Miller Place Corrected Final Plats Lots 1-1 and 2-1TxE crrY of Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Final Plats of Lots 1-1 and 2-1 Miller Place
DATE: January 30, 2008
City Attorney Barry Lindahl is recommending approval of the Final Plats of Lots 1-1 and
2-1 Miller Place. The original resolution approving this plat was approved in 2007, but
contained an incorrect legal description.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mich el C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
THE CITY OF
DuB E
Masterpiece on the Mississippi
BARRY LIND
CITY ATTOR EY
MEMORANDUM
To: Michael C. Van Milligen
City Manager
DATE: January 28, 2008
RE: Final Plat of Lots 1-1 and 2-1 Miller Place
Enclosed is a resolution approving the final plat of Lots 1-1 and 2-1 Miller Place in
Dubuque County, Iowa.
The original resolution approving this plat was approved in 2007, Resolution No.
232-07, but contained an incorrect legal description. Attorney Steve Juergens,
representing Bill Miller Logging, Inc., has requested a new resolution. The enclosed
resolution rescinds the previous resolution and approves the final plat.
I recommend that the resolution be submitted to the City Council for consideration and
approval.
BAL:tIs
Enclosure
cc: Laura Carstens, City Planner
Stephen J. Juergens, Esq.
F:\USERS\tsteckle\Lindahl\Memos\MVM MillerPlaceFinalPlat 012808.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Preparers Barry A. Lindahl, Esq. Address: Suite 330. 300 Main Street, Dubuque, IA 52001 Telephone: 1563) 583-4113
RESOLUTION NO. 44-08
RESOLUTION RESCINDING RESOLUTION N0.232-07 AND APPROVING THE FINAL
PLAT OF LOTS 1-1 AND 2-1 MILLER PLACE IN DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Lots 1-1 and 2-1
Miller Place; and
Whereas, the Final Plat has been examined by the Zoning Advisory Commission
and has its approval endorsed thereon, with the waiver of Article IV, Design and
Improvement Standards of the Subdivision Regulations, except for Section 42-19, Blocks
and .Lots, and installation of a 24-foot wide private street and 37'/2-foot radius cul-de-sac;
and
Whereas, said Final Plat has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating thereto; and
Whereas, Resolution No. 232-07 approved the Final Piat but included an incorrect
legal description of the property and should be rescinded.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby waives Article IV, Design and Improvement
Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots, and that
a private street (Wood Gate Drive) be constructed to a 24-foot width and 37'/2-foot radius
cul-de-sac and maintained as part of Miller Place.
Section 2. That the Final Plat of Miller Place 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, provided the owners of said property herein named,
execute their written acceptance hereto attached agreeing:
a) A private street (Wood Gate Drive) be constructed to a 24-foot width
and 37'/2-foot radius cul-de-sac in accordance with improvement
plans signed on March 29, 2007.
Section 3. That in the event Bill Miller Logging, Inc. fails to execute the
acceptance within 180 days after the date of this Resolution, the provisions hereof shall be
null and void and the approval of the plat shall not be effective.
Section 4. Resolution No. 232-07 is hereby rescinded.
Passed, approved and adopted this 4th day of February, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk