The URL can be used to link to this page

Millstone Drive_Rezoning RequestTHE CITY OF DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Millstone Drive DATE: October 15, 2009 Dubuque A1-Am~aCity .~~.~ 2007 City Engineer Gus Psihoyos is recommending that Westside Arterial Development, LLC be notified that if they have not submitted a rezoning request by November 2, 2009, for the property where the temporary Millstone Drive cul-de-sac is to be built, that they be ordered to install the temporary cul-de-sac prior to winter. If they apply for a rezoning, then the cul-de-sac construction could be delayed until the results of the rezoning request are known. I concur with the recommendation and respectfully request Mayor and City Council approval. 7 Michae C. Van Milligen MCVM:jh Attachment cc: Brian Kane, Esq. People who Signed Petition Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Ron Turner, Surveyor THE CITY OF Dubuque DUB E AN-AmeriCaCinl t Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: October 14, 2009 SUBJECT: Millstone Drive INTRODUCTION This is a follow-up memo regarding our conversations on the status of the construction of a temporary cul-de-sac at the north end of Millstone Drive and addressing the petition by concerned citizens as well as Brian Kane, attorney for Westside Arterial Development. The temporary cul-de-sac was not immediately constructed because Harvest Development Group, LLC sold the land to another developer, KZ Investments, LLC (KZ). KZ submitted a final plat and improvement plans showing Millstone Drive terminating on the presently undeveloped parcel. Prior to recording of the final plat, however, KZ sold the property to Westside Arterial Development, LLC (Westside Development) which also owned the parcel immediately west of the KZ parcel. Westside Development subsequently constructed a berm or hill over the area reserved for the temporary cul-de-sac. The City has been working with Westside Development and Harvest Development for over a year to complete the construction of the temporary cul-de-sac. DISCUSSION Engineering staff had conversations with three residents who signed the petition and noted there seemed to be some confusion or miscommunication about the reason, purpose, or effect of the construction of the cul-de-sac and the existing easement therefore. It seems the petitioners were mostly concerned about a possible future connection between the Northwest Arterial and Millstone Drive and not as concerned about the berm or temporary cul-de-sac. The residents that City staff spoke with were not aware that the future extension of Millstone Drive would only serve the property immediately to the north that is currently zoned residential. Even though the abutting commercial property to the west of the vacant residential property is owned by the same party (Westside Arterial Development), no street connection between the two properties has ever been shown on a plan submitted to the City. The removal or relocation of the berm to allow the construction of a temporary cul-de- sac has no relationship with any direct or indirect connection of Millstone Drive to the Northwest Arterial. It is Engineering's recommendations to City Council that the temporary cul-de-sac be constructed this construction season and that if Millstone Drive is not extended for residential development, that the temporary construction be modified into a permanent cul-de-sac with curbing and public sidewalk. RECOMMENDATION/SUMMARY Unless Westside Development applies for rezoning of the residential parcel by the deadline of November 2, 2009, the construction of the temporary cul-de-sac shall be completed in accordance with the approved plans no later than November 12, 2009. If rezoning of the residential area to commercial is approved, and a permanent turnaround other than the approved cul-de-sac is a condition of the rezoning, Engineering feels Westside Development should be responsible for the entire cost for construction of the cul-de-sac, and Harvest Development Group be relieved of any obligation for said construction. F:\USERS\Ischluet\GUS\MEMO\MVM Memos\2009 10-14-09 MVM Memo re Millstone Drive.doc THE CITY OF DuB E Masterpiece on the Mississippi Dubuque Engineering Department 50 West 13th Street ~~~~~~~ Dubuque, Iowa 52001-4805 Office (563) 589-4270 Fax (563) 589-4205 TTY (563) 690-6678 engineerC cityofdubuque.org 2007 www.cityofdubuque.org (Date) Mr. Brian Kane Attorney at Law Kane, Norby & Reddick, PC 2100 Asbury Road, Suite 2 Dubuque, IA 52001 RE: Millstone Drive Cul-De-Sac Dear Mr. Kane: Your letter dated September 23, 2009 to the Mayor and City Council was referred to staff after some discussion at the October 5 Council meeting. Engineering staff had conversations with three residents who signed the petition and noted there seemed to be some confusion or miscommunication about the reason, purpose, or effect of the construction of the cul-de-sac and the existing easement therefore. It seems the petitioners were mostly concerned about a possible