Vacation of Plat of Survey of Hurst Addition (Lots 1 & 2) Copyrighted
December4, 2017
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Vacation of Plat of Survey of Hurst Addition
SUMMARY: City Manager recommending that the City Council set a
public hearing for December 18, 2017 to vacate the Plat of
Survey for Lot 1 and Lot 2 of Hurst Addition.
RESOLUTION of Intent to vacate Plat of Lot 1 and Lot 2 of
HurstAddition, in the City of Dubuque, lowa comprised of
Lot 31 through Lot 36 of O'Neill's Addition in the City of
Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for December 18, 2017
ATTACHMENTS:
Description Type
Vacation of Plat of Survey of Hurst Addition-NNM City Manager Memo
Memo
Staff Memo Staff Memo
Petition of Vacate Plat Hurst Supporting Documentation
Resolution Resolutions
Notice of Hearing Supporting Documentation
THE CITY OF Dubuque
�
AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacation of Plat of Survey of Hurst Addition
DATE: November 28, 2017
The Hurst family agreed to sell to Sherry Flexer a home located on a large parcel. The
intent of the parties was that Ms. Flexer, the buyer, would purchase the home and a
portion of the larger parcel, with Hurst retaining the balance of the parcel. Due to a
miscommunication between the realtor and the parties, the transaction proceeded to
closing before the new plat of survey was recorded. The deed conveying the property
to Ms. Flexer and the mortgage she executed in favor of her bank both used the old
legal description for the larger parcel.
Nearly simultaneously, the Hursts recorded the new plat creating the new parcels out of
the former larger parcels. Due to the fact the new plat created a new legal description,
the Flexer's bank was unable to record a valid mortgage.
The bank had also subsequently sold the Flexer loan to its current holder. In order to
correct the record all parties desire to withdraw the plat recorded by the Hursts after the
closing and each party has executed the documents attached for that purpose. After
the plat is vacated, the legal description originally used in the deed to convey the land to
Flexer will be correct.
City Engineer Gus Psihoyos recommends the City Council set a public hearing for
December 18 on the vacation of the Plat of Survey.
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
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
2
Dubuque
THE CITY OF e �
AfF��tri�a City
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�If�
Masterpiece on the Mississippi =°"'�Z°'Z
2013•ZQ17
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer�
SUBJECT: Vacation of Plat of Survey of Hurst Addition
DATE: November 27, 2017
INTRODUCTION
The submitted request from Jed J. Hurst is to vacate the Plat of Survey of Lot 1 and Lot
2 of Hurst Addition, being property at Salem and Excelsior Streets, in the City of
Dubuque, lowa.
DISCUSSION
The Hurst family agreed to sell to Sherry Flexer a home located on a large parcel. The
intent of the parties was that Ms. Flexer, the buyer, would purchase the home and a
portion of the larger parcel, with Hurst retaining the balance of the parcel. Due to a
miscommunication between the realtor and the parties the transaction proceeded to
closing before the new plat of survey was recorded. The deed conveying the property
to Ms. Flexer and the mortgage she executed in favor of her bank both used the old
legal description for the larger parcel.
Nearly simultaneously, the Hursts recorded the new plat (Hurst Addition, see
attachment) creating the new parcels out of the former larger parcels. Due to the fact
the new plat (Hurst Addition, see attachment) created a new legal description, the
Flexer's bank was unable to record a valid mortgage.
The bank had also subsequently sold the Flexer loan to its current holder. In order to
correct the record all parties desire to withdraw the plat recorded by the Hursts after the
closing and each party has executed the documents attached for that purpose. After
the plat is vacated, the legal description originally used in the deed to convey the land to
Flexer will be correct.
RECOMMENDATION
The Engineering Department has discussed this issue with Planning Service Staff and
determined there are no issues with vacating the plat from a zoning perspective. The
existing structures and former lot layout were compliant prior to the submittal of the Plat
of Survey of Lot 1 and Lot 2 of Hurst Addition.
The Plat of Survey of Lot 1 and Lot 2 of Hurst Addition also includes an access
easement which is not necessary and will also be vacated.
I recommend that the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition as indicated on
the attached documents be vacated, and that a public hearing be set for the vacation of
said Plat of Survey on December 18, 2017.
ACTION TO BE TAKEN
I respectfully request that a public hearing be set for December 18, 2017 on the
vacation of the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition, in the City of
Dubuque, through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
2
Prepared bv: Samuel M. DeGree, 300 Main Street. Suite 323. Dubuaue, IA 52001 (563) 582-2000
Return to: Samuel M. DeGree, 300 Main Street, Suite 323, Dubuque, IA 52001 (563) 582-2000
RESOLUTION NO. 378-17
RESOLUTION OF INTENT TO VACATE PLAT OF SURVEY FOR LOT 1 AND LOT 2
OF HURST ADDITION, IN THE CITY OF DUBUQUE, IOWA, COMPRISED OF LOT 31
THROUGH LOT 36 OF O'NEILL'S ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, the proprietors of the property Tying within the Plat of Survey of Lot 1 and Lot
2 of Hurst Addition, in the City of Dubuque, Iowa (the "Plat") have requested the vacation
of such Plat; and
Whereas, the petitioners have requested that the property currently described by the
Plat be hereinafter known and described by the legal description of such property
immediately prior to the recording of such Plat; namely as Lot 31, Lot 32, Lot 33, Lot 34,
Lot 35, and Lot 36 of O'Neill's Addition in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate the Plat of Survey.
Section 2. That a public hearing on the intent to vacate the Plat is hereby set for the
18th day December 2017, at the Historic Federal Building, 350 W. 5th Street, Dubuque,
Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed
to cause a notice of public hearing on the intent to vacate the Plat to be published in the
manner as prescribed by law.
Passed, approved and adopted this 4th day of December 2017.
Attest:
Kevin' S. Firnsthl CM'C-, City Clerk
Roy D. Buol, Mayor
.
Dra e LawFlrm,P.c.
ATTORNEYS
D. Flint Dra[ce* 300 Maiu Sh�et,Suite 323 Samuel M.DeGree
fdraker;ch•akelawpacon� Dubuque,IA 52001 sde�ree�qdr�kelawnacom,
Botli admitted in[owa Telephone;(563)582-2000
*Also admitted in Wisconsin Facsimile:(563)583-5225
November 2,2017
Mr. Mzchael C. Van Milligen
City of Dubuque, Iowa, City Manager
50 W. 13th St.
Second Floor
Dubuque, IA 52001
RE: Petition to Vacate Plat
Dear Mr, Van Milligen,
We are writing you today on behalf of our client Jed J. Hurst regarding a Petition to
Vacate the Plat of Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque,Iowa,in
accordance with Yowa Code section 354.22. Please find enclosed the following dacuments:
1} Petition to Vacate Plat
2} Declaration of Vacation of Plat
3} Draft Certification of County Auditor
4} Draft Resolution of Intent to Vacate Plat
5) Draft Resolution Vacating Plat
Iowa Code section 354.22 requires that we file this Petition with the governing body having
jurisdiction of over the prope��ty in question, in#his case the Dubuque City Council. After f Iing
the P�tition,fihe governing body must fix the time and place fox public hearing on the petition.
Written notice of the proposecl vacation must be served upon proprietars and nnor�gagees within
the plat to be vacated, Finally,n�tice of the proposed vacation must be publisl�ed twice,with
fourteen days between publications stating the date, time, and place of the hearing.
We will sezve written notice upon the proprietors and mortgagees within the plat. Bairy
Lindahl indicated to us that the City would puUlish notice of the hearing;please let us know if
there is anything we can do to assist in publishing such notice. We also spoke with Bill Welter in
the mapping department,who infonned us that th�county auditor would execute the Certificate
of County Auditor upon passage af the resolutian vacating the plat.
We ask that you add this rnatter to the agenda of the next available meeting of the City
Council. If you have any questions or conce��ns,please feel free to call or write our office to
discuss this inattec�further. Thai�lc you.
Sincerely,
DRAKE LAW FIRM, P.C.
By:
Samuel . eGree
Hnclosures
' IN RE )
LOT 111N1� LOT 2 C�F HURST ADDI'1"ION ) PETITI4N TO VACA'1� PLA'I'
)
ci'1'Y or DtrBuqtn,, IOWA }
TO: QTY COUNCIL, QTY pP DUBUQUE, IOWA
c/o Mr. Mike Van Milligen, City Manager
50 W. 13th St.
Seconc�Plaor
Dubuque, IA 52001
C4ME NOW,Jed J. �Iurst and Rebecca Htust;Jcf£rey L. Schwerdtfeger; and Sherry
L. Flexer, {hereafter collectively"Proprietors"�, and Dul�uque Bank&Tn�st Company
{hereafter"Mortgage�") and for theix Petition to Vacate state as follows:
1. Jed J. Hurst owns property previously described as Lot 35 and Lot 36 in
O'Neill's Additian to Nor�h Dubttque, in the Gity o£Dubuque, Iawa,
according to the record�d plat the�-eof;however after the filing of the
Stibdivision Plat creating Lot 1 and Lot 2 of Huzst Addition (the "Plat"), the
property is part of a plrcel described as Lot 1 of Hurst Addition, in the
City of Dubuque, Iowa, accor�ing to the recorded plat thereof ("Jed
� I'roperty').
2. Prior to February 20, 2015,Jeff rey J. HLIYSC a11C�Ha�ey S. Hua.st were owners
of the rea) estate previouslydc:scribed as Lot 31,Lot 32,Lot 33,and Lot 34 in
O'Neill's Acldition to Noreh Dubuque, in the City of Dubuque,Towa,
accordi�ig ta the recarded plat thereof {"Jef£Property");
3. On rebn�ary 20, 2015,Jef f rey J, Hurst and Hayley S. Hurst conveyed the Jeff
Prc>per�ybyWarrantyDeedto JeffreyL. SchwerdtfegerandSherryL. Flexer
("Buyers"). On the same date, the Buyers granted a purchase money mortgage
secured bythe Jeff Propertyto I�ubuque Banl��.nd Trust Corx�.pany. F�owever,
prior t,o che recorc�ing of the Deed and Mortgage, the Plat v�ras filed with the
Dubuque County Recordc�r.
4. Becat�se the Plat was filed prior to the recordin� of the Deed and Mortgage, it
is uiiclear who is the valid tit,le liolder ta portions �f the rca.l e�tatc in question,
and whether the Mortgagee has a valid mortgage on the real estate. �3ecatue of
this ambiguity, the grantor and grantee of s�tch Illecd join in r.his petition, as
well as the Moi-tgagee.
5. Thc vacatic�n of tl�is Plat will riot prejudice the rights of' any person.
6. Byvacating this Plat,�he petitioners desire to revert the l�gal descriptions of
the affected real estate to the description in effect immediatelyprior to the
recording o�the Plat; that is,Lots 31-36 of O'Neill's Addition in the Caty of
Dubuque, Iowa, according to the recorded plat thereof.
7. Attacb.ed hereto is the Plat to be vacated.
8. Attached hereto is a draft Certificate of the Dubuque County Auditar stating
that thc real estate represented bythe vacated plat can be adequatelydescribed
for assessment and taxation purposes withaut reference to the vacated plat.
Mr. Bill Welter with the Mapping Department has indicated rhat the Dubuque
Cottnty Auditor generally does not sign such a document until the petition to
vacate is approved by the City Council after the required no�ice period.
9. Attached hereeo is a Deciaration signed, executed, and acknowledged by aJl of
the Proprietors within the area of the official plat to be vacated, declaring xhe
Plat to be vacated.
WI�REFORE, the undersigned Proprietors and Mortgagee request that the City
Council of Dubuque, Iowa approve the vacation of the Plat of Lot 1 and Lot 2 of Hurst
Addition in the City of Dubuque,�owa.
Respectfully submitted,
DRAKE L FIRM,P.C.
By: � �
D.Flint Drake
300 Main Street, Suite 323
D«buque,IA 52001 •
Tel; 563-582-2000
Fa.x: 563-583-5225
Email: £drake.(c�drakelawpc.com
[Signature pages f ollow]
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Jef e L.Schwe d er
[Signature Page to Petition to Vacate Plat]
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(Si�iia�ure Pag�e m Pecicion to Vacate Plat)
Prepared by: Samuel M. DeGree„ 300 Main Street, Suite 323, Dubuque, IA 52001 (563) 582-2000
Return to: Samuel M. DeGree„ 300 Main Street, Suite 323, Dubuque, IA 52001 {563)582-2000
DECLARATI�N OF VACATION OF PLAT
WHEREAS,After the recorcling of the Plat of Lot 1 and Lot 2 of Hurst Addition, in
the Gity of Dubuque,Iowa (the "Plat"), a warranty deed of property lying within the Plat
from JeffreyJ. Hurst and HayleyS.Hurst to JeffreyL. Schwerdtfeger and SherryL.Flexer
was recorded, using the legal description in use immediatelyprior to the recording of the
Plat. The parcel deeded was described as Lot 31,Lot 32,Lot 33,and Lot 34 of 4'Neill's
Addition to North Dubuque,in the City of Dubuque,Iowa, but is described under the new
Plat as Lot 2 of Hurst Addition, and the southerly 80 feet, more or less, of Lot 1 of Hurst
Addi�ion, in the City of Dubuque,Iowa.
WHEREAS,Jed J. Hurst owns propertypreviouslydescribed as Lat 35 and Lot 36
in O'Neill's Addition to North Dubuque, in the City of Dubuque,Iowa, according to the
recorded plat thereof; however after the filing o£the Plat,such property is described as the
Northerly 100 feet,more or less,of Lot 1 of Hurst Addition, in the Cityof Dubuque,Iowa.
WHEREAS, after the Plat was recorded, a mortgage frrona.JeffreyL. Schwerdtfeger
and SherryL.Flexer to Dubuque Bank&Trust Companywas recorded an�d subsequently
assigned to Idaha Housing and Finance Association.;however, such mortgage lists the old
legal description, namelyLot 31, Lot 32,Lot 33, and Lot 34 of O'Neill's Addition to North
Dubuque, in the City of Dubuque,Iowa.
Wf-IEREAS, because the deed from JeffreyJ. Hu�st and HayieyS. Hurst to JeffreyL,
Schwerdtfeger and SherryL. Flexer was recorded after the Plat, it is unclear whether the
grantors or grantees of such deed are the valid record titleholders of such property.
However, all in.d'zviduals that may have a valid interest in such property join in executing this
instrument, and therefore the ambiguity is moot�ox the purpose of this Declaration.
WHERE.AS,the Dubuque CountyAuditor has certified that the real estate within the
Plat can be adequately descnibed for assessment and taxation puzposes without reference to
the vacated lots contalned therein,and a copyof such certificate is at�ached hereto so that it
may be recorded.
THEREFORE,pursuant to Iowa Code section 354.22, all proprietors and
mortgagees of the propezty lying within the Plat of Lot 1 and Lot 2 of Hurst Addition,in the
City of Dubuque,Iowa, declare�hat such plat is hexebyvacated.Hereafter, the real estate
within said Plat shall be known as Lot 31,Lot 32, Lot 33,Lot 34,Lat 35, and Lot 36 of
O'Neill's Addition to North Dubuque, in the Cityof Dubuque, Iowa, according to the
recorded plat thereof.
. Huxst Rebec Hurst
� ,��r----
Je£f urst Ha ey S. Hurst
STATE OF IOWA )
C�UNTY OF DUBUQUE ) ss:
On this � day oP� '� , 201�, before me, the undei-signed, a Notary
Public iii and �or the State of lowa, personalfy appeared Jed J. Hurst, ta me known to be the
person named in and who executed the foregoing instrument, and acknowledged that he
exect�ted the same as his vofuntary act and deed.
,��tnAc�, TYLER DOERFI
��� COMMI5ui0N NUbiB�R 79i546 ��� �`
- � * MYCOMMISSIONEXPIR� tary Pubfic In ancl For the State of [owa
�GNA
STATE OF IOWA )
COUNTY OF DUBUQUE ] ss:
On this � day of �i , 201�', before me, the undersigned, a Notary
PLi61ic in ancl for the State of.[owa, persona(Iy appeared Rebecca Hurst, to me known to be
the person named in and who executed the foregaing instrument, and acknowledgeci that he
executed the same as his voluntary act and deed. __
__------
�t TYLER DOERfl
� '"� CoMPdISSIONNUMBER791546 No Pttblic In and For the State o� lowa
�,��p M CUMMf9Si0N EXPIRE�
�i7�4h
STATE OF (OWA )
COUNTY OF DUBUQUE ] ss:
On this �. c[ay of��, 201�, before me, the tindersigned, a Notary
Public iiz and for the State of Iowa, personally appeared JeFfrey J. Hurst, to me known to be
the persons named in and who executed the foregoing instr�unent, and acknow[edged that
they exectrted the same as their vo[��ntary act and deed.
A{ � C�
tid" ,� TYLEA D �Rp
A�� COMMISSION NUMB�R 791546
= � 4 M COMMISSIQNEXPIAE9 ary P��blic In and fior the State of lowa
�AWA
STATE �F [OWA ]
COUNTY OF DUBUQUE ) ss:
On ti�is � ci�y oF " � 201�, befoi-e me, tlle undersigned, a Notary
Public iil and for the State of [owa, personal[y appeared Hayley S. H«rst, to me known to be
the persons named in and who exec��ted tl�e foregoing instrument, and acknowledged tl�at
they axe�uted the s�me as their voIuntary act a��ed.
__--.
��oAcs TYIERDQERfl
� _ � COMMfSSIQN NUt�IBFR 791546
. . YCOMMlSSIONEXPIRES N ry Pubfic ]n and For the State of lowa
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[Sa�;n�ttLu�e P�ige� �o J�ecla.r�lt.ic7n c:>f� Vac�ition uf T'l��t]
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Sheriy � . Fl�.xer
STATE OF IOWA )
�C7UNTY OF f�U6UC�llE ) ss;
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UIl I:I115 _. ��Clay of___. �' , 201�, hetore me, th� �.indersi�n�ci, �a Nc�l��ry
Public in �nd far tl7e St��te c�F lowa, personally ��p��c�reci Shcrry L. Flexer, to mc Irnowr� to be
the �aPrsons naniecl in �nr_1 whc� exPcuted the for�:goirig ii�slr�.m��nt, �nd ar,l<nc.�wledgeri tl�at
they executed Che sam� as their vol�,intary act �nrl cleed.
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[Signatuie Page to Declatarion o£Vacation of Plar]
IDAHO HOU NG AND FINANCE ASSOCIATION,iVlo�tgagee
By. �_
M� 1�Su eiman,its �i��-�'�/��'��
STATE OF I ���� )
COUNTY �A�_� ) ss:
Oi� this .�`�day oF� c.��2017, before me, tl�e undersigned, a Notary
Public in and for the State oF m�l.�.� }aersonally appeared Mark Suderman, to me
know» to be the c�c.c �- oF [daho Housing and Finance Association named in
and wI�ich executed the Fore ing instrumenC, and acknowledged that he exectited the s�me
as his voluntary act and deed, and Chat he is dufy auti�orized to execute this documenC oi�
behalf of Id�ho Hotising and Fii�ance Assoiciatia
Notai�y P�tUlic In a F ti�e State of_�'�
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Oi7 this >>— ciay c�f��^��� , 2QI�, (�eFore rne, the Lin�lersigneci, a N�tary
PLfL�{IC 111 �I1CI FO�' tllE SC�I'C OI' IflWcl� r��rsor�ally ap��earccl Jeffrey L. Schwerdl-fcger, t� me
I<nc�wri tc� I�e the persc�ns nam�d in and wl�o exFcut�d the fore�oing instr�.irt�en�, and
acf<nnwleci�;eci tha� thcy exec�ited the saine as tl�eir v����.���i�y act �ncl de��d.
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C�m•irni,sion N�. 79f?GI
My Cammis;;ioi�Ekpir��,.luly 2�,201�
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CERTIFIGATE OF DUBUQUE COUNTY AUDITOR
REGARDTNG VACA.'T�ON OF PLAT OF L�T 1 and LOT 2 of I IURST ADDI7TQN
The undersigned,Auditor of Dttbuque County,Iowa,hereby certifies that r.he
following described xeal property can be adequately described for assessment and taxation
purposes without reference to the vacated lots therein:
Lot 1 and Lot 2 of Hurst Addition, in the City of Dubuque,Iowa, accorduig
to the recorded Plat thereof;
Such real property can be adequ�tely described by the description in use inunediately prior to
the recording of the Plat,to wit:
Lot 31, Lot 32,Lot 33,Lot 34,Lot 35, and Lot 3b in O'Neill's Addition in the
City of Dubuque, Dubuque CAunty,Iowa, according to the recoxded plat
thereof;
This certificate is made an.d executed pursuant to Section 354.22{2}(c) of the Iowa Code.
Dated;
DUBUQUE COUNTY AUDIT�R
B�:
Print Name:
•� .,
. � � uINIIIIII�II�IIUIIIINIII INlllllllll�l�llllu��l�i�l
Doc ID: OOB187380005 Type: GEN
Klnd: SURVEV PLAT
Recorded: 02/20/2015 at 02:46:37 Phl
Fee Amt: $27.00 Pape i of 5
Dubuque County Ioua
John Murphy Recorder
F11e2015-00041838
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET DUBUOUE IOWA PHONE: 5631 556-4389
Plat of Survey of:
Lot 1 and Lot 2 of Hurst Addition,
as comprised of Lot 31 thru Lot 36 of 0'Neill's Addition
in the City of Dubuque, Dubuque County, lowa
�
1XI5 SURYEY IS LOCRiFD IN ME NWII�a
$EC710N 72.iB9N.RTE(d19U01ff TMP)Oi
O. S, 7NE OM P.M..k!iHE Ott OF OUBUWE,
WBUWE LOUNtt,rowA
DETAILS:
NOT TO SCALE
SALEM ST. (50' R.O.W�_ _ �— _ — —
N8734'S3"E 269•92� �2799 96, ��00.00')
119.96' (120.00�)
I LOT 36 N
0'NEILL'S ADD. � � LOT 37
LOT 13 D 0'NEILL'S ADD.
O'NEILL'S AOD. I W�y(�� W m
-C
o + � � o � ro
LOT 14 � o o ����LOT 35�o �, 0'NEI�IL'S ADD.
0'NEI�L'S ADD. m Zo" Q �O'NEILL'S �n
,n � ADD. n� ^
N � fW ' N �
� � °D 40' x 25' ACCESS N o LOT 39
� LOT 15 � � � EASEMENT � � �% p'NEILL'S ADD.
� N 0'N E I LL'S ADD. � f �n L07 34 \,5_0'�
p � � 0'NEILL'S ADD.k � N
w � ^' ' I �
� � �' i� 0'NEIOLL'S ADD. �j o LOT 40
� .m{ LOT 16 �� 0'NEILL'S ADD.
W 0'NEILL'S ADD. �W Ng7•34'S0"E 100.16' o
0o p o 100.00� _ o
� o LOT 32 �
o � v LOT 41
,,� yG O�NEILL�S ADD.
LOT 17 J .A -� 0'NEILL'S ADD.
0'NEILL'S ADO. I � 9 s),`O 9°
� � o r�
� J SP O�� �D SOUTHWESTERLY
�OT 18 r CORNER LOT 55
0'NEILL�S ADD. LOT 31 ��'O2 � O�NEILL'S ADD.
I 0'NEIIL'S ADD.
i�o.zs' (»o.00') �ooss' (�oo.00') 169.39' (»o.00')
S 87'18'41"W 439.97� (440.00')
_ VINTON ST (60' R.O.W.) —
LEGEND
FWND 1'IRON PIPE
� (UNLESS NOTED OTHERNISE)
PIACED 5/8�IRON RER00 W ORANGE NOTES
O PlASTIC CAP MMKED'KO�ER 1S4B7' 1.ALL MEASUREIAENTS ARE IN fEET AND DEqMALS iNEREOF.
2.SUR�EYED REplES7ED 9Y:JED HURST
SUR�EYED BWNDMY 11NE 3.PROPRIETIXiS LOT 1 OF MURST AUDI110N:JEO J.HURST
PROPERTY LINE 4.PROPRIETORS LOT 2 0�HURST ADDITON:JEFFERY J.HURST
- -CENTER IINE d� �O� bU' �2(�' 3.TOTAL AREA SURVEYED:29,9/0 SO Ff 0.89ACRE5
ROW RIp1T OF WAY B.iH15 PIAT IS SUBJECT TO ALL EASEIAEN7S OF RECARD AND NOT OF RECORD.
( ) RECORO DIMFNSION SCALE; �� = BO�
1 MF1tE8Y CERTIFY THAT 7MI5 LAND SURVEYING DOWMENT WAS �U E�1 N G
`\\��p����"`������Oij�� PREPARED ANO iHE REUTED SUR�EY N9RK WAS PERFORMW BY ME OR
``�� �,,,�e�.ii ASSOCIA 5 INC.
� UNDER NY DIRECT PQ250NAL SUPERNSION AND 7HAT I AM A WLY
`_�. "4 BNGfNFdRS dND 3IlRVBYORS
PL� �(�NSEO I.AND SUR�EYOR NDER iHE UWS OF 7HE TAIE OF IOWA.
<W^ '•�"� 1212 lDCU5f ST.WBVWE.N
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_ KOELKER :p_ /�[.�4/
- 15487 E IERRY L KOF�(ER OAIE DRAYM BY: JJL CHECKE�BY: TLK
��'., ;'�.\` LIfINSE NUMBER 15187 SURVEY UAIE: 12/2/1} PLOT DAIE:2/it/IS
� � MY UCENSE RENEWAL DATE IS DEC£IABER 31,2015 DWC.N0.13278-02 SCALE: t"=80'
,'//,///��������O�WP1��\\\\\\\\ SHEETS CO�ERED BY TMIS SEAL: S1EET 1 d�2 SHEET 1 OF 4
'f�j/,QO � /
, �, Sheet 2 of 4
Survevor's Certificate
I,Terry L.Koelker,a Duly Licensed Land Surveyor in the State of lowa,do hereby certify that the following real
estate was surveyed and platted by me or under my direct personal supervision,To Wit:
Lot 31 thru Lot 36 of O'Neils's Addition in the City of Dubuque,Dubuque County, lowa.
This survey was perFormed for the purpose of subdividing and platting said real estate henceforth to be known
as Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County, lowa. Total area of Lot 1 and
Lot 2 of Hurst Addition is 0.69 acres(29,940 square feet).Total area of Lot 1 is 0.41 acres(18,010 square
feet).Total area of Lot 2 is 0.27 acres(11,930 square feet). 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.
sY���Y��/��� a �i>�l s'
Terry L. Koelker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date: 12/31/15
Owner's Consent
Dubuque, lowa �' 17,2p/�
The foregoing Plat of Survey of:Lot 1 of Hurst Addition,in the City of Dubuque,Dubuque County, lowa is
made with the free consent and in accordance with the desires of the undersi ned owners and proprietors of
said real estate.
J J.Hurs
State of lowa )
)
County of Dubuque ) ss:
On this�_day of ,AD 201$,before me,the undersigned,A Notary Public in and for
the State of lowa,personally appea Jed J.Hurst,to me personally known,who,being duly sworn did say
that said appeared Jed J.Hurst acknowledged the execution of said instrument to be their voluntary act and
deed voluntarily ex�cuted.
�
• WitnOss my hand�and�Notarial Seal on the date above written.
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^j�'��'.,�.. � �``'�, �tary�°/vY�pr the$tate of�a..J•!P'•o�dl{o
�=: _:��� y ,� �,K..�
�'.`' :N.f 7� ::T�•
::`rul�'. �.�t��i/�(,�. :�I'/:
:t�c. 6� �-�;�,��� Owner's Consent
.;Du��ue,l�ltiwa ���,20�J�
� ��The foregoing Plat�of Survey of:Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County, lowa is
'�'�made with the free consent and in accordance with the desires of the undersigned owners and proprietors of
said real estafe.
Jeffery J.Hurst
State of lowa )
)
County of Dubuque ) ss:
On this�day of AD 2d5 before me,the undersigned,A Notary Public in and for the
State of lowa,personally appeared J ery J. Hurst,to me personaliy known,who,being duly sworn did say that
said appeared Jeffery J.Hurst acknowledged the execution of said instrument to be their voluntary act and deed
voluntarily executed. '•' � �=-
`�;}! ?,f^ "' .
,,.:. . ..-.',,;� � ,
Wit�ess my hand and.N�fArial�eal on:t�i�-date above written.
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� 7«�� ' " � No ary ublic in,a for the State of low
�:�.`_ __ �O'� t�ms,u'�5���'i F�Rt�,c.s —7-�dd�fo
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`` � . Sheet 3 of 4
Ci�of Dubuaue Planning Services
Dubuque, lowa OeG. I� ,2013
The foregoing Plat of Survey of: Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County,
lowa,is hereby approved by the City Planner of the City of Dubuque, lowa.
Planning Services Department
By:`�-`��J"'-�'al-�
Laura Carstens,City Planner
City of Dubuque, IA
City_Assessor's Certificate
Dubuque, lowa � /P ,20/S
The foregoing Plat of Survey of: Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque,Dubuque County,
lowa,was entered of record in the Office of the City Assessor of the City of Dubuque,lowa,on the date first
written above.
�� �
Richard A. Engeiken, ity Assessor
City of Dubuque, IA
Count�r Auditor's Certificate . •
Dubuque, lowa ��`;�����} b .�' ;20�$
� -� ,��,� ,.. " �'!) ', ' • `
The foregoing Plat of Survey of: Lot 1 and Lot 2 of Hurst Addition,in the�!a�fltdiuque,��jquque Cgunty,
lowa was entered of record in the Office of the Dubuque County Auditor this�,�`-_,.�day�b�;�'
.�,�.,Zol5 „�� �`` �
�: .�, .
We approve of the subdivision name or title to be recorded. �'�'` � . �"' ' �:�
,B?,di se,t,�•.'�bC`A�1
`�. ` C�i�itq'oT�uque, lowa
�,,� ~3: �•�
��•� � � ��
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Recorder's Certificate
Dubuque,lowa ��ol�is��24S
The foregoing Plat of Survey of:Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County,
lowa has been reviewed by the Dubuque County Recorder.
(�j� �fl�.1'1
0 DZbu ue County Recorder
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Sheet 4 of 4
BANK CONSENT TO PLAT
�l�,�l(�,i � ��YYI Y�1l.l i1�� _ _ 5ervices hereby states that it is the mortgagee of a mortgage
Instrument No. Ztti�l•�G I�`•�) I U of the records of�ubuque C�unty, lowa as dated �5���'0�1 and
filed on i� �`�-U`'1 on real estate described as follows:
Lat 35 and Lat 36 of O'Neii's Acfdition, in the City of Dubuque, Eowa.
�°�1xk.l.��G�1�'11U 611 l,rtC�,U�,ll'1�ul� consents to the Plat of Survey of: Lot 1 and Lot 2 of Hurst
Additian, in the City of Dubuque, Dubuque County, lowa
Dated this � � day of `1,1�) ��'��~( , 2a (��
BY: , G� .
State af lowa )
)
Caunty of Dubuque ) ss:
On this 1� day of ��YLlO� , AD 201,'��" before me, the undersigned, A Notary
Public in and for the 5tate of lowa, personally appeared �-,i;�- S1�
tor�e personaN3r known, who being by me duly sworn, did
s#ate that V is the� C T�p 1►C�V�t,L
of said corporation executing t e within and foregoing instrument, that said instrument was signed on behalf of
said Corporation by authority of its Baard of Direc#ors, and that �.+�'S1U,6�C�r
as such officer acknawledged the execution of the foregoing instrument
to be the voluntary act and deed of said Corporatian by it voluntarily executed.
Witness my hand and Notarial Seal on the date abave written
��r��
' � � Notary Public in and for the State of lowa
� q�;Ti'r;E N� �i�tJ
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: rt ... t��Y C�Ai ���i!E;�P
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'� �.;�;.::;;c?.�;::�:^=_R 1$6It18
i ,k it hit CE�9E��1 "��9 EXPlB
ror�► 1�
�Meet 4 of 4
BA K CQNSENT TO PLAT
�Or �' � ►�>`l�,� �-Set�iees hereby states that it is#he morC agee of�ortgage
1n t erit Na. D - of the re,cords af Dubu�ue County, lowa as dated � and
filed on ' u � on real estate desc�bed as follows: �
Lot 35 and Lot 36 af O'Neii's Addition, in the City af Qubuque, lowar
�(�� �lv � �'I1�� �cn sents to the Pla#of Surv�y of; L.ot 1 and l.at 2 of Hur.st
Ad ti n, in the City of Du uque, Dub�que County, lawa �
� ,n' /I I
Dated#his �� �fay ofi r �-�-� �.20 t�
BY: � %���G 'l-
St�te of fowa 1�- 1�-�i Nw� �����Z��"�jC�'�'� F��
) �o _u9� ���r-��w��V �,(i Gl',S�t,-hcti� �`�wL
Caunty of Du�uqu� � ss: �
� th�undersi r�etl,A Nota
On fhis � day of �"/I�-���,AD 2d"�befa�e me, g ry
Public in and for the��te pf iowa;personally appeared Pl A. .�`���,(,L�'1 IC�.��
to me perso ily I�nown, ho being by me duly sworn;did
st�#e thaf. is the__���A.y1.�' r
of sald corporati ex�cuting the within and foregoing instrumen�, �hat said instr . �nt was s��i�n�ed an behatf of
sairi Corpora#ion by aUthority of its Boarct of Di�-ectors, and that � �.J
_ _ as 5uch a�cer acknowledged t executic�n o€the foregoing instrument
io be the valun#ary acE and deed of said Corporation by it uofunfarity executed.
Witness my hand and Notarial Seai ori the date abave vv�itten.
�
Nota..ry Public in and for the State of lowa
. �c�.°"""1�M°""urr�b°`�
� ��
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a
meeting to commence at 6:00 p.m. on Monday, December 18, 2017, in the Historic
Federal Building, 350 West 6�h Street, on the intent to vacate the Plat of Survey for Lot
1 and Lot 2 of Hurst Addition, in the City of Dubuque, lowa, comprised of Lot 31 through
Lot 36 of O'Neill's Addition in the City of Dubuque.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, City Hall, 50 W. 13�h St., Dubuque, lowa, and may be viewed during normal
working hours.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office on or before said time of public hearing. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for
or against said proposal.
Any visual or hearing-impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TDD/TTY (563) 690-6678 at least 48 hours prior to the meeting.
Kevin S. Firnstahl, CMC
City Clerk
1 t 12/8