided. As proposed, the Final Plat of Middle Fork Second Addition would reconfigure four existing lots. The following is a description of each proposed parcel: Lot 1 (44.34 acres) is proposed to have no frontage along Dreamway Drive and therefore would not meet the street frontage requirement. The entire east side property line is in a location that may be a future street, hence its shape. However, no plans or access easements are in place for that potential street. Access to Lot 1 would be from the easement along Dreamway Drive which would be required to be extended for any future subdivision(s) of the lot. The lot is vacant and agricultural use could be continued. Lot 2 (4.02 acres) is proposed to have frontage along its entire east property line along Dreamway Drive. The property has a pond and is otherwise vacant. UDC Chapter 16-11-6 defines a Minor Subdivision as "Any subdivision or consolidation of property in which no new streets, public or private, are proposed and which does not require the construction of any public improvements and which creates three (3) or more lots." Page 247 of 1713 Final Plat of Middle Fork Second Addition ■ Lot 3 (87.60 acres) is proposed to have frontage along both Dreamway Drive and Middle Road and is otherwise vacant. Agricultural use could be continued. ■ Lot 4 (8.99 acres) is proposed to have frontage along Middle Road and farm related structures and a dwelling are present. Agricultural use could be continued. .'U F - �'F' S66'5] S89'15'52'E 1318.48' I�TFENCE - -� o NW CORNER HES14.SE1/4 P.O.B:--' \ SEC.23. T89N, RSE E1/4 CORNER -CENTER \�- SET 1/2' REBAR W/ SEC.23.T89N.RIE SEC.23. T89N. RSE YELLOW CAP •14417 FOUND STANDARD u_T 18 FOUND 5/8" CONC. MONUMENT REBAR W/ ORANGE _ (� CAP i15487 =� I m- rui i7 O f�1 p1 _ e fit' 'l.i� W � �U• 03 'iuv 249 PC W L m�0 GT SANIIAAY SEWER EASEMENT `n• w Oti FI'__ N0. 2012-141,17 NQ LOT I` N8LOT 35'11'43'E 1320. 87.60 ACRES TOTAL 0.42 ACRES ROAD a ao ACPEt 87.18 ACRES NET � v SEE DETAIL :1�-;o'43-E Sosroo SEE DETAIL l� ON SHEET 2 :v� , ON SHEET 3 ,y S88 59 41'E v. N89'00'03-W - .- 1317_60 _ F 1314-92' .NWvCORNER _ i1 ---- --- -- - - - SWI/4. SEI/4 + - SEC.23. T89N. PIE 1_.NE CO!'ENE CORNER--- FOUND 5/8' REBAR W/ SW1/4.SE1/4 SE1/4,SE1/4 YELLOW CAP /4016 = SEC,23. T89N, R1E SEC.23. T89N. AIE mf LEBEND LOT i 6 FOUND 5/8' REBAR FDUND 5/8" REBAR a� W/ YELLOW CAP 17 76 ACRES TOTAL �i m `_ u 42 ACAE5 ROAD YELLOW CAP #14417 44.34 ACRES ,141 7 34 ACAES NET ,p �01 ■ FOUND EOW/2" REB1441AR 7/ f 9` 'rnE p �Ot f0 JB( SET MAG NAIL I ACCESS AND *00-ittaR° •'lU •FOUND 5/8' REBAR W/ '-` .�,`G" UTILITY' YELLOW CAP �4016 H.'�f EASEMENT m FOUND MAG NAIL :R A FOUND 1-1/4' PIPE 66 WIDE �0 0 FOUND 5/B' REBAR Ld • FOUND 5/8" REBAR W/ rErts:Nr yr RED CAP •12631 LOT i rERennAPr v FOUND I' PIPE 4.02 ACRES /'7 EASEMENT CI N FOUND 5/B" REBAR W/ ORANGE CAP 015487 1 ' CF -DEN-SAC 2006-16sss LOT 4 -,r2 6.99 ACRES TOTAL w > or z-1 0 "A oETic�'wN� Z�� 0. 14 ACRES ROAD SW1/4.SE1/4, T y J. I _ 8.85 ACRES NET SEC, 2i. T89N. R. �n T 2ylE T� �� � 0m SW1ie SEI/4, r`►G£L i� IOOLE KCf- �~ SEC. 23, T89N. PIE AUDIT16N 1 CORNER" -- —MIDDLE F46AU- (66 — NEf/a, NE1!4 - - 3, T89N, PIE NOTE:— , — 1 1-1 n, a nc uTMi P cnaK SFC ztl TNHN, HIE Proposed configuration of Lot 1 through 4 of Middle Fork Second Addition. Pursuant to the Unified Development Code (UDC) Chapter 11-14, all lots shall have frontage along a public street or an approved private street. Because the proposed Lot 1 will not have any frontage, the applicant is requesting a waiver of this bulk regulation. The proposed lots are otherwise in substantial conformance with the UDC. K Page 248 of 1713 Final Plat of Middle Fork Second Addition The UDC categorizes the proposed plat as a Minor Subdivision. Pursuant to UDC Chapter 11, the Zoning Advisory Commission and City Council are the reviewing authorities for a Minor Subdivisions and for subdivisions which require a waiver of bulk regulations. The Zoning Advisory Commission shall review the plat to determine whether it is in substantial conformance with the Unified Development Code and shall consider the waiver of the street frontage requirement for Lot 1. RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Final Plat of Middle Fork Second Addition and recommends approval subject to waiving the street frontage requirement for Lot 1. Attachments Q Page 249 of 1713 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St (563) 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 West 13'h St (563) 589-4121 RESOLUTION NO. 329 - 24 A RESOLUTION APPROVING THE FINAL PLAT OF MIDDLE FORK SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Middle Fork Second Addition in the City of Dubuque, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14(B) of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived regarding required street frontage on a public street or an approved private street for Lot 1 Middle Fork Second Addition. Section 2. That the Final Plat of Middle Fork Second Addition, in the City of Dubuque, Iowa 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. Passed, approved and adopted this 21 st day of October 2024. f� Brad ,N�va'nagh, Mayor ATTEST: �!7- 1 ter � By. �� - c �� ;. 44-I Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF RESOLUTION NO. - 24 I, the undersigned, Robert Miller, having read the terms and conditions of the Resolution No. - 24 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 2024. is State of Iowa ) ) ss: County of Dubuque ) Robert Miller, Property Owner On this day of 2024, before me, a Notary Public in and for said state, personally appeared Robert Miller, 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 Iowa My Commission expires: Page 252 of 1713