Emerald Acres 2 Final PlatCITY OF DUBUQUE, IOWA
MEMORANDUM
June 21, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Reaffirming Final Plat of Emerald Acres No. 2
The previous Final Plat approved by the City Council for Emerald Acres No. 2 was
found to have an error in the resolution regarding sidewalk installation. Planning
Services Manager Laura Carstens is recommending approval of the Final Plat with the
sidewalk language corrected.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 21, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Reaffirming final plat of Emerald Acres No. 2
INTRODUCTION
The final plat of Emerald Acres No. 2 was approved by the City Council at their meeting
on August 2, 1999. Subsequent to the approval of the final plat of Emerald Acres No. 2
an error was found in the resolution regarding sidewalk installation.
DISCUSSION
The attached resolution for the final plat of Emerald Acres No. 2 is substantially
identical to Resolution No. 425-99 approved by the City Council on August 2, 1999.
The only change is that the correct language concerning sidewalk installation has been
added to the resolution. The resolution in all respects is the same as previously
approved by the City Council.
RECOMMENDATION
The attached resolution for the final plat of Emerald Acres No. 2 is in compliance with
the City of Dubuque's Subdivision Regulations, and I recommend the City Council
approve the resolution reaffirming the final plat of Emerald Acres No. 2.
LC/mkr
Attachments
cc: Mike Koch, Public Works Director
Prepared by: Laura Camtens~ City Planner Address: City Hall,,50 W. 13th Street Telephone: 589-42t0
RESOLUTION NO. 288-01
A RESOLUTION RESCINDING RESOLUTION 425-99 AND REAFFIRMING THE
FINAL PLAT OF EMERALD ACRES NO. 2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Emerald Acres
No. 2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears, streets to be known as Tanzanite Drive,
Sapphire Circle and Millennium Drive (Lot A), together with certain public utility and
sewer easements and storm water detention facility, which the owners by said final plat
have dedicated to the public forever; and
Whereas, the final plat has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her
approval endorsed thereon, subject to the owners agreeing to the conditions noted in
Section 2 below; and
Whereas, said final plat has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating to it, except that no streets or public
utilities have yet been constructed or installed; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolution No. 425-99 is hereby rescinded.
Section 2. That the dedication of Tanzanite Drive, Sapphire Circle (Lot A) and
Millennium Ddve together with the easements for public utilities, sanitary sewer, storm
sewer and water mains as they appear upon said final plat, be and the same are
hereby accepted; and
Section 3. That the final plat of Emerald Acres No. 2 is hereby reaffirmed and
the Mayor and City Clerk are hereby authorized and directed to endorse the approval
of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property
herein named, execute their written acceptance hereto attached agreeing:
To reduce Tanzanite Drive and Sapphire Circle and Millennium
Drive to grade and to construct concrete curb and gutter and to
hard surface with asphaltic concrete, or with concrete paving with
integral curb, all in accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the City Engineer, and
in conformance with construction improvement plans approved by
the City Engineer, and inspected by the City Engineer.
To install sanitary sewer mains, including interceptor lines and
sewer service laterals into each individual lot, water mains and
water service laterals into each individual lot, storm sewers and
catch basins, boulevard street lighting and erosion control devices
all in accordance with the City of Dubuque standard specifications,
all in a manner acceptable to the City Engineer, and in accordance
with construction improvement plans approved by the City
Engineer, and inspected by the City Engineer.
Co
To construct a storm water detention facility in a manner
acceptable to the City Engineer in accordance with the
improvement plans and City of Dubuque Standard Specifications
approved by the City and inspected by the City Engineer, and
maintain said detention facility until 80 percent of the sum of the
platted lots are fully developed and the remaining 20 percent of
said lots have installed adequate erosion control measures as
apprOved by the City Engineer.
To provide easements for sanitary sewer lines, storm sewer lines,
and detention area lying outside the boundaries of Emerald Acres
No. 2, but are essential to the development of said Subdivision.
To construct said improvements prior to two (2) years from the date
of acceptance of this resolution, at the sole expense of the owners,
or future owners.
To maintain the public improvements for a period of two (2) years
from the date of acceptance of those improvements by the City of
Dubuque, Iowa, at the sole expense of the owners or future
owners.
And further provided that said T-Corp., as owners of said property, shall secure
the performance of the foregoing conditions provided in this Section by providing
guarantees in such form and with such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Resolution No. -99
Page 3
Section 4. Sidewalk installation shall be the responsibility of the owner
abutting the public rights-of-way, including lots with multiple frontages, as required by
City Code 41-161 through 41-164. The responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation will not be required until the development of
the lot has been completed, except as required herein. In sparsely developed
subdivisions, sidewalks on developed lots will not be required until 50% of the lots
approved by the plat have been developed. All vacant lots shall have sidewalks
installed upon development of 80% of the lots approved by the plat.
Section 5. That the final acceptance of all public improvements shall occur
upon certification of the City Engineer to the City Council that all public improvements
have been completed in accordance with the improvement plans and City standard
specifications and accepted by City Council Resolution.
Section 6. That maintenance expenses incurred by the City of Dubuque for
the storm water detention facility shall be assessed against Lots I through 29 in equal
amounts, and the City Manager shall certify such costs to the City Clerk, who in turn
shall promptly certify such costs to the Dubuque County Treasurer, and such costs
shall then be collected with an in the same manner as general property taxes in
accordance with provisions of law.
Section 7. That in the event T-Corp. shall fail to execute the acceptance and
furnish the guarantees provided in Section 2. hereof within 180 days after the date of
this Resolution, the provisions hereof shall be null and void and the acceptance of the
dedication and approval the plat shall not be effective.
Passed, approved and adopted this 2nd day of July, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO,
-01
I, Edward D. Tschiggfrie, the undersigned, representing T-Corp., owner and
developer, having read the terms and conditions of the Resolution No. -01, and
being familiar with the conditions thereof, hereby accept the same and agree to the
conditions required therein.
Dated this day of ,2001.
T-Corp., Owner and Developer
By:
Edward D. Tschiggfrie, President
Bria~ J. Kane
Gary K. Norby
Les V. Reddick*
D. Flint Drake**
Brad J. Heying
Todd L. Stevenson*
Louis P. P£eiler
MaryBeth Pfeiler Salmou
Mary A. Chexba
All admitted in Iowa
*Also admitted in Ill;. ois
**Also admitted in Wisconsin
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBITRY ROAD, sUITE 2
DUBUQUE, IA 52001-3069
June 20, 2001
R O vED
Dubuque,
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-mail: lmrpo~mcleodusa.net
City Clerk
City of Dubuque
City Hall
13th and Central Avenue
Dubuque, IA 52001
Re: City of Dubuque Resolution Nos. 425-99 and 462-99
Dear City Clerk:
We are attorneys for T-Corp., which is the developer of
Emerald Acres No. 1 and Emerald Acres No. 2 in the City of Dubuque,
Iowa. By Resolution No. 425-99, the City Council approved the plat
of Emerald Acres No. 2. By Resolution No. 462=99, the City
approved the correction plat of Emerald Acres NO. i. We are
enclosing both of these resolutions for your reference. They are
both very similar.
In reviewing Resolution No. 425-99, it is clear that the
beginning five lines of Section 3 are missing. The last three
lines of Section 3 are on page 3 of the resolution, but page 2 does
not have the beginning of Section 3. It appears that this was
probably just an oversight in the preparation of Resolution 425-99.
Resolution No. 425-99 was filed with the Dubuque County
Recorder's office in 1999 and appears in all of the abstracts of
title to the lots in Emerald Acres No. 2. The missing language was
called to our attention by an attorney examining an abstract for
the buyer of a lot in Emerald Acres No. 2.
