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Westside Arterial Development LLC Roadway Easement°~~~~'/ r~ ~_ , ~~~~ KANE, NORBY & REDDICK, P.C. ATTORNEYS Brian J. Kane 2100 ASBURY ROAD, SUITE 2 Les V. Reddick* DUBUQUE, IA 52001-3091 Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Of Counsel: Joseph P. Kane Gary K. Norby All admitted in Iowa Phone: (563) 582-7980 *Also admitted in Illinois Facsimile: (563) 582-5312 **Also admitted in Wisconsin E-mail: bkane@kanenorbylaw.com September 23, 2009 . 4 ~ ? ~ ~ The Honorable Mayor Roy D. Buol _ ~"~ ~ ` and Dubuque City Council cT, {- ~ - ~ r~ p ~ City Hall -._ "' ~~! 13 `~' and Central Avenue ~ '~ {' `" "~ Dubuque IA 52001 ~. '^' ~ ;-`~ CD cs"' Re: Temporary Roadway Easement at the End of Millstone Drive ~' Honorable Mayor and Members of the City Council: We represent Westside Arterial Development, LLC ("Westside Development")which owns Lot 1 of Lot 36 of Harvest View Estates 5th Addition. Lot 1 of Lot 36 is adj acent to and immediately north of Millstone Drive. The plat for Harvest View Estates filed as Instrument No. 5211-04 contains a 100 foot temporary roadway easement in the shape of a cul-de-sac. This temporary easement is on Lot 1 of Lot 36. The temporary roadway easement is also illustrated on Plat of Survey filed February 17, 2005 as Instrument No.2005-2305, copy attached. By its terms, the temporary roadway easement on Lot 36 is to be terminated after extension of Millstone Drive beyond the easement. Westside Development placed an earthen berm on top of the temporary roadway easement to, among other things, shield the Millstone neighborhood from Lot 1 of Lot 36, which Westside Development will ultimately want to commercially develop and seek a rezoning. The City, by and through its engineering department, instructed Westside Development to remove the earthen berm so that the temporary cul-de-sac maybe constructed by a prior owner on Lot 1 of Lot 36 as shown on the plat. Westside Development commenced moving the earthen berm and was presented with the enclosed petition from many of the owners of Harvest View Estates requesting abandonment of the easement and reconstruction of the earthen berm. KANE, NORBY & REDDICK, P.C. September 23, 2009 Page 2 Given what appears to be the overwhelming consensus of the neighboring property owners, Westside Development requests that the City abandon and vacate the temporary road easement (i.e. temporary cul-de-sac) on Lot 1 of Lot 36 as described in Instrument No. 5211-04 and Instrument No. 2005-2305. If you have any questions, please do not hesitate to contact us. Thank you. Best regards, KANE, NORBY & REDDICK, P.C. By BJK:meh Enclosure cc: Mr. Barry A. Lindahl ~ 3 8 . .. .. .. .. .. .. .. .. .. I INSTRUMENT N0. 2005-2305, filed February 17, 2005. • PLAT OF SURVEY LOT 1 AND LOT 2 OF LOT 36 OF HARVEST VIEW ESTATES FIFTH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA SCALE IN FEET 1• ~ 100' 0 SO 100 yp0 ^ ~'~ i'y ' ~ ~. i' !~ ~' ~• y ;C. r c:f -i • ra 1 rlf r.f .1 .~ { r.i :ii ';' ~F c» t; ~ i' r' ~: f» .. m rl ~f ,,, ~ a~ :a. iii I ~~~, ~~ ~~ I I rn ~. to ~ I ` ~ r -~ tart ~ 't ~ ) ~~ tYV z I s iTT ~ ~ . .~~ ~ I ~ ~I IT1 Ca I ~j ~I x• is I r' I 'I `` ~ T "I II Ri t ~ x I '~: - .. I 'Tt . I ~' r ~ LOT 2 OF ::~ ~_~1- LOT 1 OF LOT 36 LOT 36 ~ °°"'"° "'°"' -- ,;, ~ ~ ;~_~ ~---•mmNO iaa mea~~Nr feaorwr watNr < ~`. =: :^• N ~77Y10• [ >,rN ~~~ I LOT ]6 ~N I ~~ I ~ C 1 L07 I< AREA SURVEYED: L07 1 OF LOT 36 5.73 ACRES OT OF LOT 36 2.11 ACRES TOTAL AREA 7.84 ACR Survey Requested By: HARVEST DEVELOPMENT GROUP -. ` x ~ . , °• ~~. 'n ~y LOT to ° m i ~ i %outo ~ ~ -i ~ ," ~ ~ ,~f oaanNO fa wroc I Y • ulanT I N __- -- n .