Acquisition Plat - John F. Kennedy Road and West 32nd Street Right-of-Way Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Acquisition Plat - John F. Kennedy Road and West 32nd Street Right-of-
Way
SUMMARY: City Manager recommending acceptance of additional right-of-way at the
intersection of JFK Road and West 32nd Street for certain intersection
improvements required by agreement with Kivlahan Farms, LLC.
RESOLUTION Approving the Acquisition Plat of Lots A and B of Block 2 of
Arbor Estates in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ JFK Road and West 32nd Street Right of Way-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Right of Way Plat Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: JFK Road and West 32nd Street Right of Way Plat
DATE: April 14, 2015
Recently, the developer Kivlahan Farms LLC, has submitted preliminary plans to
improve the site at the intersection of JFK Road and West 32nd Street. A traffic study
for the development was completed and the results showed a need for certain
intersection improvements at the JFK Road and West 32nd Street intersection. An
agreement between the City and developer requires the developer to make certain
intersection improvements and dedicate additional right of way, at no cost to the City, on
JFK Road and West 32nd Street to accommodate said improvements.
City Engineer Gus Psihoyos recommends acceptance of additional right of way at the
intersection of JFK Road and West 32nd Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DAN-V L L iMce�liica�C•ttyi
it Ir
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: JFK Rd. and W. 32nd St. Right of Way Plat
DATE: April 10, 2015
INTRODUCTION
This memo provides information regarding the platting and acceptance of additional right of way
at the intersection of JFK Road and West 32nd Street.
BACKGROUND
Recently, the developer Kivlahan Farms LLC, has submitted preliminary plans to improve the
site at the intersection of JFK Rd. and 32nd St. A traffic study for the development was
completed and the results showed a need for certain intersection improvements at the JFK Rd.
and 32nd St. intersection. An agreement between the City and developer requires the developer
to make certain intersection improvements and dedicate additional right of way, at no cost to the
City, on JFK Rd. and 32nd St. to accommodate said improvements.
DISCUSSION
Prior to further land divisions for development in this area, the additional right of way along JFK
Rd. and 32nd St. needs to be platted. This additional area has been coordinated with the
developer of the property and taken into consideration during the design of the improvements at
the intersection.
Buesing and Associates, Inc. has prepared an acquisition plat to provide right of way area for
the proposed intersection improvements. The areas being platted will be dedicated to the public
for street and utility purposes.
RECOMMENDATION
I recommend that the City Council approve the Acquisition Plat of Lots A and B of Block 2 of
Arbor Estates in the City of Dubuque, Iowa, which provides additional right of way for
intersection of JFK Rd. and 32ndd St. by the adoption of the attached resolution.
ACTION TO BE TAKEN
I respectfully request approval of the Acquisition flet of Lots A and B of Block 2 of Arbor Estates
in the City of Dubuque, Iowa, and acceptance of the dedication of said lots for Right of Way
pLirpos(;s, through the adoption of the enclosed resolution.
prepared by: Nate Kieffer, PLS
Cc: Bob Schiesl, Assistant City Engineer
Kyle Kritz, Associate planner
Don Vogt, Operation and Maintenance Manager
John Klosternaann, Streets and Sewer Maintenance Supervisor
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 123-15
APPROVING THE ACQUISITION PLAT OF LOTS A AND B OF BLOCK 2 OF
ARBOR ESTATES IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, an Acquisition Plat dated April 13, 2015 prepared by Buesing
and Associates Inc. describing Lots A and B of Block 2 of Arbor Estates in the
City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto; and
Whereas, upon said plat appears Lots A and B, together with certain
easements for public utilities, which Kivlahan Farms LLC, by said plat have
dedicated to the public forever; and
Whereas, the dedication of said Tots as Right of Way is necessary for the
accommodation of certain roadway improvements at the intersection of John F.
Kennedy Road and West 32nd Street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated April 13, 2015 prepared by Buesing and
Associates Inc., relative to the real estate hereinabove described be and the
same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat and on behalf of the City of
Dubuque, Iowa.
Section 2. That the dedication of Lot A and Lot B of Arbor Estates Block 2 in
the City of Dubuque, for Right of Way purposes, together with the easements for
public utilities as they appear on said Acquisition Plat, be and the same are
hereby accepted.
