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Final Plat Asbury Business Park 1st AdditionTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat Asbury Plaza Business Park 1st Addition DATE: May 23, 2008 Planning Services Manager Laura Carstens is recommending approval of a request from the developer of Asbury Plaza Business Park 1St Addition fora 180 day extension to provide securities. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF DUBUQUE Masterpiece on the Mississippi 2007 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Final Plat Asbury Plaza Business Park 1St Addition DATE: May 22, 2008 INTRODUCTION This memorandum transmits a request by the developer of Asbury Plaza Business Park 1St Addition for an extension to provide securities. DISCUSSION The final plat of Asbury Plaza Business Park 1St Addition was approved by the City Council at the August 21, 2006 meeting. As part of Resolution No. 400-06, the developer had 180 days in which to submit the necessary securities to the City of Dubuque. The developer requested and received an extension to provide the securities for public improvements from the City Council on June 4, 2007 (Resolution No. 333-07). The developer also requested and received a 180-day extension at the December 3, 2007 City Council meeting (Resolution No. 571-07). The developer is now requesting a third extension of 180 days for providing the required securities for public improvements. Anew resolution and a copy of the materials sent to City Council for their August 2, 2006, June 4, 2007 and December 3, 2007 meetings are attached. Resolution No. 571-07 specifies that if the securities are not submitted within180 days of approval of the final plat, that the resolution approving the final plat becomes null and void. The developer has submitted a letter to the City Council dated May 8, 2008 requesting a new extension for provision of securities (copy attached). RECOMMENDATION The requested extension for submittal of securities has been reviewed by City Engineering staff and they have no objections to the requested extension. City staff recommends City Council approve an extension of 180 days by rescinding Resolution No. 571-07 and adopting the new resolution approving the final plat of Asbury Business Park 1St Addition. LC/mkr Attachments cc: Gus Psihoyos, City Engineer 825 S. TAFT AVE. * MASON CITY, IOWA 50401-7345 TEL: (641} 424-3330 FAX: 421-7733 corey.pro jects@gmail.com May 8, 2008 Jeanne F. Schneider City of Dubuque -City Clerk 50 West 13th Street Dubuque, IA 5200 ] -4864 Re: Final Plat -Asbury Plaza Business Aark First Addition Dubuque, Iowa Dear Ms. Schneider: The Dubuque City Council approved the Finai Plat for Asbury Plaza Business Park First Addition on June 4, 2007. We are requesting an additional i 80 day extension referenced in Section 4 of the Resolution to provide time for us to provide the City with the required performance guarantee. Please call if you have any questions.... Sincerely, Wendell W. Corey Copy: Mr. Kyle Kritz, Planning Services, 50 West 13th Street, Dubuque, Iowa 52001 Prepared by: Laura Carstens. Citv Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. Citv Clerk Address: City Hall. 50 W. 13th St. Telephone: 589-4120 RESOLUTION NO. 178-08 RESOLUTION RE-APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza Business Park First Addition; and Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and Whereas, the conceptual plan/preliminary 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 and 3 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 571-07 is hereby rescinded. Section 2. That the dedication of Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G), 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 Resolution - 08 Asbury Plaza Business Park First Addition Page 2 Section 3. That the Final Plat of Asbury Plaza Business Park First 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 Final Plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court (Lot G) 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, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (b) To install sanitary sewer mains 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; (c) To construct a private storm water detention facility (Lot B) in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. No building permit shall be issued until the detention basin is functional or with the written consent of the City Engineer; (d) To install sidewalks along all public streets in accordance with the typical cross section and improvement plans approved by the City Engineer; (e) 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 owner; (f) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Motor City LLC; Projects Plus Ltd., 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 - 08 Asbury Plaza Business Park First Addition Page 3 Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that al public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Motor City, LLC.; Projects Plus, Ltd. fails to execute the acceptance and furnish the guarantees provided in Sections 3 and 4 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 June 2008. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor ACCEPTANCE OF RESOLUTION NO. 08 I, the undersigned, Wendell Corey, President, representing Motor City, LLC, having read the terms and conditions of the foregoing Resolution No. -08 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 2008. By Wendell Corey, President THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat Asbury Plaza Business Park 1st Addition DATE: November 26, 2007 Planning Services Manager Laura Carstens is recommending approval of a request for an extension of 180 days for submittal of securities by the developer, Motor City, LLC, for the work at Asbury Plaza Business Park 1St Addition. I concur with the recommendation and respectfully request Mayor and City Council approval. (/ ichael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF DUBUQUE Showing the Spirit MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat Asbury Plaza Business Park 1st Addition The final plat of Asbury Plaza Business Park 1St Addition was approved by the City Council at the August 21, 2006 meeting. As part of Resolution No. 400-06, the developer had 180 days in which to submit the necessary securities to the City of Dubuque. The developer is now requesting an extension to provide the securities for public improvements. Planning Services Manager Laura Carstens recommends City Council approval of a 180-day extension by rescinding Resolution No. 400-06 and adopting a new resolution approving the final plat of Asbury Business Park 1St Addition. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF DUBUQUE Showing the Spirit MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat -Asbury Plaza Business Park First Addition Planning Services Manager Laura Carstens is recommending approval of the final plat of Asbury Plaza Business Park First Addition subject to final approva( of the annexation of a portion of the plat to the City of Dubuque. A portion of the submitted final plat includes property that was part of that annexation approved by the City Council, and the State of Iowa's City Development Board. The annexation is not yet final, because there is a 30-day appeal period after the annexation is filed with Dubuque County b.y the City Development Board. The plat subdivides approximately 150 acres into seven commercial lots for property owned by Motor City LLC, located north and west of Asbury Plaza Shopping Center. 1 concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM~h Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF DUBUQUE Showing the Spirit MEMORANDUM August 15, 2006 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Final Plat -Asbury Plaza Business Park First Addition INTRODUCTION The submitted final plat of Asbury Plaza Business Park First Addition subdivides approximately 150 acres into seven commercial lots for property owned by Motor City, LLC (Wendell Corey) located north and west of Asbury Plaza Shopping Center. The submitted final plat includes the construction and dedication of three new city streets and an extension of the existing public street, Plaza Drive. DISCUSSION The submitted final plat of Asbury Plaza Business Park First Addition creates seven commercial lots arranged along an extension of Plaza Drive and three new public streets. A8 streets within this subdivision will be built to the City's collector street standard of 60 foot of right-of--way and 37 feet of paving. The applicant, Wendell Corey, has been grading the property based on preliminary grading approval, after review and approval of the conceptual/preliminary plat for Asbury Plaza Business Park. The extension of Plaza Drive extends this roadway from its intersection with the Northwest Arterial (Highway 32). Eventually, Plaza Drive will connect to Derby Grange Road as. shown in the documents submitted by both Wendell Corey and John Herrig during the annexation of their property to the city of Dubuque. RECOMMENDATION The submitted final plat of Asbury Plaza Business Park First Addition is in substantial compliance with the City of Dubuque Subdivision Regulations. A portion of the submitted final plat includes property that was part of that annexation approved by the City Council, and the State of Iowa's City Development Board. The annexation is not yet final, because there is a 30-day appeal period after the annexation is filed with Dubuque County by the City