: We are asking that the City either adopt a new corrective
resolution or, alternatively, add the missing language to
Resolution 425-99 and re-file that resolution with the Dubuque
County Recorder.
KANE, NORBY & REDDICK, P,C.
City Clerk
June 20, 2001
Page 2
Thank you for
forward to hearing
your attention to this matter,
from you.
Sincerely yours,
and
GKN:sp
KANE, NORBY & REDDICK,
-Enclosures
we look
P.e.
cc Mr. Edward D. Tschiggfrie
2 in the City ~ Dubuque. ~ewa;
Sapphire Circle and Millennium Drive ~Lol A). ~jelher wi~h certain public uIili~y
Whereas. the final pJat ~s b~n axe,ned by the .Zoning ~vi~o~ Commission
and h~ its app~va~ endorsed thereo~;
Wher~e, sa~ final plat has baen rev)ewe~ by t~e C~ P~anner s~d had her
ep~ve~ endorsed ~hereon, subject to ~ owners ag~e~ng (o ~he cond[l~Ons no,ed
Whereas, ~ final glat ~as been exam/ned by the C~y Cou~c~ and t~ find ~hat
NOW. THEREFORE. ~E ~T ~ESQLVED BY THE CiTY COUNCIL OF THE
OF DUBUQUE,
Secfion 1. That the d~F~tio~ of Tanzanite DHve. Sapphire Circle {Lot ~ and
Section 2. ' 7b~tt~fina~plat°f~em~dAcresNo. 2 is heraby approved and
the Mayer and C~ C e~ are hereby authort~d end directed to endorse he app~va)
ho City of Dubuque, ~a u~ said final pla~, provided he ~ners o~ said pr~pe~y
herd Su~ace w[~ asp~aJ~c co~e~e, orw{~ concrete paving
integral curb. all in accordance with the City of Dubuque standard
specifications, ell in a manner acceptable to the City Engineer, and
in conformance with construction improvement plane approved by
the Cib/Engineer, and inapecled by the City Engineer.
To install sanitas, sewer mains, incJudlng interceptor lines and
sewer service laterals into each individual lot, water mains and
water eervice lalerals into each individual tot, etorm eewers and
catch basine, boulevard street lighting and eroeion controI dark:es
all ir, accordance with the City of Dubuque standard specifications,
afl in a manner acceptable to the City Engineer. and in accordance
with construction improvement plans approved t~ythe City
Engineer, and inspected by lhe City Engineer.
To conetruct a storm water detention facility in a manner
acceptable to the City Engineer in ~ccotda~ce with the
improvement plans and City of Dubuque Standard Speci~cations
approved by Ihe Ci~, and inspected by the City Engiceer, and
maintain eaid detention facility until 80 percent o! the sum or the
platted lots are fully developed ar,d the remaining 20 percent of
said lots have instead adequate erosion control measures as
approved by the City Engineer.
end detention ama lying outside the hour,defies cf Emerald Acrae
No. 2, but are essentfal to the development of said subdivision.
To construcl said improvements prior to two (2) years from the dale
of acceptance of this resolution, at the seJe expense cf the owners.
or future owners.
To maintain the public improvements for a pefiUd of two (2) yeare
from the date of acceptance of those improvements by lhe City of
Dubuque, lows, a~; ~he sole expense of the ownere or future
owners.