~ r~ LOT 14 ILOT 71 ' ` O m < . , .a in I LOT 11` LOT a LOT b i o y ~ ~,{ to Lot s I I LaT u i LEGEND SURVEYED BOUNDARY LINE ~~ FOUND IRON T-BAR WITH CAP 9761 ~• SET IRON T-BAR WITH CAP 9761 O UTILITY EASEMENT . .--- WATER MAIN EASEMENT _. _._._ UTILITY AND SURFACE _ DRAINAGE EASEMENT _ _ TEMPORARY EASEMENT ,,,~~~uuup~y~i I hraby earWy That thb land wrwylnp doown~nt rq fN'ap WJD ~ ~ d t ,~~ ~~~ an he ralabd wrwy work way par/ormW b tno or undr `~. r~, 9.,.• ••••y~ divot puwo~ u ~rN~bn and that I om a yduly Ik~nNd t CLTS w~ f t~ Stato of Iowa. WHKS '~iL4WRENCE A.': ~/~ do CO. BOYER ~~~iii (U 9761 Lawrana~ A. Bolwr _ '' ~ LNNN~n NumMr 0701 ' no ~[N1nri ~ esa-s~=-ew ~ta~w m~aax~ ,'+,,,,~*4rOW; ~~~*~~,,,, Lly IIer~N rr~awdFdabap SDaoambr 31, T Sh.ab aownd by thla awl: 1 and 2 of ~%"f ~~~~ =~BSIRACI~&`~I~C :ouelmue, - •- IOWA 132. The families of Harvest View estates wish not to have an easement at the end of Millstone Drive, nor any other tie into Northwest Arterial. We wish to keep the subdivision as private as possible. The undersigned request that no easement be put in, but rather have Platinum Realty re-build and landscape the hill at the top of Millstone Drive. ~yl %~TLt/~' ~Iorg~. n ~-~ e r~! ~~. The families of Harvest View estates wish not to have an easement at the end of Millstone Drive, nor any other tie in to Northwest Arterial. We wish to keep the subdivision as private as possible. The undersigned request that no easement be put in, but rather have Platinum Realty re-build and landscape the hill at the top of Millstone Drive. Page 1 of 1 Jeanne Schneider -Temporary Roadway Easement at the End of Millstone Dr. From: Mai Steven J <MaiStevenJ@JohnDeere.com> To: "rdbuol@cityofdubuque.org" <rdbuol@cityofdubuque.org>, "rjones@cityofdubuque.org" <rjones@cityofdubuque.org>, "dresnick@cityofdubuque.org" <dresnick@cityofdubuque.org>, "klynch@cityofdubuque.org" <klynch@cityofdubuque.org>, "kbraig@cityofdubuque.org" <kbraig@cityofdubuque.org>, " jconnors@cityofdubuque.org" <jconnors@cityofdubuque.org>, "dvoetberg@cityofdubuque.org" <dvoetberg@cityofdubuque.org>, Jennifer Mai <Jennifer.Mai@clarke. edu> Date: 09/28/2009 7:02 AM Subject: Temporary Roadway Easement at the End of Millstone Dr. Attachments: Harvest View Estates Survey 1 and 2.pdf; MillstoneDrOctS.doc Dear Honorable Mayor Roy D. Buol and City Council Members, I am writing this email in regards to an issue my neighborhood has been struggling with for some time. There is currently a residential street in our sub-division (Millstone Dr.) which should end in a temporary cul-de-sac, but this request has been met with a fair amount of resistance from the current land ower. I apologize for emailing the following files, but I was left under the impression that this issue may come up at the October 5th city council meeting, so I wanted to get this information in your hands prior to that meeting. I will also have paper copies sent to city hall today. Thank you for your time and we appreciate your consideration regarding this issue, Sincerely, Steven & Jennifer Mai file://C:\Documents and Settings\jschneid\Local Settings\Temp\XPgrpwise\4AC08A36D... 09/28/2009 September 28, 2009 The Honorable Mayor Roy D. Buol and City Council Members City Hall 13th and Central Avenue Dubuque IA 52001 Re: Temporary Roadway Easement at the End of Millstone Drive Honorable Mayor and Members of the City Council: We are writing as concerned citizens and property owners in the Harvest View Estates housing development, at 2592 Hilton Springs Dr. Our property is located at the corner of Hilton Springs Dr. and Millstone Dr. and abuts to undeveloped residential property currently owned by Westside Arterial Development, LLC ("Westside Development"). When we purchased our home in May of 2006 we were