Development Board. Staff recommends that the City Council approve the submitted final plat subject to final approval of the annexation of a portion of the plat to the City of Dubuque. Attachments cc: Gus Psihoyos, City Engineer THE CITY OF DUBUQUE Showing the Spirit PLANNING APPLICATION FORM City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563-589-4221 ^Variance ^Rezoning ^Simpie Sr~e Plan ^Annexation ^ Conditional Use Permit ^Planned District ^Minor Site Plan ^ Temporary Use Permit ^ Appeal ^Preliminary Plat ^Major Site Pfan ^Certificate of Economic Non-usability ^ Spedal Exception ^Minor Fnat Plat ®Major Fnal Plat ^Certificate of Appropriateness Limited Setback Waiver ^Text Amendment ^ Simple Subdivision ^Other. Please tvoe or print legibly in ink .Property owner(s): Motor Gtv LLC: Projects Plus Ltd. Phone: 641-4243330 Address: 825 S. Taft Ave. City: Mason Gtv State:_ IA Zip: 50401-1503 Fax Number: 641-421-7733 Mobile/Cellular Number: 641-430-2824 Applicant/Agent: Wendell Corev Phone: 641-4243330 Address: 825 S Taft Ave. Gty: Mason Crty State: IA Zip: 50401-1503 Fax Number: 641-421-7733 Mobile/Cellular Number: 641-430-2824 Site location/address: Located ofl of the north end of Plaza Drive behind Kohl's and Star Gnema Existing zoning: UD - PC Proposed zoning: PUD-PC Historic District Landmark: Legal Description (Sdwell parcel ID# or lot number/blodc number/subdivision: Sidwell Parcel ID#1017200001:-002:-003•-004 & -006 Total property (lot) area (square feet or aaes):152.50 Acres Describe proposal and reason necessary (attach a fetter of explanation, if needed): Subdividing the development into °Asburv Plaza Business Paris First Addition" CERTIFICATION: I/we, the- undersigned, do hereby certify that: 1. The information submitted herein Is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment-does not guarantee approval; and 3. AU additional n.quired written and graphic materials are attadied. Property Owner(s): Motor City LLC: Projects Plus Ltd Date: Applicant/Agent: Date: 7 ~- d ~ Wendell Corey, applicant/agent for otor Gty LLC and Projects Plus Ltd FOR OFFICE USE ONLY -APPLICATION SUB AL CHEC114IST Fee: ,ADO . t'ap Received by: Date:? dos Docket: . ~ Ste/sketch plan ~ Conceptual Develo mans Plan Photo ~ Plat @ Improvement plans ~ Design review project description., E Floor plan E Other: P:\04\231\231-03\admin\final "platting\Plannin9 APP6mtion F~ 070506.doc SUBDIVISION STAFF REPORT Project Name: Final Plat Asbury Plaza Business Park First Addition Property Owner: , Motor City LLC Applicant: Wendell Corey Number of Lots: 10. Acreage in R.O.W: 3.27 Total Area: 152 acres In City: Yes In 2-Mile Area: N/a Flood Plain: No Density Allowed: 1/5,000 Commonly owned lots: Yes Sanitary Sewer: Future Water: Yes Storm Sewer: Yes Existing Street Access: Yes Proposed Land Use: Commercial Existing Land Use: Vacant Adjacent Land Use: North -Agricultural East -Agricultural South -Commercial West -Agricultural Proposed Zoning: PUD Existing Zoning: PUD Adjacent Zoning: North - R-2/C-3/A-1 East - CS/A-1 South -PC/A-1 West - A-1 Physical Characteristics: The subject property is located on the north and west sides of Asbury Plaza Shopping Center and is characterized by a rolling topography. The properly generally drains to the northwest. Proposed Phasing: None. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: None. Proposed Streets and Grades: Plaza Drive, South Plaza Court, South Plaza Drive, North Plaza Loop. Recommended Motion: Motion to approve the submitted final plat of Asbury Plaza Business Park First Addition as it is in substantial compliance with City of Dubuque Subdivision Regulations, subject to final approval of the annexation of a portion of the plat to the City of Dubuque. Conformance with Comprehensive Plan: This subdivision meets the Comprehensive Plan Land Use Element Goals 2.2, 6.1, 7.2 and 10.1 and the Economic Development Goals 8.1 and 8.4. Subdivision Staff Report -Asbury Plaza Business Park First Addition Page 2 impact of Request on: Utilities: Existing water mains are sufficient to handle the proposed development. The subject property will need to be served by a lift station that has not been constructed at this point. The subject property cannot be gravity fed from existing sanitary sewers in the area. The Engineering Department estimates that the necessary lift stations and force mains will be under construction by November of this year. Traffic Patterns: The subject property will be served by an extension of Plaza Drive, which is a public street and will be built to a 60-foot right-of-way width with 37 feet of paving. The applicant is also proposing construction of three additional public streets also to be built to the City's collector street standard of 60-foot of right-of- way and 37 feet