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Riedl Place Plat of SurveyPlanning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuque.org THE CITY OF DUbUQUe DuB E Masterpiece on the Mississippi '' ~ ~''~ 2007 July 8, 2008 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: James Riedl Location: 2461 Kerper Boulevard Description: Plat of Survey of Riedl Place Dear Mayor and City Council Members: 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 The applicant was not present. Staff reviewed the request, noting Lot 1 is for the applicant's business, and Lot 2 does not have the required 50 foot of street frontage. There were no public comments The Zoning Advisory Commission discussed the request, and felt it was appropriate Recommendation By a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Res ectfully submitted, C=a-~J//~'i~i2- Jeff Stiles, Chairperson Zoning Advisory Commission Cc Gus Psihoyos, City Engineer F:IUSERS\KmunsonlWP\City Council\20081CC 07_21_08\Plat of Survey of Riedl Place cc.ltr.doc Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dubuque a~aam Dui E 1 1 Masterpiece on the Mississippi 2007 June 24, 2008 TO: Zoning Advisory Commission ~/ FROM: Kyle L. Kritz, Associate Planner ~/' SUBJECT: Plat of Survey of Riedl Place INTRODUCTION The submitted plat of survey of Riedl Place subdivides an existing parcel along Kerper Boulevard to facilitate the sale of the land to an adjacent property owner. The property is located at 2461 Kerper Boulevard. DISCUSSION The Plat of Survey of Riedl Place is being reviewed by the Zoning Advisory Commission as the proposed lot split results in Lot 2 not having a minimum of 50 foot of frontage as required by Section 42-19(b) of the Subdivision Regulations. Dubuque Initiatives, the current property owner, is selling a portion of a lot legally described as Lot 2 of 2 Block 14 Riverfront Subdivision No. 3 to Mr. Riedl, who owns the adjacent business, Driveline of Dubuque, Inc. The existing parcel does not have frontage on a public or private street and lies adjacent to the rail line and the west side of Mr. Riedl's property. The proposed lot split does not adversely impact adjacent properties, and Planning staff does not object to the waiving the lot frontage for Lot 2 of Riedl Place. RECOMMENDATION Planning staff recommends that the Plat of Survey of Riedl Place be approved subject to waiving the lot frontage requirement for Lot 2. KLK/mkr Plat of Survey of RIEDL PLACE, LEGEND T / ~ (UNLNE55 O IERN95E NOTED) ~ in the Cit of Dubu(7ue, Iowa ay Y Q ~ FOUND 5/8' ROD W/YELLOW CAP /7597 ro O~ / Comprised Of: Lot 2-2, Lot 1-1-2, lot 2-1-2 and Lot 2A, B FOUND 5/8' Roo W/RED CAP p263t W/AI oll of Block 14 of River Front Subdivision No. 3 ~ ~~ /~O FOUND MAC NAIL 1 Y4' /,; ~~ O PLACED 5/e' IRON REROD W/YELLOW N R G Tws 6uRVEr 15 LOGTEO w 1HE NWI/4 ar PLASTIC CAP MARKED 'JLW 4016' / SEOTION 10. I6oN. R8 (AMEN TWp) Or SURVEYED BOUNDARY UNE ~' THE filN P.Y., W ME CITY a oVBUOUE - PROPERN UNE N O O10 WBVOIIE COIMTY, IOWA CENTER UNE --___ ~-- \ ~V / ~'`. ~ -----------------------~ SUBDINOED lOT UNE w I:j ~~ti / ' ~ ~~~ - - (O) - -RECORD IIAENSION ~ Z \ R / 4 S W/AI N1TM ANGLE IRON O Oy / ; ,~ / 0.52' S$'• $~, PoVERTFRONT SUKBD. NO. J 50. FT. SQUARE FEET ~ a a °j ~ G o~ ;" DETAIL q qg• AC. ACRES F Q o~ ~/ a ' NO-SCALE 9?s. ~6• F ~ Q-~ j~O ~m°,-` P F q CURVE DATA ? ~ 9~ OS I I I I I I CHORD I CHORD ~~ o-~;' ~, q• CURVE DELTA RADIUS ARC LENGTH TAN- m w i / 4 THIS IS AN ASSUMED ~3 ~4~ LENGTH BEARING