Rustic Point Estates Subdivision Final Plat - Phase 1 Copyrighted
July 17, 2017
City of Dubuque Action Items # 3.
ITEM TITLE: Final Plat of Rustic Point Estates Subdivision— Phase 1
SUMMARY: City Manager recommending approval of the Final Plat of
Rustic Point Estates Subdivision— Phase 1.
RESOLUTION Authorizing approval of the Final Plat of
Rustic Point Estates in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Rustic Point Estates Final Plat-MVM Memo City Manager Memo
Staff Memo Staff Memo
Applicant Materials Supporting Documentation
Vicinity Map Supporting Documentation
Staff Report Supporting Documentation
Resolution Resolutions
THE COF Dubuque
DtUB
E All-America
City
Masterpiece on the Mississippi 1 1 1 1"
2009•2012•2013•2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Final Plat of Rustic Point Estates Subdivision — Phase 1
DATE: July 11, 2017
Planning Services Manager Laura Carstens is recommending approval of the Final Plat
of Rustic Point Estates Subdivision — Phase 1.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
DUBE Ameriea CRY
Masterpiece on the Mississippi t I I � '•'
TO: Michael Van Milligen, City Manager
�D
FROM: Laura Carstens, Planning Services Manager 4 6 v
SUBJECT: Final Plat of Rustic Point Estates Subdivision — Phase 1
DATE: July 10, 2017
INTRODUCTION
This memorandum transmits the Final Plat of Rustic Point Estates Subdivision — Phase
1, a resolution, and related materials for City Council review and approval.
BACKGROUND
Rustic Point is a 50-acre subdivision located at the northwest corner of John F.
Kennedy Road and Derby Grange Road. The City Council reviewed and approved a
preliminary plat at their May 16, 2016 meeting. At full build-out, Rustic Point will create
93 single-family lots and 15 two-family lots for a total of 123 dwelling units. The City
Council approved annexation of Rustic Point on April 3, 2017.
DISCUSSION
The submitted Final Plat of Rustic Point Estates Subdivision — Phase 1 creates 31
building lots. Twenty-one of those lots will be single-family homes and 10 will be for
two-unit townhomes for a total of 41 dwelling units.
The submitted Final Plat of Phase 1 provides for the construction of a portion of four
new public streets. Barnwood Lane and Wagon Wheel Lane will be built with 31 feet of
paving within a 50-foot right-of-way. Sickle Lane and Rustic Point Lane will be built with
27 feet of paving within a 50-foot right-of-way. Parking will be restricted to one side on
Sickle Lane and Rustic Pointe Lane because of the reduced paving width.
The proposed subdivision can be served with City water and sanitary sewer. Both
utilities will be extended to the subdivision this fall.
The Unified Development Code (UDC) requires 80 points for new subdivisions when
public assistance is provided for the development. In this case, a Housing TIF
agreement has been negotiated with the City of Dubuque to facilitate the development
of the project. Public assistance also requires compliance with the UDC Recreation/
Open Space regulations. Rustic Point Estates complies with the UDC's requirement for
80 points of sustainability through the following Best Management Practices:
Final Plat of Rustic Point Estates Page 2
1. 70% of the subdivision lots are solar-ready 30 points
2. Reduced street width to 27-foot 10 points
3. Tree planting requirements 5 points
4. Concrete streets 5 points
5. Recreation/open space (mandatory) 15 points
6. Stormwater management techniques 15 points
TOTAL 80 points
RECOMMENDATION
Planning staff recommends approval of the resolution for the Final Plat of Rustic Point
Estates as it is in compliance with the City of Dubuque's Unified Development Code and
the City's policy for sustainability points when receiving public assistance.
Thank you.