future connection with the Northwest Arterial and Millstone Drive and not so much concerned about the berm or temporary cul-de-sac. The residents that City staff spoke with were not aware that the future extension of Millstone Drive would only serve the property immediately to the north that is currently zoned residential. Even though the abutting commercial property to the west of the vacant residential property is owned by the same party (Westside Arterial Development), no street connection between the two properties has ever been shown on a plan submitted to the City. Furthermore, the City does not anticipate nor would it recommend to City Council that Millstone Drive or any other street connecting thereto would have a connection to the Northwest Arterial. Service People Integrity Responsibility Innovation Teamwork Since the area just north of the Millstone Drive dead-end (Lot 1 of Lot 36 of Harvest View 5th Addition) is currently zoned residential, I am recommending to City Council that the temporary cul-de-sac be installed as per the approved plans. If the street is extended for residential development, the temporary cul-de-sac will be removed and the temporary easement will be terminated. If Lot 1 of 36 is rezoned to commercial, the temporary cul-de-sac shall be modified to permanent construction with appropriate curb and sidewalk. In either case, the berm may be reconstructed outside of the cul-de-sac easement or permanent right-of-way area. Unless Westside Development has applied for rezoning of the residential parcel by the deadline of November 2, 2009, the construction of the temporary cul-de-sac shall be completed in accordance with the approved plans no later than November 12, 2009. If you have any questions, please call me. Sincerely, Michael C. Van Milligen City Manager cc: Barry Lindahl, City Attorney Gus Psihoyos, City Engineer Don Vogt, Public Works Director Laura Carstens, Planning Services Manager Kyle Kritz, Associate Planner Jon Dienst, PE Ron Turner, PLS THE CTTY OF DuB E Masterpiece on the Mississippi Dubuque Engineering Department 50 West 13th Street All-America City Dubuque, Iowa 52001-4805 Office (563) 589-4270 I ~ ~ Fax (563) 589~I205 T"TY (563) 690-6678 engineer~cityofdubuque.org 2007 www.cityofdubuque.org (Date) {Petitioner Name) (Petitioner Address) (Petitioner Address) RE: Millstone Drive Cul-De-Sac Dear (Petitioner Name): This letter is being sent in response to a petition you signed concerning an easement at the end of Millstone Drive, atie-in to the Northwest Arterial, and a landscape berm at the top of Millstone Drive. As stated on the petition: "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." After visiting with some residents signing the petition, it seems that there may have been some confusion regarding a temporary cul-de-sac and the possible future extension of Millstone Drive. This correspondence will try to clarify the situation. The abutting commercial property to the west of the vacant residential property is owned by the same party (Westside Arterial Development). No street connection between the two properties has ever been shown on a plan submitted to the City. Furthermore, the City does not anticipate nor would it recommend to City Council that Millstone Drive or any other street connecting thereto would have a connection to the Northwest Arterial. Temporary cul-de-sacs are required at dead-ends when the extension of a street is anticipated in the future. A temporary easement is established for the temporary cul-de- sac which is terminated when the street extension is platted and recorded. In this Service People Integrity Responsibility Innovation Teamwork situation, a temporary cul-de-sac was shown on the improvement plans approved for Harvest View 5th Addition being developed by Harvest Development Group, LLC. The temporary cul-de-sac was not immediately constructed because Harvest Development Group, LLC sold the land to another developer, KZ Investments, LLC (KZ). KZ submitted a final plat and improvement plans showing Millstone Drive terminating on the presently undeveloped parcel. Prior to recording of the final plat, however, KZ sold the property to Westside Arterial Development, LLC (Westside Development) which also owned the parcel immediately west of the KZ parcel. Westside Development subsequently constructed a berm or hill over the area reserved for the temporary cul-de-sac. The City has been working with Westside Development and Harvest Development for over a year to complete the construction of the temporary cul-de-sac. The removal or relocation of the berm to allow the construction of a temporary cul-de- sac has no relationship with any direct or indirect connection of Millstone Drive to the Northwest Arterial. It is my recommendation to City Council that the temporary cul-de- sac be constructed this construction season and that if Millstone Drive is not extended for residential development, that the temporary construction be modified into a permanent cul-de-sac with curbing and public sidewalk. The City has notified Westside Development to construct the temporary cul-de-sac prior to November 12, 2009, or apply for rezoning of the parcel by the next deadline, which is November 2, 2009, for the December 2 Zoning Advisory Meeting. If you have questions on this issue, please call me. Sincerely, Michael C. Van Milligen City Manager cc: Barry Lindahl, City Attorney Gus Psihoyos, City Engineer Don Vogt, Public Works Director Laura Carstens, Planning Services Manager Kyle Kritz, Associate Planner Ron Turner, PLS Jon Dienst, PE F:\USERS\Ischluet\GUS\LETTERS\2009 10-08-09 Millstone Drive Petition Letter re Millstone Drive Cul-De-Sac.doc THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi October 7, 2009 TO: Michael C. Van Milligen, City Manager FROM: Jeanne F. Schneider, City Cler ~ ~ SUBJECT: City Council Referrals The City Council referred the following to the City Manager at their meeting of October 5, 2009: Westside Arterial Development, LLC Communication from Brian J. Kane, representing Westside Arterial Development, LLC, requesting that the City vacate and abandon a temporary roadway easement at the end of Millstone Drive. Comrunication from Steven J. and Jennifer A. Mai requesting that the temporary roadway easement at the end of Millstone Drive be maintained as a cul-de-sac. Suggested Disposition: Receive and File; Refer to the City Manager cc: Gus Psihoyos, City Engine Cindy Steinhauser, Assistant City Manager ~'cy ; ~i J~(/~ ~~~~ 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 ° C~ . r~ The Honorable Mayor Roy D. Buol ~ `~ ~ and Dubuque City Council ~ ~' rw ~ City Hall =. s~ ;- "' '~1 13U' and Central Avenue c~ «' ~ -~ Dubuque IA 52001 - ~ ~' - _ ~ L7 Re: Temporary Roadway Easement at the End of Millstone Drive ; m cn v' 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 adjacent 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 B7K:meh Enclosure cc: Mr. Barry A. Lindahl 38. INSTRUMENT N0. 2005-2305, filed February 17, 2005. j • 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' D w ,oo aoo 32 N~~H RZP~ ,~' N { ,J ~~ AI tJ t•t r^ TR ~ ~~ ' n; •~~ ~.~ t.l ~I6 • tJ1 w of ~ : n1 ;~ r<~ 5; i : ut :. iti e r11 .i to 7 ea fit Ta ~ J s ~~ I ~C ~ I ,~ Lor to ~ rn ua of '~~ ~ ( ~ ~ I ~~"° ~ ~t mmw to woc /p MIJi'f dS01Q0' I x' ---- ---r`. ---- n /n n~ '~ ' ` ~ LoT t< ~ Lor n a id' ` ~ t i LOT 76 LOT 11` LOT 12 LOT W I I ~ ~ LOT 47 I LOT 1Z ~ LOT 3i AREA SURVEYED: LOT 1 OF LOT 36 5.73 ACRES L.DT 2 OF LOT 36 2.11~ACR g TOT .g47 ACRES •i LEGEND SURVEYED BOUNDAR1f LINE ~~~ FOLMO IRON T-9AR WITH .CAP 9761 • SET IRON T-BAR WITH CAP 97@1 O UTILITY EASEMENT ----- WATER MAIN EASEMENT -•-•-•- UTILITY AND SURFACE _ _ _ DRAINAGE EASEMENr.~ TEMPORARY EASEMENT Survey Requaeted By: _+++,.uunp+,~~I 1 Awby aatlly that thl~ land wrwlinq doawmt rm pn HARVEST DEVELOPMENT GROUP +p LAND ~ ~ and 11u rQabd wrwy rant rao parformod by ao or ends • ~ ,++ dWa! pro al aaparvidan and Ihat I am o duly Ileamad ~• dar Ibo-ytMa~f fha Skb of bvw. WHKS ?~~ruWRENCE A~ ' ((///$;/ Je CO. 89781 ~ Larrona A Boyv / G ~.~ ~+ ,rj .` Lkanoo Nambor 9701 aiawraa Kra. we ~.+o.. '~y~~ ~IOWA~Y*~++++ My Ilw~w ranawdFdalaal~ Daoom6v 37. T000 ao ewluL .wn~t en-a~-ewi to~u uao~aot~ 4unu~Na Shalt eowrad by thla .ad: 7 and 4 of 4 E 17 H W ~~ . =~sr~ACr#~~~~ ~. ouau~, aWa ~ i ~, ~`. rte, .`:;: ~~ ~, .+~ . ,; ~`~ i ~~ ~ir•,+ -. .`~ v t 1 ~ •~ •~. \I ~ A 1 .. ;~ LOT 1 OF LOT 36 i y•~ i'~• •~•• .• ~• ~„ ,~, ~. ~,,,d ~~ d i ~~i . ~~ ~ i .i viii :I: ~, r I rri j ~ ut Tun" ff ~ ~ Q~ ,~ Ct =T i I ~~ i~~ : { ~ 3 tit ~ j • ~~ ~ ~I to ~ •-i r• ' ~ Ii m tip n„ , t °- 1D'aarj .I '1 iii I I ••~ LOT 2 OF ~ P~"_: LOT 36 _°~°"°'"""" 1511WQiT~ • o----- ~ ; ;' ~ L7 ``: ~ "{ i~ .~ .~...~....~.... ~.. / • y .•1: ~ ~ • ~`~~• 27 ,~. t O 4 132. The families flf 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 hits at the top of Millstone Drive. `~~ 1 ~+ ~ ~~~ r~~r~a. ~ i-~ r? Y'~'r~ ti9 Q cS 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. 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 Joseph P. Kane All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin October 5, 2009 The Honorable Mayor Roy D. Buol and Dubuque City Council City Hall 13 `n and Central Avenue Dubuque IA 52001 Of Counsel: Gary K. Norby Phone: (563) 582-7980 Facsimile: (563} 582-5312 E-mail: bkane@kanenorbylaw.com Re: Temporary Roadway Easement at the End of Millstone Drive Honorable Mayor and Members of the City Council: This follows up our letter to you of September 23, 2009 and is intended to supplement our prior comments. Enclosed please find a copy of Final Plat filed as Instrument No. 5211-04. It was pursuant to this plat that the temporary easement was created. Note on page 4 of the plat that the "temporary roadway easement in Lot 36 is to be terminated a$er extension of Millstone Drive beyond easement." Thus, the easement was intended to be temporary until extension of Millstone Drive. Our client, Westside Arterial Development, LLC, acquired this property for commercial, not residential development, and recognized