of paving. Public Services: Existing public services are adequate to serve to the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development and adequate storm water detention is provided once the project is completed. Adjacent Properties: Planning staff anticipates that adjacent properties will most likely be impacted by increased levels of ambient lighting created by new developments and additional vehicle trips in the surrounding area. Recommended Condi#ions on Plat: None. Staff Analysis: The submitted final plat of Asbury Plaza Business Park First Addition subdivides an existing 152 acres north and west of the Asbury Plaza Shopping Center into seven commercial lots. This would be the first phase for Asbury Plaza Business Park and will be served by an extension of the existing city street, Plaza Drive. The subject property is owned by Motor City LLC (Wendell Corey) and was originally part of the land acquired by Wendell Corey in order to develop the Asbury Plaza Shopping Center. Mr. Corey subsequently became a partner of Rubloff Development of Rockford, Illinois, but retained sole ownership of the subject property and has since that time acquired additional properties to the west and north of Asbury Plaza Shopping Center. The City Council approved annexation and rezoning of these properties in July 2006. The State of Iowa's City Development Board approved the annexation on August 9, 2006. The annexation is not final until after a 30-day appeal period expires after the City Development Board records the annexation with Dubuque County. Asbury Plaza Business Park is a Planned Unit Development (PUD) and provides for a wide range of commercial, service and retail-type uses. The submitted final plat Subdivision Staff Report -Asbury Plaza Business Park First Addition Page 3 provides for the extension of Plaza Drive through the development, as well as the creation of three additional streets to be named South Plaza Court, South Plaza Drive, and North Plaza Loop. All streets within the subdivision will be built to the City's collector street standard of 60-foot of right-of--way and 37 feet of paving. The final plat also provides an access to property owned by Grandview Methodist Church that stubs into their property street being called South Plaza Drive. The subject property currently cannot be served by City sanitary sewer as it lies below the grade in which any of the City's existing gravity sewers are capable of serving the property. The City Engineering Department is in the process of letting an RFP for construction of the necessary lift station and force mains to adequately serve not only the property included in the final plat for Asbury Plaza Business Park First Addition, but also for property that the City recently annexed for John Herrig and Dean Butler. The City Engineering Department estimates that the necessary infrastructure will be under construction by November of this year. City water is available to the site through an extension of the main within Asbury Plaza. Storm water detention will be provided during each phase of development of Asbury Plaza Business Park First Addition. The submitted final plat of Asbury Plaza Business Park First Addition is in substantial compliance with the City of Dubuque Subdivision Regulations and Planning Staff would recommend the City Council approve the plat as submitted, subject to final approval of the annexation. Prepared by: Reviewed PLANNING SERVICES Dubuque, Iowa _ 20 The foregoing plat in the City of Dubuque, Iowa, 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 on the date first written above. Planning Services Division City of Dubuque, Iowa City Planner -Laura Carstens CITY COUNCIL Dubuque, Iowa ~ 20 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. the Dubuque City Council approved said plat. CITY OF DUBUQUE, IOWA Roy D. Buol Mayor of the City of Dubuque Jeanne F. Schneider Clerk of the City of Dubuque ATTORNEY'S OPINION May 21, 2007 DUBUQUE, IOWA To whom it may concern: This will certify that I have examined the abstract of title covering: TRACT I: The South West l/4 of the North East 1/4, of Section 17, in Township 89 North, Range 2 East of the 5`~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof; and Lot 2 in Asbury Plaza No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II: The East half of the North West 1/4 of the North East I/4 of Section 17, and, The West half of the North West 1/4 of the North East 1/4 of Section 17, in Township 89 North, Range 2 East of the Sw P.M., in the City of Dubuque, Iowa, according to the United Statement Government Survey thereof. TRACT III: The North East 1/4 of the North East 1/4 of Section 17, Township 89 North, Range 2 East of the 5`s P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof. covering