Enclosures
cc: Gus Psihoyos, City Engineer
Denise Ihrig, Water Department Manager
i
I
THE CITY OF City of Dubuque
DT Ei Planning Services Department
LJ fj Dubuque, IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210Fax: 563-589-4221
olann g0citvofdubuaue.oro
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat []Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit WMajor Final Plat ❑Text Amendment []Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Nan-Viabilitv
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation choose one
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Propertyowner(s): Derby Grange LLC c/o Dave Riniker Phone:
Address: 12568 Kennedy Rd. City: Dubuque state: IA Zip:52002
Fax#: Cell #: 563-451-4722 E-mail: rinikers@g mail.com
Applicant/Agent: Phone:
Address: City: —State:—Zip:—
Fax
tate: Zip:Fax#: Cell #: E-mail:
Site location/address: Neighborhood Association: N/A
Existing zoning: R-1 Proposed zoning: N/A District: N/A Landmark: El Yes X No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lot 1 of Tscl1arner Place #4
Total property(lot)area (square feet or acres):
48 ac.
Describe proposal and reason necessary(attach a letter of explanation, if needed): Residential Subdivision Development
CERTIFICATION: I/we,the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date:
it
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
Fee: Received by: Date: Docket:
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Applicant: Derby Grange, LLC.
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Location: 12481 Kennedy Road
Description:Final Plat of Rustic Point
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Map e- ated by CI Y. If Dubuque GIS staff
SUBDIVISION STAFF REPORT
Project Name: Final Plat of Rustic Point Estates
Property Owner: Derby Grange LLC
Applicant: Brian Riniker
Number of Lots: 33 Density Allowed: 1/5,000
Acreage in R.O.W: 5.2 acres Commonly owned lots: None
Total Area: 50.4 acres Sanitary Sewer: No
In City: Yes Water: No
In 2-Mile Area: Yes Storm Sewer: No
Flood Plain: No Existing Street Access: Yes
Proposed Land Use: Residential Proposed Zoning: R-1/R-2
Existing Land Use: Vacant/Agricultural Existing Zoning: County AG
Adjacent Land Use: North — Residential Adjacent Zoning: North — County R-2
East— Residential East— County R-2
South —Agricultural South — County AG
West —Agricultural West— County B-2
Physical Characteristics: The subject property is located at the northwest corner of John
F. Kennedy Road and Derby Grange Road. The subject parcel has rolling topography
with a portion of the property draining toward the city of Dubuque and the Catfish Creek
and the north balance of the property draining toward the Little Maquoketa Watershed.
Proposed Phasing: The subdivision will be developed in three phases.
Previous Conditions of Zoning or Plats: None.
Dedication of Open Space or Public Amenities: The developers are proposing to
dedicate park land to the City of Dubuque as part of a future phase of Rustic Point
Estates.
Proposed Streets and Grades: Wagon Wheel Lane: 2-7% Sickle Lane: 2-6.5%, Rustic
Point Lane: and Barnwood Lane: 2-10%.
Recommended Motion: Motion to approve the submitted Final Plat of Rustic Point
Estates as it is in compliance with the City of Dubuque Unified Development Code.
Conformance with Comprehensive Plan: This subdivision meets the Comprehensive
Plan Land Use Element Goals 1.2, 1.5, 4.1., 4.4, and 7.2. The 2030 Future Land Use
Map designated the property for agricultural use.
Subdivision Staff Report— Final Plat of Rustic Point Estates Page 2
Impact of Request on:
Utilities: The subject property can be served with City water and sanitary sewer.
The water main will be extended from the existing water tower on John F. Kennedy
Road to a point that can serve the proposed subdivision, and will then be extended
throughout the subdivision by the developer.
The sanitary sewer will be extended from its current terminus from property near
Asbury Plaza and be extended through adjacent farm fields to Derby Grange Road
and then to a point that can serve the proposed subdivision. The acquisition of the
necessary easements and rights-of-way are currently underway by City staff.