shown a plan which detailed Millstone Dr. extending north as future houses were added to the sub-division (please see attached Plat of Survey labeled # 1). Shortly after moving into our home the property to the north was sold to "Westside Development" who had no immediate plans to develop this residential property, but did detail a plan in conjunction with the previous owner to create a temporary cul-de-sac where Millstone Dr. ends at a "dead end" today (please see attached Plat of Survey labeled #2). In June of 2007 "Westside Development" created a 15 ft. tall, "unseeded," earthen berm at the end of Millstone Dr. extending along their entire property line instead of installing the cul-de- sac. Since that time my wife and I have been working with the City of Dubuque engineering department to get the cul-de-sac installed for the following reasons: 1. Safety -The dead end at the end of the street does not allow vehicles to turn around safely, so they must use private driveways or drive in reverse. This is especially concerning because our neighborhood is filled with children and large vehicles such as City of Dubuque sanitation trucks and snow plows have poor visibility when backing up. Additionally, a fire hydrant north of our lot is now inaccessible due to the changes implemented by "Westside Development." 2. Environmental -The earthen berm was not seeded with grass and there is currently no curb, gutter, or retaining wall at the end of the street to stop soil erosion. Rain and snow continue to erode the berm and wash mud into the street and gutter. 3. Engineering Standards/Property Value -Part of the benefit of living in a great city like Dubuque is that there are engineering standards that guide residential development so that neighborhoods all conform to certain safety, environmental, and aesthetic guidelines, which ultimately increase the property values of our homes. The engineering department has stated that Millstone Dr. ending in a "dead end" does not conform to these city standards. For instance a new sub-division with a "dead end" street configuration would never be approved by the city engineering department. In June of 2009 the city instructed "Westside Development" to tear down the earthen berm and install the cul-de-sac in cooperation with the previous land owner. "Westside Development" partially tore down the berm, but terminated the project before completion based upon a petition circulated in the neighborhood which we feel misrepresented the purpose of the work being done. The petition stated the following: "The families of Harvest View estates wish not to have an easement at the end of Millstone Drive, nor any other tie in to Northwest Arterial. We wish to keep the subdivision as private as possible. The undersigned request that no easement be put in, but rather have Platinum Realty re-build and landscape the hill at the top of Millstone Drive. " Based on my limited discussion with neighbors they had no idea their signatures were being used to stop construction of the cul-de-sac, which many are in favor of for the reasons cited above. Most neighbors felt that the petition was intended to be a message that they did not want to allow Northwest Arterial traffic into our neighborhood. My wife and I agree wholeheartedly with our fellow neighbors that access to the Northwest Arterial should not be granted to the Harvest View Estates sub-division, but to lump the easement necessary for the cul-de-sac with the Arterial access issue is a gross misrepresentation. At no time, has any plat shown access between the subdivision and the Northwest Arterial. We request that the City of Dubuque protect the safety of its citizens, the environment, and continue to follow