a zoning change would be necessary. In fact, a rezoning was started once, but abandoned waiting for the right project. Undoubtedly, if the property was ever rezoned, there would need to be screening for the neighborhood. When instructed to remove the berm by the City, the Developer commenced the removal. It was then that our client was presented with a neighborhood petition requesting Developer cease and desist. The petition was drafted by the person owning Lot 35 of Harvest View Estates. (As an aside, the berm was seeded at the time of its creation; any erosion or run-off occurred after Developer commenced removing the berm). Attachment No. 1 to the letter to the City Council dated September 28, 2009 written by Mr. Steven J. Mai and Ms. Jennifer A. Mai (copy enclosed) details the extension of Millstone Drive that Mr. and Mrs. Mai claim was contemplated at the time they purchased their lot. Note that, under this KANE, NORBY & REDDICK, P.C. October 5, 2009 Page 2 proposed plat, access extended all the way to the Northwest Arterial. The position of Mr. and Mrs. Mai appears to be that the temporary cul-de-sac be turned into a "permanent" cul-de-sac. This is not contemplated by the plat. The cul-de-sac would exist only until Millstone Drive was extended. Further, this "temporary" cul-de-sac interferes with the commercial development of the property. The commercial development of the property will not include access to the neighborhood and will be screened from the neighborhood. But this temporary cul-de-sac interferes with the commercial development. This is the present conundrum. Mr. and Mrs. Mai should not have it both ways. They do not want access to the Arterial as presented when they purchased the property, but they want the temporary cul-de-sac to be permanent. If you have any questions, please do not hesitate to contact us. Thank you. Best regards, KANE, NORBY & REDDICK, P.C. By Brian ane BJK:meh Enclosures ~_ 5A.1~-04 • 5211-a4 2004 APR - I PN 3~ 50 KICOUNTY REGOR(IER YI DUBUQUE CO.. {OYIk FEES t~ •7~-"`-' FINAL PLAT HARVEST VIEW ESTATES FIFTH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA .- „•-• 32 ~ ~. wP~ ~ (. ~,~ Nl R'CE~1a ~'„ I I ~ I ~ N I °r~ ~ I •` §~ ~` o f X'T ~ t, ~ ,~ - }• I I SCALE IN FEET 1" 200' mmxc m e,nm---~ r"-'~~ c: a; r ~ ~ lU1N rwSiuon I ~~ ny; _~ ". C: ~ ,. 5~ ~ • I D 100 200 400 tes ta, _`_ 0 NOTE: SEE SHEETS 2, 3 AND 4 OF 5 FOR LDT DETAILS t ~:;:. ~: Survey Requested By: HARVEST DEVELOPMENT GROUP WHKS & t:o. [NWNCENa PI/JeRRa 1/110 91RJfl'eRS ~.c• AREA SURVEYED Y• 1 0 ~' L0i 2D TOTAL AREA SURVEYED 20.93 ACRES ~ 40T 3D BASIS OF BEARING SHOWN HEREON ~•~'s 4 r r -t IS BASED ON THE OUDUOUE AREA G[S ~:. so.sr ;•. i1. , -71 ~~~ LEGEND ~_; SURVEYED BOUNDARY LINE ~,` FOUND IRON T-BAR WITH CAP 9761 ~ SET IRON T-8AR WITH CAP 9761 0 UTILi'FY EASEMENT - - -- - - WATER MAIN EASEMENT -'-''-'- TEMPORARY EASEMENT --•---°-•--- ~~aaa~st f,NO ra~~4~ and rlhe nlotlad alurvey lrork wos rperinortnede by ma or u da my ~•,.••••••.,~~~ dkeei sond auperhslon and thol 1 em a duly lieanaed land ., FL•~. rv under the laws of the Stole o! Iowa. 'LAWRENCE A. 130YER Lcwrenee a eo Dote '••, 9761 .:' Ucenae Number 976 ,k •.,,, ,,,: • * ~~.~ Dote of Survey : December 26, 2003 "rrrsas~i.iliasaa~,` Sheeta neove ad by lhlaa sad: lc throe S3ot 5004 SHEEP i OF 5 .yc 2 oC 1]1 PREPARED BY: LAWRENCE A. BOYER L.S. 9761 WHKS & CO. 470 CENTRAL AVENUE DUBUQUE IOWA 52001 563 582-5461 HARVEST VIEW ESTATES FIFTH ADDITION DETAIL SHEEP 2 OF 5 ydz ` ~ 5 ~; „ I., °~ 4 ~ LOT 36 SNP ~ DF 5 vi r ~ u ^' ~~~ - IOa IExPoMRY OOi10 EASELL[M Q .-. ~,• • ` 1 SN~~ ]. -~ w ~ SEE NO1E SNEE7 f Yl ^ t, w y+' 1'A' 19d , 1 1 iii y, _ 7 ~ t tnanaJ - s6wd~'F ~ ~ ~' I ~ ; i " ` SHEEP ] OF 5 r, "J 1~ t ~ ~ } 1 ~~ ~' ~ [ASIIE~+r j ~ 1 / ~"`+ MATCH x er3s•le• E sse5s• / ,9 1 ` L1 N E t r - -137.30'_ - . soAa - -9e.7e'T -e7.7e'- ,, e_„I6 ~ LOT 14 ~ j 1 ~) ;iT :. 1 SHEET 2 OF 5 , e ! 1. ~~ ~ z z ~ ~ ~/ 1 ; .. : ~~ \ _ LOT 35 4 ~~ y ~// , 1 N. o $ I~•~\~ r"i~~LOT 12rwL0T 13 ~ J~ '~}~~c I I ~_~~~ ~ n Y y ' N e7'SS10' E Y ``L~ 1 1 1~ `i * 11.7Y•.r.., v/ ~? 1~\ ~, t;, ,.~~ uear ^ f 'ti'p elee' / aununt$ K ~ -, In -• J ;i "'^13.71' If. [ASENENr, 1 ~ ~ ~ r{' LOT 34 ~ ~ ~ ' ~. ~ ~~ ' I S -° ~ x er3r1 E zlz.es a-.o~ ` { ag4LOT 151 { ~ 1. «T 1.. ~; Ir~ro• m,un 4 ~ ~ ~ HILTON !' ` > 1 1' - - - - J {„ ' - ' [wS[N[Nr L r 1 $ s er33'lo• w ~ aofAa 'C i r N srsrlo• [I -.-- ~ ~I i ~-'-1{osr- ~ 1zz.ar ez.aa~ \ ~ ::...titlltzsr 1 1 LY ~ w• z •-la.