Traffic Patterns: The proposed subdivision includes portions of four(4) new public
streets. The public streets will be built to either a 27-foot paving width or 31-foot
paving width. In either case, a 50-foot right-of-way will be provided. The 27-foot
wide streets will have on-street parking restricted to one side only. Public
sidewalks will be constructed along both sides of the streets as lots are developed
within the subdivision.
Public Services: Existing public serves are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development of
the property, and adequate storm water management is provided as per City of
Dubuque requirements.
Adjacent Properties: Staff anticipates that impacts to adjacent properties will
include additional vehicle trips on John F. Kennedy Road and Derby Grange Road,
and a change in the built environment as new homes are constructed on what was
once an agricultural piece of land.
Recommended Conditions on Plat: None.
Staff Analysis: The submitted Final Plat of Rustic Point Estates subdivides
approximately 50 acres of property into 31 building lots. The submitted Final Plat is the
first phase of the subdivision, and includes 21 building lots for single-family homes and
10 building lots for two-unit townhomes.
The submitted Final Plat provides for the construction of a portion three (3) new public
streets. Barnwood Lane and Wagon Wheel Lane will be built with 31 feet of paving
within a 50-foot right-of-way. Sickle Lane will be built with 27 feet of paving within a 50-
foot right-of-way. Parking will be restricted to one side on Sickle Lane because of the
reduced paving width.
Subdivision Staff Report— Final Plat of Rustic Point Estates Page 3
The developers of Rustic Point Subdivision and the adjacent property owners, Jim and
Janet Kress, have agreed to cooperate in the extension of City streets and water and
sanitary sewer to serve the adjacent property to the west in the future.
During the final design process, Derby Grange, LLC and Jim and Janet Kress agreed
that the westerly road of the subdivision should be centered on the common ownership
line between the two owners. This would place half of the right-of-way for what is
proposed to be Barnwood Lane on Derby Grange, LLC property and half on Jim and
Janet Kress's property.
Derby Grange, LLC and Jim and Janet Kress have both agreed to dedicate 25 feet of
each of their properties to create a full 50-foot width right-of-way for the proposed
Barnwood Lane. The parties have also agreed to dedicate portions of their land to
create a full 50-foot right-of-way for Rustic Point Lane.
The proposed Final Plat includes an area reserved for detention of storm water (Lot A)
and will be compliant with City of Dubuque Storm Water Management regulations and
policies.
City water and sanitary sewer utilities are currently being extended to the proposed
development. City staff is working on acquiring the necessary utility easements to
extend sanitary sewer to the site. City water is being extended to the site along John F.
Kennedy Road from the current water tower north along John F. Kennedy Road.
Sanitary sewer will come up through adjacent farm fields to Derby Grange Road and
then extend eastward to serve the proposed subdivision. The extension of water and
sanitary sewer mains throughout the subdivision will be the responsibility of developers
of the subdivision.
The proposed Final Plat of Rustic Point Estates will comply with the City's sustainability
requirements and that they will achieve at least 40 points for the following techniques.
1) 70% of the subdivision is solar-ready lots 30 points
2) Reduce street width to 27-foot 10 points
3) Tree planting requirement 5 points
4) Concrete streets 5 points
5) Recreational/open space 15 points
6) Stormwater management techniques 15 points
TOTAL: 80 points
The City's Unified Development Code Section 11-9 provides a recommended amount
of open space for new subdivisions. Based on the number of single-family lots and
two-family lots platted for Rustic Point Estates Subdivision, approximately 51,000
square feet of open space recommended. A 37,000-square foot park area is proposed
for an area on the eastern side of the subdivision tucked in behind single-family homes
on three sides.
Subdivision Staff Report— Final Plat of Rustic Point Estates Page 4
Planning staff recommend the Zoning Advisory Commission approve the submitted
Final Plat of Rustic Point Estates as it is in compliance with the City of Dubuque
Subdivision Regulations.
Prepared by: Reviewed: Date: 9-7 to 1'7
I
Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, Citv Clerk Address: Citv Hall. 50 W. 13th St Telephone: 589-4121
RESOLUTION NO. 266-17
A RESOLUTION AUTHORIZING APPROVAL OF THE FINAL PLAT OF RUSTIC POINT
ESTATES IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Rustic Point
Estates in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear public streets to be known Derby Grange
Road (Lot B), John F. Kennedy Road (Lot C), Barnwood Lane (Lot E), Wagon Wheel
Lane (Lot F), Sickle Lane (Lot G) and Rustic Point Lane (Lot H), together with certain
public utility, storm sewer, sanitary sewer, detention basin access, cul-de-sac
(temporary), and water main easements, which the owner by said final plat has
dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory
Commission and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval
has been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City
Council find the final plat conforms to the applicable statutes and ordinances, except
that streets and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Derby Grange Road (Lot B), John F.
Kennedy Road (Lot C), Barnwood Lane (Lot E), Wagon Wheel Lane (Lot F), Sickle
Lane (Lot G) and Rustic Point Lane (Lot H), together with certain public utility, storm
sewer, sanitary sewer, detention basin access, cul-de-sac (temporary), and water main
Final Plat — Rustic Point Estates Page 2
easements, as they appear on said final plat, be and the same are hereby accepted;
and
Section 2. That the Final Plat of Rustic Point Estates 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 of the attached conditions and further
agree:
(a) To reduce Derby Grange Road (Lot B), John F. Kennedy Road (Lot
C), Barnwood Lane (Lot E), Wagon Wheel Lane (Lot F), Sickle
Lane (Lot G) and Rustic Point Lane (Lot H) to grade and to
construct longitudinal sub -drain, concrete curb and gutter with
asphaltic concrete pavement or with Portland Cement concrete
pavement with integral curb, and temporary cul-de-sacs, all in
accordance with the City of Dubuque standard specifications in a
manner acceptable to the City Engineer, in conformance with
construction improvement plans approved by the City Engineer,
and inspected and approved 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 water detention basins, storm sewers and
catch basins, boulevard street lighting, fiber optic conduit and
vaults, and erosion control devices all in accordance with the City
of Dubuque standard specifications in a manner acceptable to the
City Engineer, and in accordance with construction improvement
plans approved by the City Engineer, and inspected and approved
by the City Engineer.
(c) To construct accessible sidewalk ramps at each intersection and
street crossings in accordance with City of Dubuque Standards and
Specifications, all in a manner acceptable to the City Engineer, and
in accordance with the construction improvement plans approved
by the City Engineer, and inspected and approved by the City
Engineer.
(d) To construct concrete sidewalk across Lot A in accordance with
City of Dubuque Standards and Specifications, all in a manner
acceptable to the City Engineer, and in accordance with the
construction improvement plans approved by the City Engineer,
and inspected and approved by the City Engineer.
(e) To construct the improvements outlined in (a), (b), (c), and (d),
above within two years from the date of acceptance of this
resolution, at the sole expense of the owners, or future owner.
Final Plat — Rustic Point Estates Page 3
(f)
(g)
To maintain the improvements outlined in (a), (b), (c) and (d) above
for a period of two (2) years from the date of the acceptance of
those improvements by the City Council of the City of Dubuque,
Iowa, at the sole final expense of the owners, or future owner.
That Derby Grange, LLC shall provide documentation within 90
days of Final Plat approval that the private easements (Document
Numbers 2009-7712, 2009-7714, and 2007-18315) within the
proposed Barnwood Lane (Lot E) and Rustic Point Lane (Lot H)
right-of-way have been vacated.
(h) That access to Derby Grange Road is prohibited from Lots 8 thru
15 of Rustic Point Estates.
(i)
To provide security for the performance of the foregoing conditions
specified in this Section in such form and with such sureties as may
be acceptable to the City Manager of the City of Dubuque, Iowa.
Section 3. That sidewalk installation shall be the responsibility of each lot
owner for each lot abutting the public rights-of-way, including lots with multiple
frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 4. That the owner must construct and maintain erosion control
devices in Rustic Point Estates which control erosion and prevent sediment from
leaving the site. The owner shall also be responsible for maintenance of the detention
facility located on Lot A of Rustic Point Estates until 80% of the lots in Rustic Point
Estates, which drain into said detention facility, have been fully developed and
adequate erosion control measures, as approved by the City Engineer, have been
installed on the remaining 20% of said lots. Until the above 80% of lots are developed,
maintenance of the detention facility in Lot A of Rustic Point Estates shall include the
removal of sediment and other debris caused by construction activities in Rustic Point
Estates and reshaping and reseeding of the disturbed areas. After said 80% lots are
developed, inspection, administration, and maintenance expenses incurred by the City
of Dubuque for the storm water detention facility on Lot A of Rustic Point Estates shall
be assessed against the property owners, except the City of Dubuque, in Rustic Point
Estates, as indicated on the preliminary plats thereof, in equal amounts. 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
and in the same manner as general property taxes in accordance with provisions of law.
Section 5. That the owner must maintain the temporary cul-de-sacs on
Wagon Wheel Lane and on Sickle Lane, except for snow removal and deicing, until
such time as the construction of Phase 2 of the subdivision begins or owner designs
and constructs permanent cul-de-sac improvements to current City Standards and
dedicates said improvements and an appropriate right of way to the City.
Final Plat — Rustic Point Estates Page 4
Section 6. That the planting of street trees shall be coordinated with the City
Forester. Any trees planted within the street right-of-way mustbe chosen and planted
by the City of Dubuque Leisure Services Department at the developer's expense.
Section 7. That the final acceptance of the public improvements shall only
occur upon certification of the City Engineer to the City Council that the public
improvements have been completed in accordance with the approved improvement
plans and City standards and specifications and accepted by City Council Resolution.
Section 8. That in the event Derby Grange, LLC fails to execute the
acceptance and furnish the guarantees provided 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 17th day of July, 2017.
Roy D. Buc iMayor
Attest:
Keviry Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 266-17
I, the undersigned, Brian Riniker, representing Derby Grange, LLC, having read
the terms and conditions of the Resolution No. 266-17 and being familiar with the conditions
thereof hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this d$ day of 3- 2017.
/ By
Brian Riniker
Derby Grange, LLC
State of Iowa )
) ss:
County of Dubuque )
On this day of A./ (12-r 20 /7 before me, a Notary Public in and for
said state, personally appeared Brian Riniker, to me known to be the person(s) named
in and who executed the foregoing instrument, and acknowledged that they executed
the same as their voluntary act and deed.
Notary Public in the State of lo
My Commission expires: 7/1 /Si
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1 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. ALL MONUMENTS ARE PLACED OR SHALL BE PLACED
WITHIN ONE YEAR FROM THE DATE THIS PLAT IS RECORDED.
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TERRY L. K LK R (GATE)
LICENSE NU BER: 15467
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2017
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2300 STONE BROOK LN.
ELDRIDGE, IA 52748
UEG�IG NDATE REVISIONS I DRAWN BY:
090001A�160 cOMMO4TS
INC. V 5/24/2017 5/28/2017 PER .”T°,
.
ENGINEERS AND SURVEYORS SCALE: I CHECKED BY:
1212 LOCUST S1,, DUBUQUE, IA
0631 ss5-8988 SEE BAR SCALE I
I TRK
Sheet 6 of 8
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:
Lot 1 of Tscharner Place No. 4, Dubuque County, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as RUSTIC POINTE ESTATES in the City of Dubuque, Dubuque County, Iowa. Total area of
RUSTIC POINTE ESTATES is 50.421 acres. 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:
Terry L(Koelker
Licensed Land Surveyor
License No. 15487
7/yo /17
Date
License Renewal Date: 12/31/17
Owner's Consent
Dubuque, Iowa J / / /? 2017
The foregoing Final Plat of: RUSTIC POINTE ESTATES in the City of Dubuque, Dubuque County,
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 for Storm Water Detention Basin purposes,
and Lot B (Derby Grange Rd.), Lot G (John F. Kennedy. Rd.), Lot E (Barnwood Ln.), Lot F (Wagon
Wheel Ln.), and Lot G (Sickle Ln.) for street and utility purposes, and all easements as stated and as
shown to the public.
Derby Grange, LLC
State of Iowa
County of Dubuque ) ss:
e r , Paittiurfije,nbe/`
On this /2_-//, day of ‘71%l V , AD 217, before me the undersigned, A Notary
Public in and for the State of Iowa, personally appeared / viri Ko' en ,k r . to me personally
known, who, being duly sworn did say that he is aril, ».:py rf Derby Grange, LLC and th. lie seat
by
au • • ' - - - : , and that said j Ova ci %Co n; IGGr , acknowledged the execution
of said instrument to be the voluntary act and deed of said limited liabil'rtt company by it voluntarily
executed.
Witness my hand and Notarial Seal on the date above written.
ROBERT E. SABERS
Commission Nu+ber 195747
My Comm, Exp
Sheet 7 of 8
Attorney's Certificate
Dubuque, Iowa 2017
TO WHOM IT MAY CONCERN: J
This will certify that I have examined the abstract of title covering Lot 1 of Tscharner Place No. 4,
Dubuque County, Iowa., according to plats thereof covering the period from government entry to e�J 11j
J 2f,1 / , certified on that date by4beih AbSirW -
'j and find that said abstract shows
good and merchantabld title to said real estate in perby Gn2nl e L. L c,. 4h /oul« ii I)iairr{y5r c.l,rry
free and clear y�of all liens and encumbrances and shows taxes paid includi taxes for the year
7.1`6.®/L.
County Treasurer's Certificate
Dubuque, lowa ,2017
I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes
levied against Lot 1 of Tscharner Place No. 4, Dubuque County, Iowa., have been paid and said real
estate is free from taxes as of this date.
Treasurer of Dubuque County, Iowa
City of Dubuque Plannina Services
Dubuque, Iowa
The foregoing Final Plat of: RUSTIC POINTE ESTATES in the City of Dubuque, Dubuque County,
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
//,2017
City Planner of the City of Dubuque, IA
City of Dubuaue. Iowa
Dubuque, Iowa
2017
The undersigned, Roy D. Buol, Mayor, and Kevin Firnstahl, Clerk, of the City of Dubuque, Iowa, do
hereby certify that the foregoing Final Plat of: RUSTIC POINTE ESTATES in the City of Dubuque,
Dubuque County, Iowa., and the dedication of Lot A for Stbrm Water Detention Basin purposes, and
Lot B (Derby Grange Rd.), Lot C (John F. Kennedy. Rd.), Lot E (Barnwood Ln.), Lot F (Wagon Wheel
Ln.), and Lot G (Sickle Ln.) for street and utility purposes/al-id all easeme as tated and as shown to
the public, as,apppears heretofore has been filed on .% %�'1' day of 2017 as
resolution #,/�'/.�•"7�yin the office of the City Clerk of Duque, Iowa Jnd that the City
Council of the City of Dubuque, Iowa, approves said plat.
Mayor of the s` y of Dubuque, IA
r /
'97
Clerk .f the City of D .uque, (7
Sheet 8 of 8
Citv Assessor's Certificate
Dubuque, Iowa , 2017
The foregoing Final Plat of: RUSTIC POINTE ESTATES in the City of Dubuque, Dubuque County,
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
County Auditor
Dubuque, Iowa , 2017
The foregoing Final Plat of: RUSTIC POINTE ESTATES in the City of Dubuque, Dubuque County,
Iowa, was entered of record in the office of the Dubuque County Auditor this day of
, 2017.
We approve of the subdivision name or title to be recorded.
Denise M. Dolan
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa , 2017
The foregoing Final Plat of: RUSTIC POINTE ESTATES in the City of Dubuque, Dubuque County,
Iowa, has been reviewed by the Dubuque County Recorder.
John Murphy
Dubuque County Recorder
IRREVOCABLE LETTER OF CREDIT
September 12, 2017
City of Dubuque
Attention: City Clerk
50 W. 13th Street
Dubuque, IA 52001
RE: Derby Grange, LLC
Letter of Credit #1108
Amount $1,562,465.30
We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque, Iowa, for
the account of Derby Grange, LLC for a sum not to exceed $1,562,465.30 (One Million, Five
Hundred Sixty -Two Thousand, Four Hundred Sixty -Five Dollars and 30/100) effective
immediately and expiring at the close of business on September 12, 2018.
Funds under this Irrevocable Letter of Credit are available to you by your sight draft on Premier
Bank, 2625 NW Arterial, Dubuque, IA 52002, by submitting a sworn statement that the City has
not accepted all the public improvements required under Resolution NoP-266-17 for Rustic Point
Estates Phase I 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 Premier Bank, Letter of Credit #1108, dated
September 12, 2017". 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 Premier Bank and
negotiated or presented before two (2) years after the expiration 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.
Not withstanding the foregoing, this Irrevocable Letter of Credit shall terminate two years after
the date of the resolution adopted by 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 12th day of September, 2017.
Premier Bank
By:
Title: Mathew I. L ngenberg, Senicecrice President
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THE CITY OF
DUB
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Masterpiece on the Mississippi
Dubuque
City Clerk's Office
City Hall
50 W. 13th Street
1111.1merisd C'ily
Dubuque, IA 52001-4805
1' (
(563) 589-4100 office
I
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
2017*7*2019 zo 2
19
www.cityofdubuque.org
November 20, 2020
Matthew L. Langenberg, Sr. Vice President
Premier Bank
2625 NW Arterial
Dubuque, IA 52002
Re: Rustic Point Estates Phase I / Derby Grange, LLC
Irrevocable Letter of Credit: No. 1108
Amended Amount: $355,105.75
Original Amount: $1,562,465.30
Mr. Langenberg,
At the request of City of Dubuque Land Surveyor Nate Kieffer and pursuant to
Resolution No. 266-17, 1 am retiring the final Irrevocable Letter of Credit #1108 dated
September 19, 2018.
Please contact me if you have any questions.
Thank you.
All
P
AZ4U�&
Adrienne N. Breitfelder
City Clerk
Enclosure
cc: Nate Kieffer, Land Surveyor, City of Dubuque
File
IRREVOCABLE LETTER OF CREDIT
September 19, 2018
City of Dubuque
Attention: City Clerk
50 W. 13th Street
Dubuque, IA 52001
RE: Derby Grange, LLC
Letter of Credit # 1108
Amount $355,105.75
We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque, Iowa, for
the account of Derby Grange, LLC for a sum not to exceed $355,105.75 (Three Hundred Fifty -
Five Thousand, One Hundred Five Dollars and 75/100) effective immediately and expiring at the
close of business on September 19, 2020.
Funds under this Irrevocable Letter of Credit are available to you by your sight draft on Premier
Bank, 2625 NW Arterial, Dubuque, IA 52002, by submitting a sworn statement that the City has
not accepted all the public improvements required under Resolution No. 266-17 for Rustic Point
Phase I 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 Premier Bank, Letter of Credit #1108, dated
September 19, 2018". 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 Premier Bank and
negotiated or presented before two (2) years after the expiration 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 two-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.
Not withstanding the foregoing, this Irrevocable Letter of Credit shall terminate two years after
the date of the resolution adopted by 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 19t" day of September, 2018.
Premier Bank
By: �2w Z Z����
Title: Mathew L. Langenberg, Senior Vice President
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