the engineering standards which make this a great place to live, work, and raise a family. Please instruct "Westside Development" in conjunction with the previous land owner of Harvest View Estates to finish the cul-de-sac at the north end of Millstone Dr. When we purchased our home, the plats showed plans for keeping the subdivision private by including safe turnarounds in the form of a cul-de-sac, and we feel that the City of Dubuque and "Westside Development" need to consider the safety of the children in our neighborhood. We thank you for your time and for your reference we have attached current pictures of Millstone Dr. from our property looking towards the north. If you would like to discuss this issue, please feel free to contact us at 563-585-1548. Sincerely, Steven J. Mai Jennifer A. Mai 2592 Hilton Springs Dr. Dubuque, IA 52002 ~- I f tNAE, p1.~,T flt= HARVEST VIEW ESTATES SIXTH ADDiTiONT a5 GOWi+RISED OF LOT 1 OF 36 pF HARVEST vlEW ESTATES RiTA1 ADEKTtON. IN THE CfTY Of O119U0UE, IOWA. rT _,a ..~ •+M.ft M!i T ~ Cf A .^1CiAt,~ ~ ~ to l QQ• ~~ ' GM . O tj..p,T. -~ une d FINAL PLAT pF NAFZV£ST VIEW ESTATES t.v~~, ......~.~_. v ,~~ Q ,~~ ~I • .....~ • .~,_-..~.... u~T { ~~ ) ~~ Q •A ~H- t~ +. gar w+. w, m a.. aaot.uc • '"~ ~tAgpTS ~s w Tecr w ors , .1 - 16 RAT ITOT M+x ~ gMK10R'i sog7YlC w q/I~tF C'0/~Y LMT 11~tT 17pYtJlyt {~ypApy~ ~~~ M[, t1 K ar ~o rw s+ri wr rhx !s r- art: wR cortxx.,~~, R~i•etD ~ Moo- ascsr sup ~ uoio an~.~ ooa.e+T ,p ;+a0 MhB MV~lO AID pl[ ~tt.-hA 94+R'KY pqK tsK A+"1• ~~ti ~ ~ a< 4M~ iM d~ECt ~~1L ~~" WD WIT 1 .W /1 OIlT t1CTwpp iM10 ui bN L NMR S! ~ W~ 'pC StF1C Y OM. ~~ 76 y r ~' ~~JG~7 T+ i~'M.~N'~~ MHYVI' 1p--6 {Q~~ +~' aJ~ +KeE+at e~nC a atcP.wde a. aaa ~ ^RCv490nS ARA1M+ YY ~~~ ~ 38 . .. .. .. .. .. .. .. .. .. I~tSTRUMENT N0. 2005-2305, filed February 17, 2005. cPAR~ EtY' LAWR~N^E A BOY£P LS 9761 WHKS de CO., 47D'GENTRAL AVE73UE. UUBVUUE, IOWA SLat7T (oo3 )Jnl-J4n1 PLAT t7F SURVtI' ~ LOT t AND LOT 2 OF LOT 36 OF HARVEST VIEW ESTATES FIFTH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE C©UNTY, IOWA SCALE IN FEET ?' '• 100` ~~ r'"~ i ~,. ~n ~ o so :oo x~ ^ ~ ~~p2 P s•",'~ ~~~ I I ~ ~.y s ,~,m fY., ~~ i I ~ `T' ,a ~ ' f ~ j` ~~a'`~ j usnvrrr 1~ 1 ! ~~ ~! r ~I a `~ :-11 a1~ :J I { r , s I I l I~I ~ ~Tr; ... t:1 ~ .;:~ I I ;-i T"' • r 1 ~ ~I II =-I s ~1 ~ ~ ~ ~ i t''J `` ~ '`~ T._ ~ ~.ti f. ~ 1 I x~ i I ' TJ. y T Y~ V. r ~ ~ A.••f ~ I ;h ~ T-- .n glib /Yi $ tooar-j '~ ~3 1:, ,~ ~~ a -i ,.. », n ~, ~ ~ a LOT 1 OF LOT 36 LaT sfi ~,,,N~,ai~,Y ~---"` -' 4/l ttf .;. r _ ~ ~ N` Cl ~ Gf iii ` ~ 10C SOYW+tY lIGLK~T fAtilOi[ -t ~, ` ~ hi. tb tr. ~vJ if. ~~ A '11 C ~~ ~ ' ,~A4 / . ' 1. LOT !~3 ~ m - -# RS SLY t7Na IaT ]a 1QSDtl-- L77AiLT ~.~ ~ .y ~~ON ~ ~ _^ . ,a ,... N ~raYfr c ~~' - ~ . / t W unutt rAw+ar~ Q :2; . ny ~---».-. ,,.--T~ +--...P LOT 71 4 L6T 1d I Vii ~` + tai as LOT i[` `, lDt n LOT q ~ ~ ~ ]F m -.{ ~~' fA °1~ ( ~ '11 LQT 13 I LOT !1 ~. ~ 1~~ LECENa L`~~~ SURVEYED BDUNDARY LINE ' FOUND IRON T-BAR WI7H.CAP 9761 +' AREA SURVEYEB: SEf IRON T-HAR W1TN CAF 8781 a LOT 1 OF LOT 36 5.73 ACRES UTiL7TY EASEMENT '- --- LOT -0F OT 36 .1! ACRES WATER t.tA1N -EASE1~iENT -• -•- TO7AL AR 7.Si ACRES U7lLI7Y AND SGRFACE aRAINAC~ E,~sEMENT. TEM7'ORARY EASEMENT Survay Requaeted By; HARVEST DFVEi6PMEhT GROUP WHKS do CO. paJSar wrav.a irn x+na+on ptrCCIa11N:AKMN DOYU]-Wf W iOn Dl4oi 810. ~_ "ff dtn~tP~ ai.wp~Mdp, a~! IAai 1 am a dutY:l '~S li K t}H. Y~1 •~ $LOyIy tlf~~~l`O~1~G~.(~,-. A.: ,. i r ~l~n~ t C ~ t.awrona A. eyor f' ~ Ueonu~N1[e1Lon a7a4 ~. ~~` Poio of:Soniy. Fotsuary S, 1DOS ~*~ 1+1yUanr rm.xaY dote Ir Owm6ir Jt,. Zooa S}SOSG msrrW by thb s~oY. t and 2, of 4 . ~ SHE ~BEl ~ABST~A~T~~~'~' .~;; - .' IOWA ~~ f i l f i i i I i ) i n 132.