tai m e -BEARING FOR THE PURPOSES 9$ ~~ , I C7-A 13'42'27' 13342.53'1216.29'(216.54')1108.16'1216.25'IN32'45'15"E v ~ =O ~°i / rF ,% OF THIS SURVEY ONLY. ~8f 8J I C7-B 10'36'40' 13342.53'1 35.65' 117.82' 135.65' IN31'12'20'E ~ ~ /' DETAIL ~ C1-C 13'05'47' 13342.53'1 180.64' 190.34' 1180.62'IN33'03'35'E o "~ ~ ~ TJ / ~ NO-SCALE I C7-D 12'08'03' 13342.53'1 124.50' 162.26' 1124.49'IN32'34'42'E z i o z a I C7-E 10'57'45" 13342.53'1 56.15'(56.52') 128.07' 156.14' IN34'07'36'E °m c ~ ° u ° ~~ ~ ` LOT 1 R ~' ; % 0.44' F ~ ~ m r, ~ a w A^ ~/° .~";-~ •~, AREA = 1.757 AC. ~/ Z ~ ~ o Qo o~ ~ o ; ~ S 57'49'26' E m°~ / ~~ `o o W J ~ (76,546 SQ. FT.) ~ ~ A O Q // 9R LOT 2-1-2, BLOCK 14 OF RIVER FRONT SUED. N0. 3 O~m4 /~` ~ w ~ ~' O 6 a Z q io~ ~~ / ~ /~O F Y I U U N~ J / \ O / E%ISTINC PERPETUAL EASEMENT ,~ / / < ~ y m~ ut < y1 `r N 57'47') 2" W 3 O PER QUIT CLAIM DEED RECORDED AS A ~ O `j o '~ o-6 Z r ~^1 /^ Wm~JN yY~O 24.91'(25') ~.2 ~ ~ N FILED NOVEMBER 1581994 m w N ~ Uy w CI 1 'q q9' ;" ~ o I N p o~~ a I^ ~ ~ 956 Ss. °. / ~~i F ~ ~~y~s~ Q LOT 2 OF IN-NNRO 0 40 q2$ ! , ~m 1 ~ LL ° it < a y o su6aWSION No. 1 ,~, S'Q Js9 •S$, ~ /ya Q. / z ~ N W < <o i ~!' ,~'w Or ~.~` ~ ~ /hh jr i o o w aw ~ W Inu y 0' 30' 60' 120' '`WSJ edg. Ri1T, ~' /p JP N < rc z ~ a _ z W t3 J RJR < ~ ~r ~ ~o'o ~~J~aU '. N SCALE: Y a 60" Oryl `SL •, o^' //JY JV OI a a a ~i ° r•T ~ z ' ~ 9o NO /h ~~/ Z ~Nridviun I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS / ~~/ m J / ~UESING Y \\\~pO~p11LANDbTq~;~~ip/i PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR ~' \ / ~ A ASSOCIATES INC. m ` ye~0,.••'••• SGP UN MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY W'v fNC/Nf8R9 AND SURFFYORS ° `~_; •• ~~ L E D LAND R UNDER THE LAWS OF THE STATE OF IOWA. ~~C// l0T 1 OF IN-FUTURO / 1212 U)Ct15T ST, DUBUQUE, M 3u, '<= (563) 556-1369 Q . ~. JOHN L WHITE ~ a _ SUBDIVISION No. 1 / a _ N 57'49'56" W (DRAWN BY: JCH 4016 ~ ~~L ~ CHECKED BY: JLW ~ ° N L WHITE (DATE) 21,96'22.00 )/ I SURVEY GATE: 6/6/08 a qT}••.• ~7g~ CENSE NUMBER 4016 / ~ I PLOT DATE: 6/f0/OB RRi~;~~/'I~IIDIWip111\`\"~~~~~ MY LICENSE RENEWAL DATE IS DECEMBER Jt, 2008 / S 31'30'24" W IDWC. N0. 08108-01 SCALE: 1" 60' I , 35.96'(36.00') ~ I SHEET 1 0 F 3 SHEETS COVERED BY THIS SEAL : SHEETS 1 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hall, 50 W. 13th Street Telephone: 589-4121. RESOLUTION N0. 236-08 A RESOLUTION APPROVING THE PLAT OF SURVEY RIEDL PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey Riedl Place in the City of Dubuque, Iowa; and; Whereas, said Plat of Survey provides 36 feet of lot frontage for Lot 2, where 50 feet of lot frontage is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 to have 36 feet of lot frontage, where 50 feet of lot frontage is required. Section 2. That the Plat of Survey Riedl 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. Passed, approved and adopted this 21st day of July 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Sheet 2 of 3 Surveyor's Certificate I, John L. White, 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: Lot 2-2, Lot 1-1-2, Lot 2-1-2 and Lot 2A, all of Block 14 of River Front Subdivision No. 3, in the City of Dubuque, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as RIEDL PLACE, in the City of Dubuque, Iowa. Total area of RIEDL PLACE is 2.089 acres (90,996 square feet). Total area of LOT 1 is 1.757 acres (76,546 square feet). Total area of LOT 2 is 0.332 acres (14,450 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. BY: ~ L. White - nsed Land Surveyor nse No. 4016 Dubuque, Iowa Date License Renewal Date: 12/31/08 Owner's Consent 2008 The foregoing Plat of Survey of: RIEDL PLACE, 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 Lot 2-2 and Lot 1-1-2 of Block 14 of River Front Subdivision No. 3, in the City of Dubuque, Iowa. Dub que Initiatives William Callahan, President State of Iowa County of DQQubuque ) sslI: On this ~U~day of Vin ~. , AD 2008, before me the undersigned, A Notary Public in and for the State of Iowa, personally appeared William Callahan to me personally known, who, being duly sworn did say that said William Callahan is President of Dubuque Initiatives, that the seal affixed to the above instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors, and that said William Callahan, President acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. ,~~"''~~, MARIE ?. KOERPERfCN i ~ Commission~umtier71ae4S • ' " . Ahy Commission Expires October 2, 2008 Owner's Consent Dubuque, Iowa ,L-P ~ a ~ _ Nota Public in and fort a State of Iowa ~ ~n e I g , 2008 The foregoing Plat of Survey of: RIEDL PLACE, 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 Lot 2-1-2 and Lot 2A of Block 14 of River Front Subdivision No. 3, in the City of Dubuque, Iowa. Ja R. Riedl Cynthia L. Riedl State of Iowa County of Dubuque ) ss: On this I O ~/ day of ~~~ , AD 2008, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared James R. and Cynthia L. Riedl, husband & wife, to me personally known, who, being duly sworn did say that said appeared James R. and Cynthia L. Riedl acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. ~~,~,'< /"/ o~P~^L,~ AMY L. PAULEY Notary ublic in and f the State of Iowa _, ~ Commission Number 723556 ,aw„ My Comm. Exp. JUL 22, 2009 Sheet 3 of 3 ' . , , Dubuque, Iowa City of Dubuaue Planning Services ~~/ ( , 2008 The foregoing Plat of Survey of: RIEDL PLACE, in the City of Dubuque, Iowa was reviewe nd ap ved by the City of Dubuque Planning Services on the date first written above. Laura Carstens, City Planner City of Dubuque Zoning Advisory Commission Dubuque, Iowa _~l~ ~ y ~ .2008 The foregoing Plat of Survey of: RIEDL PLACE, in the City of Du Iowa was reviewed and approved by the City of Dubuque Zoning Advisory Commission on the date first writte above. V.'G~Chairperson, ity of Dubuque Zoning Advisory Commission City of Dubuque, Iowa Dubuque, Iowa ~ ~ ~ 2008 The undersigned, Roy D. Buol, Mayor and Jeanne Schneider, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey of: RIEDL PLACE, in the City of Dubuque, Iowa, and the dedication of Lot A ( rbo tum Drive) to the public, as appears heretofore has been filed in the office of the City Clerk of ubuque, Iowa on 7 > fa ~as resolution ~`m.?3l ~J~ and that the City Council of the City of Dubugyl~a a,,~proves said plat. e City of Dubuque, IA Jerk of the City of Dubuque, IA Dubuque, Iowa Countv Treasurer's Certificate 2008 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against Lot 2-2, Lot 1-1-2, Lot 2-1-2 and Lot 2A, all of Block 14 of River Front Subdivision No. 3, in the City of Dubuque, Iowa, Dubuque County, Iowa have been paid and said real estate is free from taxes as of this date. Treasurer of Dubuque County, Iowa Dubuque, Iowa City Assessor's Certificate 2008 The foregoing Plat of Survey of: RIEDL PLACE, 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. City Assessor of the City of Dubuque, IA Countv Auditor's Certificate Dubuque, Iowa , 200$ The foregoing Plat of Survey of: RIEDL PLACE, in the City of Dubuque, Iowa was entered of record in the Office of the Dubuque County Auditor this day of , 2007. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque, Iowa Recorder's Certificate Dubuque, Iowa , 2008 The foregoing Plat of Survey of: RIEDL PLACE, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. Dubuque County Recorder ATTORNEY'S CERTIFICATE Sheet 3A of 3 DUBUQUE, IOWA June 27, 2008 To whom it may concern: This will certify that I have examined the abstract of title of: TRACT I: Lot 2 of Lot 1 of Lot 2 of Block 14 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa, according to the recorded plat thereof and TRACT II: Lot 2A of Block 14 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof. TRACT III: Lot 2 of Lot 2 and Lot 1 of Lot 1 of Lot 2 of Block 14 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa, according to the recorded plat thereof. covering the period from root of title to June 16, 2008 at 8:00 a.m. certified on that date by Abele Abstract & Title Company and find that said abstract shows good and merchantable title in: TRACT I AND TRACT II: James R. Riedl and Cynthia L. Riedl, husband and wife, as j oint tenants with full rights of survivorship and not as tenants in common TRACT III: Dubuque In Futuro, Inc., an Iowa corporation n/k/a Dubuque Initiatives, free and clear of all liens and encumbrances except as shown below and shows taxes paid through fiscal year July 1, 2006-June 30, 2007, subject to the following: 1. Mortaaae: Areal estate mortgage executed by James R. Riedl and Cynthia L. Riedl, husband and wife, as mortgagors, to Premier Bank, as mortgagee, dated January 10, 2006, and filed with the Dubuque County Recorder on February 28, 2006, as Instrument No. 2006-2813. This mortgage secures credit in the amount of $496,283.00 and remains unsatisfied and constitutes a lien against Tracts I and II. 2. Real Estate Taxes: Real estates taxes for fiscal year July 1, 2007-June 30, 2008, constitute a lien but have not been certified for collection by the Dubuque County Treasurer. Also subject to easements and agreements of record. ad C. Leitc Attorney at Law O'Connor & Thomas, P.C. 700 Locust St., Ste. 200 P.O. Box 599 Dubuque, IA 52004-0599 (563) 557-8400 Phone I:~ItE~Riedl Attorney Opinion.wpd MORTGAGEE'S CONSENT TO PLAT Sheet 3B of 3 Premier Bank has reviewed and consents to the PLAT OF SURVEY OF RIEDL PLACE, in the City of Dubuque, Iowa, comprised of TRACT I: Lot 2 of Lot 1 of Lot 2 of Block 14 in "River Front- Subdivision No. 3" in the City of Dubuque, Iowa, according to the recorded plat thereof and TRACT II: Lot 2A of Block 14 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof. PREMIER BANK, By: (~' c .1~c/sink Its: ~1 t f Pro s-d e ~ ~- ./ By: , Its: ~-Q~ STATE OF IOWA ) ss: COUNTY OF DUBUQUE " ) On this / 1 ~ day of ~ , 2008, before me, the undersigned, a Notary Public in and for the said State, personally appeared S a GU51 h and G ~! q U- to me personally known, who being duly sworn, did say that they the 1 C~ ~PIQ S I and U f C Z° pl'1~ 51 G(-~h.--~ , of Premier Bank, the corporation executing the within and foregoing instrument; tha~,said ins ent was signed on behalf of the corporation by authority of its Board of Directors; and that ~C~-~Q~ SI Y1 C~ and ~P.P~ 5(,f~l ~ as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ~~ No Public P~! C ~ _ s~ ANiY L. PAULEY Commission Number 723556 ~o„,r My Comm. Exp. JUL 22, 2009 I:~RE~Riedl Attorney O~inion.wpd