And ~'urther provided that eaid T-Corp., as owners of said property, cheil secure
Ihe pen'ormance of the fcregcir,g c~nditiona provided in ~lia Section by providing
guarantees In such form and with such sureties as may be acceptable to the city
Manager of the City of Dubuque, Iowa.
t73>
r., '.'~=~upmenc or 80% of ~he lots approved by the p~at _s
Section 4. That ~he (ina acceptance of II ' '
~ve bee~ ~m~le ed tn ~?~er ~me ~ty Counc, ~ha~ a~ pub ~c m roy ccur
s~edflce[fons and ..... ~ce w~zn g~e ~mpm~ment ~ ans and C v~
Section 5, ~at main[e~a~ e~ens~ incu
the sto~ wa~r ~tenti~ fec~ s a~ h~ =~.~ ~ rr~d ~ the Ci~ ~ Dubuque for
amounts, and the C ~, ~ .... -- ~hr' --~o~sseo ~ms( Lo~ 1 through 2g n
shall prom~tlu ce~ ~.~? ?~? ~ such ~os~ t~ the Ci~ Cla~o
8e~J~n 6, That in the evenl T-Corp. shall fail~o ex~u:e ~he ac~plance
~um~sh ~he guarantees ProVided in Sec,}on 2,
~h~ Ee~ofutfon, the h~eo~ ~lh~ 180 days a~er the date Of
provisions ~ereof shall be null a~d void an~ the acceptance of the
dedication end approvet the plat ~a~) net ~
Passed, approved and a~opted this ~ day of A~ ,
Attest:
PL~cou~cil~'es\emrldac2.res
(74)
R~EOLUT~ON
A REBOLUTION APPROVING RESDINDING R~8OLUTION 2~B-B8 AND
APPROVINO TH~ ~ORREGT~ON P~T OF ~ME~LD AO~S NO~ ~ ~N TH~
OF DUBUQUE, IOWA
Whereas, ~ere has ~en filed wiih ~e ~l[y Clerk a cor~c[io~ plat of Emerald
A~s No, 1 ~n the Ct~ of Dubuque, iowa: and
Whereas. upon ~aid final p~ai appea~, streets to be known as Tanzeniie Odve,
To.zanY. Coud (Lot A) and Fera Road (Lot B), together wllh cedain ~ublic ufili~ and
~r easements and storm water detention faciii~, which the owners by said fi~al p~at
have d~i~t~ to the p~blic for~er; and
W~mas. ~e fi~al plat has been examined by the Zoning Advtso~ Commission
and had Its a~pmval endo~ thereon: ~nd
~eas, said final plat has ~en revi~ed by the Ci~ F~anner and had her
approval endorsed ~emon, subje~ to ~e ownem agreeing to ~e conditions nol~
Sec~ 2 5elow; a~
Whereas, sa~ ~nai pitt has bee~ e~mined by the ~iiy Coun~l and they fl~
II con,fins ~ [he slalut~s and ordinen~s fela~ng (~ IL ~xcep[ [hat no sim~is or public
utilfties have yet been consiru~ed or installed: and
NOW, ~H~O~, ~ IT ~ESOLVE~ ~Y ~H~ ~1~ COUNCIL OF THE CI~
OF DUBUQUE~ IOWA;
~tion 1. ~ the dedic~lon of Tanzanile Dr~e and Ta~anlte Cou~ (lot
and Per~ Ro~ (Lot ~) and siam water de~ntfon faclllly (Lot ~) together wi~ the
appear ~pon said final ~la[. b~ and iha same am hereby accepted;
Secfi~n 2, ~at the final plai of ~merald Acres No. 1 Is hereby eFProved and
the Mayo~ end Ci~ Cle~ are hereby euthoflzed and directed [o endorse the approval o~
the C~ of Dubuque. iowa, upon said final plat. provided the o~e~ of sa~
a. To r~uce Tanzanfte ~rl~ and Tanzanite Cou~ to grade and
construct ~nme~ cu~ and gutter and to ha~ suda~ with
Resolution No. -ga
Page ~
eapPaltic concrete, or with concrete paving with integral curb, all in
sc'cordanca with the City of Dubuque standard specifications,
a meaner acceatable to the City Engineer, and in conformance with
construction improvement plans approved by tbs City Engtheer,
end inspected by the City Engineer,
To install cenJ(a~, sewer mains and sewer service Isterets Jnta each
indiv/duel tot, water maths and water se~ce laterals into each
k/dh/Idual lot. storm sewers and catch basins, boulevard street
tlghtfng and erosion control devices ail in a~ordanee with the City
· of Dubuque standard specifications, alt in s manner accaiotabie to
the City Engineer, and in accordance with construction
/ml3rovsment plans approved bythe City Engineer, and inspected
by the City Engf~eer,
To conslruct a storm wa{er detention faculty in a manner
acceptable to the Cily Engineer on Lot 4 oi' Emerald Acres No,
actors'anco w~h the improvement plans and City at' Dubuque
Standard Speeilicetions approved by the City and inspected by the
City Engineer, and maintain ~aid detention futility until 80 percent
of the sum cf the platted lots are fully developed and the remaining
20 percent of said lots have thstalled adequate erosion control
measures as approved by the City Ength~er.