~l• ~\la un0+r„ ~~ t I I Z g 1 ~ LOT 33 ~` ~ ' g LOT 10 ~ [~O'E"` m ~ ;~ LOT 16 1 ~ i `-'" ' :. ~ °_ t--zo.aa ~ 4 4 1a unun~ \ LOT 1 1 1 , I :. ' s ersYla' w ~ EASEUUrt loco' ` y $ s er3ylo• x ! s er3rlo• x( x e7•SSIw c 'D IS:AO' 1 ;~. I 1 u7ar 9p ~ IS7.ar Is7.ar ~ 7a anon 7e-l 1 ~ ~ ! I 70.00• . warKC MA1wAE ! ~ 1 „ o , ~ y T 4LOT 9 ~ `~~ •+ 1 LOT 2~ ~' ~ ~ vsExExr 1 ~ a tt =;~ j ~D y o , LOT 32 ~ \ I .t ~ LOT 17,, - •• • ~ ~ 1 s er33.1o• w g ! ~ L ~ 1 $ I ~ ^L ~ ~ s er33•la w ' a 1 143.7J' 6 P 5 eT33'1C w h ~ ~ 137.00' 1 n I ` \ / tzar 1 1 \ ` 20.Oa' ' ,NG suuuiee g i LOT 31 ~ 1 lo.aa 7 132. ~ 1 e 1 -... , ~: OsuNrc[ rASwE7rt $ ~'~ „` r '^ `I~'z°• unurr ° o LOT l 8 1 ' - i ~ ` '" LOT 8 ~ 1 t [SOws"rE~r°RU"~= ~ ~ 1 ~ ' xool~--• 1 LOT 30zo.0ar;; ~j ~ ' ~ I LOT 3 v R ~ N er3r/0' E $ ~ • y N 6773'fa' [\ I , ~ ~ Iszaa 1 ~ ; ; -•i , S e7'JS'ta w 145.eC ~ ISZar 1 1 •S^ __. µ 1 M liw[ w ~ (~ . , I S e7.3]'10• x w m I~ A nE1n fASEY[NI •-_ ~i wax w[u[ra „ Z ..3 , " 1 m ' - ~ , nz.ar a LOT 19 1 1 -°, i LOT 29 ~ ~~ Zvi LOT 7 ~ m 1 LOT 4 ~ sue' ~ i i •-,. • •• e • iri "' n C ' x er3slo• E ) ~ 1 g , - s a7•srla w • r+ S' -1 W I NY.10' . ~ S s er3]'1C w - , ~ ; ~+ ISZar t 1 ': 0; ~ ~ 1 71ss•;::`. ~i ~ Is7.ar !~, ~' za suwEA[E ~ LOT 20 1 __ :r , ~ ::,.14.es IIAe`:::• OIWNIWE ~ ~` --i a' ~~ s ~ 1 LOT 28 _.~ ~ ~ 1 za unlm~ EASEwrt ,~ 1a anon ' - j'ri ni - 1 ( u FASENENE ^ r : $ FASE.NlE•N7T 1 8 'y'~ :. •• , _ g X i ! ~ ' .. ~ ; > •' LOT 6 ~rq~ ` ~ (~~ ~sx3ySiq'wl.., ~§,' •- -~ 1 ~I f~ rO'9s ~y •"S~f.ar ~ ~,•b~e`w ~ 1 1 e5 a~ 7 ~ ~ 4 e „+ ,, O ,~ ~ e~ LOT 2 t $ ~. ~{ i 1 <~~ 1 LO'~' 27 ~ Rj` b„ LOT 5 .°5 ~ + p'R IXISIINC 7a UIIUT y. I h R •... • ._ .. to anon r . `"°'~ wm d1eyAG[ I •n~o ~ EASFNENr ~ • . ~` ~. '~ ,4,•• j5 0~ N~OE 6lsEN[Nr~ ~ ~_ ,1 b r~2 h•t ~ "~ ~i"(T '1~'qt' des. ea =~f,~+^~'~7 ~ , ",o„ ll• I f(z~~~o tj.\ ~ ~ !r 1s7+ y d" an +~. r ;F- ~• •h i'•, LOT 22 '~• f ; ~ , ~° yV,~ `: LOT 26 a "ss , `' 0p' a, r .?' r f '•'c , ~ anti b,y~~i.••:~;.. oppo~a aq r ~'r ~ ~J7A• rge,4 r r ~ `.` ~T0' ~ 5`' "SLOT 25 `• `+fe~' a=ay ~ ~' :r, ~k'~'c'Ko a~`~`a %,,77~~~`` LOT 24 rq~ ,.p y .... • •''•' •• er,Jw `Ar Qom, M rye •'S SS•01'f7•,Ei ;; f. • ~j ~•` [ilTCllElir ~.- /~ 10.7C •• r Lv i ? i; g ~~' _r~i ,,LOT 23 'I'• `:r4•r. a1snN~ ` ,•~` /•~'3 '~ SCALE, IN FEEF 1" 100' • xnun ~ •y FASE3IENY BASIS OF BEARING SHOYI'N HEREON ~ ~ 1 `~ ~' Survey RBgUested By: IS BASED ON THE DUBl10UE ARFA GIS 1 .. O 50 100 200 HARVEST DEVELOPMENT GROUP `-{'T •••- LEGEND SURVEYED BOUNDARY LINE ~~ WHKS & CO. SET IRONOT-BAR WITHt CPP 9761 67 O UTILITY EASEMENT - - - - - n+mN¢ns yuwrmrs IsxO slesmes UTILITY AND SURFACE. DRAINAGE EASEMENT ---------- SURFACE DRAINAGE EASEMENT - - QO CFNIfML AVENUE 603-eel-e4e1 WWOV[. IaeA s7001-7oz4 TENPORARY EASEMENT - - OJE :6010.22 SHEET 2 OF 5 Icgc J s[ 1!1 ?REPARED BY: LAWRENCE A. BOYER L.S. 9761 WHKS de CO. 470 CENTRAL AVENUE. DUBUQUE IOWA bzuut 50~ 0o~-o4a1 HARVEST VIEW ESTATES FIFTH ADDITION DETAIL SHEET 3 OF 5 SCALE 1N FEET 1` = 100' 0 50 100 200 i i. ~,~ ~• ,. i ' its ~•~~ ~yp~t 32 ~ r ~ . li ~ NZG ~~R1p~'of wy'~}1 ~ I ~ PRIM ~ES~ ~R`~„u~~~~ f 6~6$ ~~ l`*~s i i KO~^ ~0~~~ +~P 64 ~`1S ~`t~~~,~g~ I 1 f F'~`" I H if zj ' I ~.i ~ sl I ,eyl Q1 K .., ,a~x,EOEMm,uTr >;I ~ ~~ ~m ? gj I FI 5 ~j jai ~:{ I j i I t. "' i I I ~~~ _ MAIN ~EASEMENfA~~\ I I I ~gs T~` ~ ,<< ,ooo~ ~ 1 1 . ~-+ Y day 1 -' ,~~YV I ~ I _ •- - .. LOT 36 ~; ~ '1 I WPi~R MAIN EASEMENT _ 'i 1 ! ` :ll . ~ ; _ ~ MATCH SHEET 3 OF 5 ,. R nr~i•, LI E SHEET 2 OF 5 r - -'!'''d- - 1~~ ld MIOE dllUl't iiT t :- 1 E . . 35 I LOT ..._.. 1:. ~.. .... ... . roar . . ~ 1;,71• l` Y 1 ' UTIIftY EgSEMENf_ < - 1-1 1 ' .r r v .` 11 ~ - LOS <Yt, ~ ~~ `7 - ~ `~ ON P ~:., cv; ~ OF L Z ~4ti t • `J• 1 ....N 66M AS Yl ` ' 1 ~ •, . - ~S f• loo' 7EMFORIWY ROM EASU1ENf ~~` Y ~ itt ~ ~-1 -• SEE NOTE 6HEET ~ -•• / ~ ~ _ ~U i IU , T assir v' ...... '• ~°~3~ ' usutExrumtn ~3`` I Dodd _ -90.tB~ -aG.lY~ y :,x•16 ~ LOT 14 I LGT 11 LOT 13 I LOT 12 LOT 11 ~ LEGEND Survey Requested 8y: HARVEST DEVELOPMENT GROUP SURVEYED BOUNDARY LINE FOUND IRON T-BAR WITH CAP 9761 • SET IRON T-BAR WITH CAP 9761 0 UTILITY EASEMENT - - - - - WATER MAiN EASEMENT -'-'-'- UTILITY AND SURFACE - - - DRAINAGE EASEMENT TEMPORARY EASEMENT -•----••---•-- SHEET 3 OF 5 e__,. „_,.,, +r~~„ ,~....s.e~ Donn-nnnn~~i~ "y"~oru~ BOYER L.S. 9761 WHKS ~ CO., 470 CENTRAL AytNUt, uueuout, 1uwA ~: HARVEST VIEW ESTATES FIFTH ADDITION DETAIL SHEET 4 OF 5 NOTE: LOTS A AND B ARE FOR PUBLIC STREET USE. LOT 36 IS FOR FUTURE DEVELOPMENT. TEMPORARY ROADWAY EASEMENT IN LOT 36 IS TO BE TERMINATED AFTER EXTENSION OF MILLSTONE DRIVE BEYOND EASEMENT. LOT 30 IS SUBJECT TO PUBLIC WATER MAIN EASEMENT. AREA TABLE 1107 23 1 11280 I Survey Requested By: HARVEST DEVELOPMENT GROUP CURVE TABLE CURVE SU8 CURVE CENLRAL ANCLE RADIUS ARC CHORD CHORD BEARING C-1 57'34'59" 170.Oa 159.98' 1 S' 9.14'19' W LOT B 1 9 170.00' 87' N 13'04'09 w 27 28 4 8 170.00' B 83.91' S~ 3 '88'43 E 0 170.00' 11.1 15.17' S 54 DB 52 E C-2 53'J4'S8' 120.00' 712.22' 108.18' N 19.1419" W C-3 90'00'00' 10,00' 15.71' 14.14' S 7838'13" W C-4 90'00'0 10.00' 15.71' 14.14 S 11'0147" E C-5 38'25'02` 170,Od tOBAY 106.24' N 15'43'41` E LOi 21 77.05'34' 170.00' 50.7 50.53' N 23'25'25" E LOT 10 19'19'28' 170.00' 57.34' 57.OJ' N 07.12'34" E C-6 36'25'OY 120.Od 78.27' 74.99' S 15.45'41" W C-7 90.00'00' 50.00' 78.54 70.71' N 47'26'50' W C-8 41.2i'JS' SO.Dd 36.14' 35.38' S 18.15'28" W C-9 172'49'09' 60.Od 15041' 99.80' N 47.28'50° W LOT 16 1 '014Y 50.Oa 13.11' 13.08' S 31.26'54' W LOi'15 70.13'49" SO.Oa 87.46' 57.96' N 11.16'32" W LOT 14 70.25'49" 50.Od 61.46' 57.66' N 81.42'41° W Lai 13 1633'48" 30.00' 14.77' 74.72' N 54 