the period from root of title to April 17, 2007 at 8:00 a.m. certified on that date by Abeln Abstract & Title Company, and by updated oral search provided by Abeln Abstract & Title Company on May 21, 2007 for a search of the records through May 15, 2007 and find that said abstract shows good and merchantable title in: Motor City LLC, free and clear of all liens and encumbrances except as shown below and shows real estate taxes paid for the fiscal year July 1, 2005-June 30, 2006, subject to the following: Real Estate Taxes: Real estates taxes for fiscal year July 1, 2006-June 30, 2007, which are due, owing constitute a lien but are not yet delinquent. es: {a) Areal estate mortgage from Projects Plus, LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated October 1, 2002, and filed with the Dubuque County Recorder on October 3, 2002, as Instnunent No. 18033-02. This mortgage, which secures credit in the amount of $500,000.00, remains unsatisfied and constitutes a lien on the premises. (b) Areal estate mortgage from Projects Plus LTD, as mortgagor, to Blue Sky, Inc., as mortgagee, dated January 1 S, 2003, and filed with the Dubuque County Recorder on 7anuary (c) Areal estate mortgage from Motor City LLC, as mortgagor, to Vicki Corey, as mortgagee, dated Apri123; 2004, and filed with the Dubuque County Recorder on April 26, 2004, as InstrumentNo. 678404. This mortgage, which secures credit in the amount of$150,000.00, remains unsatisfed and constitutes a lien on the premises. (d) Areal estate mortgage from Projects Plus LLC and Motor City LLC, as mortgagors, to B]ue Sky, Inc., as mortgagee; dated July 27, 2004, and filed with the Dubuque County Recorder on July 30, 2004, as Instrument No. 13299-04. This mortgage, which secures credit in the amount of $100,000.00, remains unsatisfied and constitutes a liert on the premises. (e) Areal estate mortgage from Projects Plus LTD and Motor City LLC, as mortgagors, to Blue Sky, Inc.,. as mortgagee, dated August 17, 2004, and filed with the Dubuque County Recorder on August 20, 2004, as Instrument No. 14792-04. This mortgage, which secures credit in the amount of $160,000.00, remains unsatisfied and constitutes a lien on the premises. . (f) Areal estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated September 21, 2004, and filed with the Dubuque County Recorder on September 27, 2004, as Instrument No. 2004-16960. This mortgage, which secures credit in the amount of $125,000.00, remains unsatisfied and constitutes a lien on the premises. (g) Areal estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated January 28, 2005, and filed with the Dubuque County Recorder on February 3, 2005, as Instrument No. 2005-1653.. This mortgage, which secures credit in the amount of $1,000,000.00; remains unsatisfied and constitutes a lien on the premises. (h) Areal estate mortgage from- Motor City LLC, as mortgagor, to Capital Resources Group, LLC, as mortgagee, dated Apri17, 2005, and filed with the Dubuque County Recorder on May 17, 2005, as Instrument No.2005-7562. This mortgage, which secures the payment of $250,000.00, remains unsatisfied and constitutes a lien on the premises. (i) Areal estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated September 28, 2005, and filed with the Dubuque County Recorder on September 30, 2005, as Instrument No. 2005-16004. This mortgage, which secures credit in the amount of $475,000.00, remains unsatisfied and constitutes a-lien on the premises. {j) Areal estate mortgage from Motor City LLC, as mortgagor, to Premier Bank, as mortgagee; dated October 11, 2006, and filed with the Dubuque County Recorder on November 7, 2006, as Instrument No. 2006-17388. This mortgage, -which secures credit in the amount of $3,450,000.00, remains unsatisfied and constitutes a lien on the premises. (k) Areal estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated February 17, 2006; and filed with the Dubuque County Recorder on February 21, 2006, as Instrument No. 2006-2402. This mortgage, which secures the payment of $475,000.00, remains unsatisfied and constitutes a lien on the premises. (1} Areal estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated October 11, 2006, and filed with the Dubuque County Recorder on November 7, 2006, as Instrument No. 2006-17390. This_ mortgage, which secures credit in the amount of $1,200,000.00, remains unsatisfied and constitutes a Iien on the premises. Also subject to easements and agreements of record. ~ ~1 . ~ ; ? Jar~(es E. Good~fati, Jr:, Attorney at Law1 O~Connor & Thomas, P.C. ~; X700 Locust St., Ste. 200 P.O. Box 599 Dubuque, IA 52404-0599 (563) 557-8400 Phone t:ViEliNotor City AUomey Opinion.wpd MORTGAGEE'S CONSENT TO PLAT Blue Sky, Inc. has reviewed and consents to.the Final Plat of Asbury