Section 3. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder, in and
for Dubuque County, Iowa.
Passed, approved and adopted this 20th day of April, 2015.
f
Kara A. Braig, Mayor Pro Tm
Attest:
Kevin S. Firnstahl, City erk
ZO—LSZbL ON'DMO
PREPARED BY: BUESING & ASSOCIATES
ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA 52001 PHONE: {563) 556-4399
ETI
SHEET TITLE
ACQUISITION PLAT:
LOT A AND LOT B
OF BLOCK 2 OF ARBOR ESTATES
PROJECT NO. 14257
PREPARED FOR:
KIVLAHAN FARMS LC
3522 CHARLESTON CT.
DUBUQUE, IA 52002
ASSOCIATES INC. UESING
ENGINEERS AND SURVEYORS
1212 LOCUST DUBUQUE, IA
(563) 556As —4399
DATE
4/8/15
SCALE:
SEE BAR SCALE
REVISIONS
DRAWN BY:
TPL
CHECKED BY:
TLK
Sheet 2of4
Surveyor's Certificate
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that
the following real estate was surveyed and platted by me or under my direct personal
supervision, To Wit:
Parts of Block 2 of Arbor Estates, in the City of Dubuque, Iowa.
This survey was performed for the purpose of platting said real estate for Right of Way (ROW)
of West 32'd St., henceforth to be known as LOT A AND LOT B OF BLOCK 2 OF ARBOR
ESTATES, in the City of Dubuque, Iowa. Total area of LOT A is 1968 square feet, and the
Total Area of LOT B is 202 square feet. All Lot areas are more or less and all Lots are subject
to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat
of which is attached hereto and made a part of this certificate. All monuments are placed or
shall be placed within one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work
was performed by me or under my direct personal supervision and that I am a duly licensed
Land Surveyor under the laws of the State of Iowa.
BY: off
Terry L. L' oelker
Licensed Land Surveyor
License No. 15487
Dubuque, lowa
Date
License Renewal Date: 12/31/15
Owner's Consent.
I'3 2015
The foregoing ACQUISITION PLAT: LOT A AND LOT B OF BLOCK 2 OF ARBOR ESTATES,
IN THE CITY OF DUBUQUE, IOWA, is made with the free consent and in accordance with the
desires of the undersigned owners and proprietors of said real estate. We hereby dedicate LOT
A and LOT B of BLOCK 2 OF ARBOR ESTATES to the public for Street Right of Way (ROW),
and public utilities.
State of Iowa
County of Dubuque ) ss:
On this /3- day of �;) , AD 2015, before me the undersigned, A
Notary Public in and for the State of Iowa, personally appeared Keith Sindberg, to me personally
known, who, being duly sworn did say that Keith Sindberg is a member of Kivlahan Farms LC,
that the above instrument was signed on behalf of said Corporation, by authority of its Board of
Directors, and that said Keith Sindberg, acknowledged the execution of said instrument to be
the voluntary act and deed of said Corporation by it voluntarily executed.
KIVLAHAN FARMS LC
Witness my hand and Notarial Seal on the date above written.
Notary Public in and for the State of Iowa
`
DIANA K. HEDRIC
s - Commission Number 703746
• My Com ission i Wiz, es
g
City of Dubuque Planning Services
Dubuque, Iowa
Sheet 3 of 4
(2 .2015
The foregoing ACQUISITION PLAT: LOT A AND LOT B OF BLOCK 2 OF ARBOR ESTATES,
IN THE CITY OF DUBUQUE, IOWA, is hereby approved by City Planner of the City of
Dubuque, Iowa, and approval of said plat by the City Council of the City of Dubuque is hereby
recommended.
Planning Services Department
By:
1
City Planner of the City of Dubuque, IA
City of Dubuque, Iowa
Dubuque, Iowa April 2Q2015
* The undersigned, eel;e-and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa,
do hereby certify that the foregoing ACQUISITION PLAT: LOT A AND LOT B OF BLOCK 2 OF
ARBOR ESTATES, IN THE CITY OF DUBUQUE, IOWA, and the dedication of LOT A and LOT
B of BLOCK 2 OF ARBOR ESTATES to the public for Street Right of Way (ROW), and public
utilities, as appears heretofore has been filed on 20th day of Apr 11
2015 as resolution # 123-15 in the office of the City Clerk of Dubuque, Iowa and that
the City Council of the City of Dubuque, Iowa approves said plat.
* Karla A. Braig, Mayor Pro Tem
Maydr of the City of Dubuque, IA
Cler ;•f the City of Dubuq
o Tem
City Assessors Certificate
Dubuque, Iowa ,2015
The foregoing ACQUISITION PLAT: LOT A AND LOT B OF BLOCK 2 OF ARBOR ESTATES,
IN THE CITY OF DUBUQUE, IOWA, was entered of record in the Office of the City Assessor of
the City of Dubuque, Iowa, on the date first written above.
Richard A. Engelken, City Assessor
City of Dubuque, IA
Sheet 4 of 4
County Auditor
Dubuque, Iowa 2015
The foregoing ACQUISITION PLAT: LOT A AND LOT B OF BLOCK 2 OF ARBOR ESTATES,
IN THE CITY OF DUBUQUE, IOWA, was entered of record in the office of the Dubuque County
Auditor this day of 2015.
We approve of the subdivision name or title to be recorded.
Denise M. Dolan
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa 2015
The foregoing ACQUISITION PLAT: LOT A AND LOT B OF BLOCK 2 OF ARBOR ESTATES,
IN THE CITY OF DUBUQUE, IOWA, has been reviewed by the Dubuque County Recorder.
Kathy Flynn Thurlow
Dubuque County Recorder
IRREVOCABLE LETTER OF CREDIT
Date: July 31, 2015
City of Dubuque
Attention: City Clerk
50 West 13th Street
Dubuque, IA 52001
RE: Sanitary Sewer Construction Agreement by and between the City of
Dubuque, Iowa and Riverdream Properties, L.L.C.
Letter of Credit: 102-15
Amount: $32,780
To Whom It May Concern:
RECEIVED
15 AUG 25 Alf IQ: 12
City Clerk's Office
Dubuque, 1A
We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque,
Iowa, (the "City") for the account of Riverdream Properties, LLC for a sum not to exceed
$32,780 effective immediately and expiring at the close of business on July 31, 2016.
Funds under this Irrevocable Letter of Credit are available to you by your sight draft on
East Dubuque Savings Bank, 475 Cedar Cross Rd, Dubuque, Iowa, by submitting a sworn
statement that the City has not accepted all the ubli, improvements required under the
Sanitary Sewer Construction Agreement dated_jl'y , in the City of Dubuque, Iowa
and/or said improvements have not been maintained for the two-year maintenance
period following City acceptance.
Your draft shall contain the clause "drawn under the East Dubuque Savings Bank, Letter of
Credit Number 102-15 dated July 31, 2015. This original Irrevocable Letter of Credit must
accompany any draft that exhausts the credit and must be surrendered concurrently
with the payment of such draft.
We hereby engage with drawers, endorsers, and bona fide holders of drafts, under and
in compliance with the terms of this Irrevocable Letter of Credit, that the same shall be
duly honored upon presentation and delivery of the documents specified to East Dubuque
Savings Bank and negotiated or presented on or before the expiration date of this
Irrevocable Letter of Credit.
It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically
renewed, without amendment, for a one-year period from the expiration date set forth
above, and upon each subsequent anniversary of such date, unless at least sixty (60)
days prior to such date, we notify both you and our client in writing by registered mail
that we elect not to so renew this Irrevocable Letter of Credit.
Notwithstanding the foregoing, this irrevocable Letter of Credit shall terminate two years
after the date of a resolution adopted by the City Council of the City of Dubuque
accepting the public improvement.
This Irrevocable Letter of Credit is subject to the Uniform Customs and Practices for
Documentary Credits (1993 revision, International Chamber of Commerce, Publication
#500).
Dated this 31st day of July, 2015.
East Dubuque Savings Bank
By:
CAsli
i
Peter J. chilling
Agreed to and authorized to issue:
By:
Riverdrgam Prop, rties, L.L.C.
,,�'�✓ PP.'S
imer, Vice -President
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475 Cedar Cross Road • Dubuque, A 52003
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