6'30" E C-10 41.24'35" 50.00' 39.14' 35.39' S 99'30'3!" W C-11 00"00'00' t0.0a 15.71' 74.14' N 47.28'50' W C-12 9oroa0a' tO.Od 15.71' 74.74' 6 42'33'10` W STREETS OESCR[PIION STREET NAME SOVARE FEET LQT A .L• 54399 [LOT 8 HILTON SPR1N_GS DRIVE _ _ 49540 TOTAL AREA SURVEYED 20.93 ACRES 4 IV~go 5 of 1]) HARVEST VIEW ESTATES FIFTH ADDITION IN THE CITY OF DUBUQUE, IOWA SURVEYOR'S CERTIFICATE I, Lawrence A. Boyer, a duly Licensed Land Surveyor authorized to practice in the State of Iowa, do hereby certify that at the instance and request of HARVEST DEVELOPMENT GROUP, L.L.C., an Iowa limited liability company, Martin J. McNamar, Secretary and Treasurer, I surveyed the following described tract of real estate located in the City of Dubuque, Dubuque County, Iowa, 7o Wit: Lot 13 of HARVEST VIEW ESTATES FOURTH ADDITION in the City of Dubuque, Dubuque County, Iowa. for the purpose of subdividing and platting said real estate, henceforth to be known as Lots 1 through 36, inclusive, and Lots A and B of HARVEST VIEW ESTATES FIFTH ADDITION in the City of Dubuque, Iowa, the plat of which is attached hereto and made a part of this certificate; that the said real estate was surveyed by me in December 2003, and staked out and platted into lots and streets as shown on said plat; that said plat sets forth the boundaries thereof, the lines of the streets and widths and names thereof, and the size and dimensions of a{I lots in accordance with sold survey; that the corners of ell lots are marked or are to be marked prior to January 1, 2005, with iron T-bar monuments and caps bearing the number 9761, and all dimensions on said plat are shown in feet and decimals thereof. . IN WITNESS THEREOF {have hereunto signed my name and affixed my seal this _~ day of February, 2004. WHKS ~ co. LAS a '~ 8781 .~ Q r~~,aOWAe~o~~°°~ La ence A. Boyer Licensed Land Survey r No. 9761 470 Central Avenue Dubuque, IA 52001-7024 My license renewal date is December 31, 2004 Proprietor: HARVEST DEVELOPMENT GROUP, L.L.C. Sheet 5 of 5 Project 6010.22 n....v n,.... a: i,, v....a.e.. nnnn~nnnng9~ t aga 6 of 13) HARVEST VIEW ESTATES FIFTH ADDITION IN THE CITY OF DUBUQUE, IOWA DUBUQUE, IOWA ~ 6 rGfCl rL/ 9 , 2004 The foregoing plat of the subdivision of HARVEST VIEW ESTATES FIFTH ADDITION in the City of Dubuque, Dubuque County, Iowa and the foregoing survey of Lot 13 of HARVEST VIEW ESTATES FOURTH ADDITION in the City of Dubuque, Dubuque County, Iowa. and which will hereafter be known at Lots 1 through 36, inclusive, and Lots A and 8 of HARVEST VIEW ESTATES FIFTH ADDITION in the City of Dubuque, Dubuque County, Iowa, and as appears on said plat, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate and hereby dedicates Lots A and B and all easements as shown to the public. HARVEST DEVELOPMENT GROUP, L.L.C. ay. ~, Martin J. McNamer Secretary and Treasurer NOTARY CERTIFICATE STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this ~~ day of Fa h rua --y , 2004, before me, a notary public in and for the State of Iowa, personally appeared Martin J. McNamer, to me personally known, who being by me duly sworn did say tha! person is Secretary and Treasurer of said Iimfted liability company and that said instrument was signed on behalf of the said limited liability company by authority of its members and the said Martin J. McNamer acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. ~ ~ ~~~~ Notary Public in for State of Iowa My commission expires: ~~ * Lac ~Rr~c. NpgeY an * MYCpNU^br~f serreMe~ fa ..__,. ,,..~ ....,., .......,,.... nnnn _nnnn~o„ IYaga ~ a[ 19) HARVEST VIEW ESTATES FIFTH ADDITION IN THE CITY OF DUBUQUE, IOWA ATTORNEY DUBUQUE, IOWA TO WHOM IT MAY CONCERN February 9 , 2004 This will certify that I have examined the Abstract of Tltle covering the real estate platted on the foregoing plat of subdivision of HARVEST VIEW ESTATES FIFTH ADDITION in the Ciiy of Dubuque, Dubuque County, Iowa, according to the recorded plats thereof covering the period from Government Entry to Januar 29, 2004 at 8:00 a.m. certified on that date by Abeln Abstract S T t e ompany and find that said Abstract shows good and merchantable title to said real estate in Harvest Development Group, L.L.C. free and clear of all liens and encumbrances and shows taxes paid including taxes for the year 1/1102 - 6/30/03 KANE, NOS & REDDICK, P.C. i B Attorney at Gary K. Nor COUNTY TREASURER DUBUQUE, IOWA ,~ a n : ~ ' , 2004 1, the undersigned, f ~.~~ ~: ~r ~, a .. ,Treasurer of Dubuque County, Iowa, do hereby certffy that ail taxes and special assessments levied against . .~Wngh~ave been paid and said real estate is free and clear of all taxes as of this date. ~"„ W ~ M ., • 1. ~~''' _'. p]'v "~' ~ `'~);.~`---~'" , ~ ^ ~ Eric 5tierman ~, ~. , t'. ; ~-~;.': County Treasurer for Dubuque County, Iowa ~k4~ ....ti• ~.