Plaza Business Pazk First Addition in the City of Asbury, Iowa, comprised of TRACT X: The South West 1/4 ofthe North East 1/4, of Section 17, in Township 89 North, Range 2 East of the Ss` P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof;. and Lot 2 in Asbury Plaza No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II• The East half of the North West 1/4 ofthe North East 1 /4 of Section 17, and, The West half of the North West 114 ofthe North East 1/4 of Section 17,. in Township 89 North, Range 2 East ofthe 5°i P.M., in the City of Dubuque, Iowa, according to the United Statement Government Survey thereof. TRACT lII• The North East 1/4 ofthe North East I!4 of Section 17, Township 89 North, Range 2 East ofthe 5'~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof. - ~~ _ ~ BLUE. SKY, INC., By: Its: ,~- By: Its: STATE OF COUNTY OF ~ ~o This instrument was acknowledged before me on /~'I.d~ , t ~ , 20{}7 by ~" ~y'~r la~,.c2 and ~ D ram; d szn.'~- and .: - of Blue Sky, Inc. (s~~ "~~ LINDA D. GILSON Notary Public iti and for said State Commission Number 177781 • ow MY COMM. EXP. /''~-77'D MORTGAGEE'S CONSENT TO PLAT Capital Resources Group, LLC has reviewed and consents to the Final Plat of Asbury Plaza Business Park First Addition in the City of Asbury, Iowa, comprised of TRACT L The South West 1/4 of the North East 1/4, of Section 17, in Township 89 North, Range 2 East of the 5`h P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof; and Lot 2 in Asbury Plaza. No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II: The East half of the North West 1/4 of the North East 1/4 of Section 17, and, The West half of the North West 1/4 of the North East 1/4 of Section 17, in Township 89 North, Range 2 East of the 5`~ P.M., in. the City of Dubuque, Iowa, according to the United Statement Government. Survey thereof. TRACT III: The North East 1/4 of the North East 1/4 of Section 17, Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof. Capital Resources Group, LLC, STATE OF 1'~~wl~ COUNTY OF ~c l lt- By: `~' Its: ~ ~ ~ By: Its: This instrument was acknowledged before me on 1'~.ti-cs.•~ a ~~ I _ , 2007 by ~yY~ rn ~ Gic ~ 1 vti, and as .~tZ° Si P ,i„~- and of Capital Resources Group, LLC (Stamp or Seal) ~t l L~ ~ ~~ C C.C k. ~. ~ Notary Public in and for said State YRICIA McCLA1N Commission Number 706588 MY ~ r MORTGAGEE'S CONSENT TO PLAT 4~~/°1 Vicki Corey has reviewed and consents to the Final Plat of Asbury Plaza Business Park First Addition in the City of Asbury, Iowa, comprised of: TRACT I: The South West 1/4 of the North East 114, of Section 17, in Township 89 North, Range 2 East of the 5'~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof; and Lot 2 in Asbury Plaza. No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II: The East half of the North West 1/4 of the North East 1/4 of Section 17, and, The West half of the North West 1/4 of the North East 1/4 of Section 17, in Township 89 North, Range 2 East of the Sm P.M., in the City of Dubuque, Iowa, according to the United Statement Government Survey thereof. TRACT III: The North East 1/4 of the North East 1/4 of Section l 7, Township 89 North, Range Z East of the 5'~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof. Vicki Corey STATE OF ~Gu~f1- COUNTY OF ~ ~ ~j This instrument was acknowledged before me on ~,~r;1 3a , 2007 by Vicki Corey. 4 (Stamp or seal) ..,.~ No Public in and for said State otie?`'nt~!' LINDA D. GILSON Commission Number 177781 • row MY COMM. EXP. ~ " 7~/O MORTGAGEE'S CONSENT TO PLAT Premier Bank has reviewed and consents to the Final Plat of Asbury Plaza Business Park First Addition in the City of Asbury, Iowa, comprised of TRACT L The South West 1/4 of the North East 1/4, of Section ] 7, in Township 89 North, Range 2 East of the 5'~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof; and Lot 2 in Asbury Plaza No. 3, in the City of Dubuque, Iowa, according to the recorded.Plat thereof. TRACT II: The East half of the North West 1/4 of the North East 1/4 of Section 17, and, The West half of the North West 1/4 of the North East 1/4 of Section 17, in Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United Statement Govemment Survey thereof. TRACT III: The North East l/4 of the North East 1/4 of Seetion 17, Township 89 North, Range 2 East of the 5'h P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof Premier Bank By: ~~, , 1 Its: Senior Vice President By: Its: Senior Vice President STATE OF Iowa COUNTY OF Dubuaue This instrument was acknowledged before me on May 1= 2007 by Darin P. Fischer and Andrew Mozena as Senior Vice President;and Senior Vice President of Premier Bank. (Stamp or 5ea1) ;r* y JULIE L BRECHT ~ Commiaelon Number 715575 ro.~ fay Comm. Exp. AtA~ 18, 2008 Notary Pu lic ' and for said State