d. To construct said improvemer~ls prior to two (2) years from the date
of acceptance of thfs resolution, at the sole expense of the
or future ownem.
e, To maintain the public improvements for a pednd of two (2) years
from the date of acceptance of those improvements by the C~ of
Dubuque, Iowa, at the sole expense of the owners or future
owners.
And f~Jdher provided that said T-Corp., as owners of said property, shall secure
the per/ormance of the foregoing conditions provided in this Section by providing
guanantass in such form and with such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Sac~on 3. Sidewalk {nstalls~ion shall be the responsibility of the owner
abutting the public rights-of-way, including lots,with multipte frontages, as required by
Ci{y Code 4 ~-1~ through 41-164. The resbonsfbiflty shall extend [o all successors,
hairs and assignees. Sidewalk installation will not be required until the development of
(60)
~ ::i ............. ._ I ii "~ ....
'- .... ~'" the for bee been completed, except aa required heroin. In sparsely developed
subdivisions, sfdewalks on developed tots will nol be requ;Ted until 50% of the lots
approved by the plat have been developed. All vacant tots shall have sidewalks
installed upon development of 80% of the lois approved by the plat.
Section 4. That egress onto Peru Road from the driveway area of Lots 1,
elld 3 ~helt be restricted to accessing Peru Road by driving the vehicle forwar~ from the
driveway area.
8ectlon 5. That the find as~ptance of ell public improvements shall occur
upon certifica~fen of the City Engtoeer to the C~ly Council that all public Improvements
have been completed in accordance with the Impmvemonl plans end C~ slandard
spscir~:atlons and accepted by City Counolt Resolution.
8ectlon 9. · That maintenance e;~penses Incurred by the City of Dubuque for
the storm water detentfon f~illty (Lot 4) shall be assessed against Lois '1 through 20
(except Lot 4) tn equal amounts, and the City Manager shall certify such costa to the
City CIerk, who in turn shall promptly certify such posts to the DUbuque County
Treasurer, and such costs shall then be co!lasted w~th an
general prepa~ty t~xea in accorcisnco with provisions of ~w.
Section 7, That In the event T-Corp, shall fail to execute the aooepfance and
furnish the guarantees provided in Section 2. hereof within 180 days after the dale of
tht~ ~'. ~ ..,.,~on, he pray dons hereof she I be nul~ and vD d and the acceptance of the
dedication and approval the plat shall not be effective,
Passed, approved and adopted this :e~h day o&~'~,
/ - T~;oan~~yor
^west:
~ry ~v/Devls. City Clerk
PL\counctiVea;emddcor, res
462
ACCEPTANCE OF RESOLUTION NO, .g9
I, the undersigned, representing T-Corn_owner end developer, having read the
terms and oonditlona of the Reaolullon No.4S~g, and being familiar with the conditions
thereot, hereby a~;cept the same end agree to the conditions required therein.
Dated this8 day of sop~ 1999,
T-Corp., Owner and Operator
~rd O. Tsohlgg~'~'