~ ,~'~ 1~'9"t„i~.. of ~aqa a of 13) HARVEST VIEW ESTATES FIFTH ADDITION IN THE CRY OF DUBUQUE, IOWA PLANNING SERVICES DUBUQUE, IOWA 1~1~ oJCr` i , 2004 The foregoing plat of HARVEST VIEW ESTATES FIFTH ADDITION in the Ciiy of Dubuque, Dubuque County, Iowa, or within the two mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Clty Ordinances, and said approval has been endorsed herein on the date first written above. ~__~~ Planning Services Division City of Dubuque, Iowa City Planner CITY COUNCIL DUBUQUE, IOWA ~ !'i'/f~ ~ , 2004 The Dubuque City Council of the City of Dubuque, Iowa does hereby certify that the foregoing plat of the subdivision of HARVEST VIEW ESTATES FIFTH ADDITION in the City of Dubuque, Dubuque County, Iowa s beery filed in the office of the Clerk of the City of Dubuque, that by Resolutiojj ~Jo. '~ 3' ,the Dubuque City Council approved said plat. ~ ... ~~: ~~ ~ , A ~.: ~;~ ~ ..,- _. ~~n.~, . ~ ~ ;~ ' Terrance M. Duggan, Mayo City of Dubuque, Iowa eanne F. Schneider, City Clerk City of Dubuque, Iowa n....b nn..e rtt o v..mr,ar manna-nnnna~~ y (Page 9 of 37) HARVEST VIEW ESTATES FIFTH ADDITION IN THE CITY OF DUBUQUE, IOWA COUNTY AUDITOR DUBUQUE, IOWA , 2004 , The foregoing plat was en red of record in the office of the Dubuque County Auditor this _ ID day of _, , 2004. SE A''~~~•~.. • •.o L~ ~. n ;`~, r. ~• ~~0`fE~ •''~~ . ``..- .. DUBUQUE, IOWA Denise M. Dolan Auditor f D~Cowa COUNTY RECORDER ~,~~f~ ~ , 2004 The foregoing plat of HARVEST VIEW ESTATES FIFTH ADDITION in the City of Dubuque, Dubuque County, Iowa has been reviewed by the Dubuque County Recorder. .,,,• ~ . ` y~ '~~~ ~ a by FI nn u low • Recorder o Dubuque ounty, Iowa ~. ~ ~ . ~~.. • _ ~,. . '~. ASSESSOR DUBUQUE, IOWA T - ~ , 2004 The~aregoing plat w s entered of record in the office of the Dubuque CI1y Assessor this ~_ day of ~~- 0 , 2004. Richard Engelken Assessor of the City of Dubuque, Iowa o_..e n__.. e~+,.. ~.._,,.._ ~nnn_nnnnso~+ ?age 10 of 13) Prepared by: Laura Carstens. Cay Planner Address: f ~itv Hall. 5D W. i 3th Street Telephone: ,~89-4210 RESOLUTION N0. 89 - 04 A RESOLUTION APPROVING THE FINAL PLAT OF HARVEST VIEW ESTATES FIFTH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Harvest View Estates Fifth Addition, in the City of Dubuque, Iowa; and . Whereas, upon said final plat appears streets to be known as Millstone Drive (Lot A) and Hilton Spring Drive (Lot B) together with certain public utility easements, which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides 20 feet of lot frontage and 2,910 square feet of for area for Lot 30, where 50 feet and 5,000 square feet, respectively, are required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted ~in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Millstone Drive (Lot A) and Hilton Spring Drive (Lot B), together with the easements for public utilities and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 30 to have 20 feet of lot frontage and 2,910 square feet of lot area, where 50 feet and 5,000 square feet are required, respectively. Book , Page , File Nwnber 2004-00005211 (Page 11 0£ 13) f~esolution No. - 04 ' Page 2 Section 2. That Section 42-19{b) of the Subdivision Regulations is waived to a{low Lot 30 to have 20 feet of lot frontage and 2,910 square feet of lot area, where 50 feet and 5,000 square feet are required, respectively. Section 3. That the f+nal plat of Harvest View Estates Fifth Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Millstone Drive (Lot A) and Hilton Spring Drive (Lot B) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install water mains and water service laterals into each individual lot, sanitary sewer mains and sewer surface laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the Gity of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (d) To maintain the public improvements, for a period of two {2) years from the date of the acceptance of these improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Harvest Development Group, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of--way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant Ivts shat! have sidewalks installed upon development of 80% of the lots approved by the plat. Hook , Page , File Nt~ber 2004-00005211 ?age 12 of 13) Resolution No. - 04 ' Page 3 Section 5. The developer will maintain the detention facility constructed as part of Harvest View Estates First Addition until it has been fully completed and 80% ofi the surn of the platted lots in the entire Harvest View Estates Subdivision are fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot A Harvest View Estates First Addition) shall be assessed against the lot owners of all additions in Harvest View Estates as indicated in the preliminary plat, in aqua{ amounts, and 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 6. That the final acceptance of all public improvements shall occur upon certification ofi the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 7. That in the event Harvest Development Group faits to execute the acceptance and furnish the guarantees provided in Section 3 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 7 st Attest: ,~ eanne F. Schneider, City Clerk Book Page File Ntaobar 2004-00005211 day of March 2004. (page 13 of 13) CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 89-04 is a correct copy of the original Resolution No. 88-04 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 1St day of March, 2004. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 2"d day of March, 2004. ~~,. .. ~ „ •, < ~~ ' ~- << ~' ~,~ } . .3 ~ ~~ ~ a • • F ~~~~'.~ , • ` ~ ,, fit. M 1~ .H~• ~1.. ~ ~~~j4:. 1 ~` .. f ~ 1 ~ ~ ' ~ A L ~~ 1 ~ . .6.y ~ .^~~{?' ? 1 L .i. •M: ..e . .~5p .e :~ •i': . ~ .:¢ -! ~ 4l , ' ~ ry 1 j 9~ p. S ,a l ~ .. ., ~~;~~~ , Jeanne F. Schneider, CMC City Clerk Book , Page File ptuober 2006-00005211 ~i FINAL. PL~iT OF HARVEST VIEW ESTATES SIXTH AC~biTfON, AS COAdPRISED OF LOT i OF 36 OF HARdE51' VIEY1 ESTATES FIFTH MDITtON, IN THE CITY Of OUBUOUE, IOWA. o.aT Wtt?y, ~'E~t2 rNgilMaM ~AfAlm, SCALE . i' ~ ~ UO' o' ao' Too' ^rIGxO. Oeol~-D3 SHEET TITLE ~ FINAL PLAT OF-HARdE5T VIEW ESTATES ~ CrVT~I ef1Ar7+nar O ~ ~ 1 0~ 1'~Rr irw W. tro' M+^.aM--Mmn7oY~ .Y~ y~y yWp~^~LL~K rir4~ti~ f ac er n MMaK ~rx 6E nN• a ^ Ny~,'~td1~ '}.~7. Y MR M.er 00[F AUr <~KRA~CYtYZ ~S mENa1tR[ W -fTiRL Nx. Ir f3 ^ t~.p awi gfpT MA1 4711 COMTAw UNYIIHORItpt N,ttly710Ni THE cERAgCAx6v EYN1AeK7 8 Igor, f-YI! (lq„^] r'1+1~a~mFQrc7j~~ ~ _ 1 KNILT EtR1FT TMar r.CS ENiD 9JRKn116 ytSlM~l7r 1aA5 lNffallED 71iID 71aI R£UTLC SWItEY ^01a1 MAS - -- . - evlmuE 4a; : ~:,,tq~ sr ra e^ rluam w oletcr aExsEllu ~ • ~ 71AQ tear t A^ A cur uearm aaxs I7^pBt 9Q UX7 atr Tlra SfAIE 8• qrA. .. f ~~ ~ ~- ~Ot f~i~y n ~..Ow t wR x~-ear. .rw~a~v~"' ~:;~ a. t+n c _ .~ •rnW~ walstr a016 'UNia {IY' IRENSC Rf1QWAl DA/E 15 DCtYWFN ~+, 1CCi JEC7 N0.05t7dD rg~®~~ DATE AEV~ICWS DRA%NEY: xt: «~cs 10 Al aMC. 6/22/05 7Pl C/D Tai YLIrEP IAYlL1tR¢apo tvavanu .••••- t ~ ,~ Page 1 of 1 Jeanne Schneider -Temporary Roadway Easement at the End of 1Vlillstone 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 Settingsljschneid\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 FtNAL PLAT' OF NRRI/EST 1/)EW ESTA'tE5 51XT~f ADblTiON, AS COMPRISED OF f.07 S OF 36 OF HARVE5T VIEW ESTATES FIF7>• ApDITtON, iN 7?fE CITY Of OUBUOUE, IOWA. , ~~ ~ 1 ~ ~ iti, ~ NiL.~ . AL~it. ,... er a ~ , ~~ Ts arsti a m,. °c w ~N s paq, e' ~ M'C p .YA9~15 N$ p it[i Alp ~ RfEALY. , '.~ ~A~pp(y NOT lUi1S A 41rYflONf 'WK W rx. tt K 1p/AT'01S TNC CQIO-I A1Y7r C0f11~e4D Y tW~ DOY y wy9 Ne T ~ f/AI pnNS H Q~~~ W 0t 7N13 hAT AYLL MW I U Ii C IiLr 10 M~ iLKi 1a W --~.~.~~ faR1oT~ YuT sRN+m ~f~ ~'~° 1 m1161' TNA7 Vif.! tp~p SIR1!'~IC pppl°Ott plp4lm ArD Te C 1Ipl~Lv1D iYR1CV YOrK MSS ~ ' ' _ ^ r; _ rl " ~~ • ~ r •.$Gy ~•~' z~ ~ e t Ar 1 AY A pa~Clfew~ wo ails TN lower r¢ r! ov ue trap v oro~ SCALE 1 ~ 100 ~ww,, ~~ yr1 sry rar{ ~r ~.Mnri ~. mNU rrrR ~~ LY'~'PP~'.~uaa ~i f ~~ O' SO' 100' aic+ 1!A W iy' •• ~ wr •.s...•• ra,u>• I+alet~ ins . OlDa YY llC1/t9~ RmtS~IS PA1F IS tT.a~oer 3+. lrCi .r &iEEi DA£ FRQlCCT NO. Od069 ~ OAR ltEV151Qg5 eRAtYOa Cv. F1NAl PLAT nu«xa.mYr ~~~ 6172 T7~ Of' ~ NARVESI VIEW ESTATES r o TAI ICt~ rrryaArr.w twrar°at SCALE CNECREG Br lXTH AODITiptQ ~ o Awl;rtr na n n°IE~i` "e°m0° ° ~• . ,oo• ; a.w ,:NHR°drNr~JT~RAYfJ~rw..r,M.~..n,r «a9~rf ` .. Pkc'TRED B'i; LAJiRENOC A. C?OVEP. L.S. 976' W~XS k CO. 470'CENiRAC AVENUE, DU5UOUE IOWA 62007 cos aar~:c: PLAT OF SIJRVt1' LOT 1 AND LOT 2 OF LOT 36 OF HARVEST VIEW ESTATES FIFI H ADDITION !N THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA ~.- ~. 3~Y r. ,,.~~~' ~-~ I I I ZM 5~ ~ ~ I ! I 't: ;s ~ III ~~! ~ ,: ~ msnlro 1Y I I q~ ,.. I . ~ _r ~~ WLNOtIXr N ~ ~ r.~ I ~ YI ~ i t r ~ ~. ,<.• ~ <:{ ~;; ~ ,,I I.1 1 k 1fYV •. ~i ~: i s !71 ~ cn •1' ~; "~ ;e ~ a LOT 1 OF LOT 36 . fll •- r-1 .7 , I I ~ ~:~ ' ~j I~I !ft ~n . • I I 1 ° i r- i;l I~1 c-: I ,a~J `i ~ I I I I { .. LOT .~ OF F-~= "m:'iw=u'y°" LOT 36 od'nxa unurr a7am+r .r.-- - ~• ~f G' N0 7=.T Idlfl~M exw+uT fr.d,TlfT t S y at _{ e'• r ` ~. tN ":°f \I 'D ~ Ip ''pD~~ „~~ -f T:/ ~ T ut Im sd r77 a C: -- M.N7LA Nd CT,AS[S ,y'S I e F1i1M 1 .~~.~ y N 11'ii'lT L 3!'J:. (~vA F ej,~e~ lNLIiT CII:CWT'f ~ ,~ LtlT 1. 1ea771 O ~~ i taT s: ~ eor Ic` ` tar is -r =S I h • m ~ ur ac '1 ~1r~ LEC~rvo ~,tl~ SURVEYED 60UNOARI' LNE ~ _ FOUND 1R0~! T-EUi Wirrl .CAP 5761 ~' 0 AREA SUR~"cYc0: SET IRON i-PAR VlITH CAP 8761 LOT 1 OF COT 36 5.73 ACRES UTILITY &1$EA1El71 LOT 2~OR t07 3F 271 CRF' WATER ~IAAIN FsLSe7A,ENi -' T TAL AREA ~ 7,Bd ACRES UnLITY AliD SURFAQ'c _ - - - DRAINAGE Fa5FM~1d'I. TEhS?ORARY EtS':SIENT u a 1 upnq~ ~ ~ 7 1 hera3y nr8fy Unl Nle lend wuwyn0 doatmmt ve. pnpgrad en .A icnd d ~a e ~t W Y ~ l EVELOPME.VI !;^nOUP FidR VEST f] e51 .,'~i~ ' y I: rm d a ~ L4a ni rl p H4en I dsreei pr+e • 'y'tt`'• dv Ih~1gs?r 1hn SCay of Imm ° "fIA'n'kEV.c Al = ~' / // / ~ 1.? d: CO. W~~,Jr ~ - e '60Yn'ti ! _ % 976 f LT Y~ r a:a !_mennn h Ba ~ W ~ Ucmn Numly P7di atw w ~i~ t~~ '•..-. ,••••,~~s: ' atr cf $~NiY- [•abroary 6, ICCS oa+~nu r~+~ N na - . +oxa e,T~~ ''`'h, ~ i ~a i el i cca ` a e u° s; :li m as eom+v, nnue L!6Y:L73b1 euecae lave uml Sul +I j , om y ~ SHEET t OF 2 C :601 .20 ~_ • j~~~r ~~STRA~~*&~rf~ ~ , ~o~ piis~aur;; - •' 17NA 132. 1 ! 7 [ ' i t i j :rl t •~ I 5 ~ c ,