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Final Plat of Shagbark Estates_Kress Copyrighted May 21 , 2018 City of Dubuque Consent Items # 8. ITEM TITLE: Final Plat of Shagbark Estates SUMMARY: Zoning Advisory Commission recommending approval of the Final Plat for Shagbark Estates off Derby Grange Road. RESOLUTION Approving the Final Plat of Shagbark Estates in the City of Dubuque and Dubuque County, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ZAC letter Staff Memo Applicant Material Supporting Documentation Vicinity Map Supporting Documentation Staff Material Supporting Documentation Resolution Resolutions Plaiututg Services Deparhnent City Hall Dubuque 50 West 13�'�Street THE CTTY OP � Dubuque,IA 52001-4845 �'��'� (563)589-4210 phone �U B Ei �� (563)589-4221fax (563)690-6678 TDD zom�zou plannine��citYofdubuque.org Masterpiece on the Mississippi zo�a.zot� May 8, 2018 � The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13�h Street DubuquelA 52001 � Applicant: James. F. Kress I Location: Derby Grange Road and Barnwood Lane � Description: Final Plat Shagbark Estates, City of Dubuque and Dubuque County I Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion Commissioner Norton recused himself due to a conflict of interest. The applicant spoke in favor of the request, reviewing location of the property and need to subdivide a portion of the property within the City for four new building lots. Staff reviewed the staff report, noting that access and utilities for the four building lots will be provided as part of the first phase of Rustic Point Subdivision. Staff reviewed that the plat includes property in both the City and County of Dubuque, and this requires approval from both jurisdictions. Staff reviewed that the submitted Final Plat is in compliance with the Unified Development Code and recommended approval as submitted. There were no public comments. The Zoning Advisory Commission discussed the request, and had no objections. Recommendation By a vote of 5 to 0, with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, � /�.�.'E.�— Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service Pcoplc hitegrity Responsibility Iimovation Teantwork i Duhuque City of Dubuque THE CITY OP � Planning Services Department D�� I I Dubuque, IA 52001-4845 � I�I � Phone: 563-589-4210 Fax: 563-589-4221 Mnsterpiece nn the Mississip�i '°°' '°" m„-:o,� planninaC�ciNofdubuaue ora PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Piat ❑Text Amendment ❑Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition ❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please tvoe or orint leaiblv in ink Properry owner(s):_ �i9' /"/�S / /l �'�S s phone: S � sl`"1�'�// ndd�e55:_�� ti/ °f � �v/i��/s L�'t$,%/P,o �'/��-i // State:�Zip:�� Fax#:�Cell #: }�(,.��9'O,t/y E-mail: ti�/,� Applicant/Agent: Phone: Address: City: State: Zip: Fax #: Cell #: E-mail: Sitelocation/address:_�f�lp � 1�r1-GJ�QG r<eGe� NeighborhoodAssociation: �� Existing zoning:�Proposed zoning: N /� District: �!`� Landmark: ❑ Yes �No � . . Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): � r n ��C�.� Total property Qot)area (square feet or acres): � � • 7 g S Ga.! Describe proposal and reason necessary (attach a letter of explanation, if needed): I�e�'�e� Eir._ 't��_ __�Cr�y n �non,rG $ 's� CERTIFICATION: I/we, the undersigned,do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and mrrect to the best of my/our knowledge and upon submittal becomes public rewrd; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additionai required written and graphic materials are attached. �...�� Property Owner(s): �i��—�,.�v�— Date: �,Z� �� Applicant/Agent: Date: � POR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST �L� C 3I Fee��Received by: � Date: Z r�ocket: �� RECORDER' S IN�EX LOCATION: PART OF LOT 2 OF TSCHARNER PLACE ND. 4, CITY OF DUBUDUE, 6 DUBUOUE COUNTY, IOMA. REOUESTOR: JAMES F. KRE55 PROPRIETOR: JAMES F. KRESS AND JANET M. KPESS SURVEYOR: OAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNINCa. INC. RETURN T0: �AVID P. SCHNEIDER P.O.BOX 128 FARLEY, IOWA Ph�563-744-3631 daves@yousq.net FINAL PLAT SHAGBARK ESTATES, CITY OF DUBU�UE AND DUBU�UE COUNTY, IOWA . PART OF LOT 2 OF TSCHARNER PLACE N0. 4, DUBU�UE COUNTY, IOWA. SURVEY DESCRIPTION - SHAGBARK ESTATES, CITY OF DUBU�UE AND DUBUOUE COUNTY, IOWA: Part of �ot 2 of Tscharner Place No. 4, Oubuque County, Iowa, more particularly described as follows: Beginning at the West �uarter corner of Section 9. Tornship B9 North. Pange 2 East of the 5th P.M.; thence N00'02'13'W, 52.73 feet to the northHest corner of saitl lot 2: thence SB9'21'39'E. 666.72 feet along the south line of La Vista Estates, �ubuque County. Iowa; thence 589'40'16"E, 53.59 teet to the northeast corner of said Lot 2: thence S00'32'38'W. 545.99 feet along the east line of said Lot 2; thence N89'27'22'W. 35.80 feet to the northwest corner of Lot C of Lot 2 of saSd Tscharner Place No. 4: thence S00'32'38'W, 40.36 feet to the southwest corner of said �ot C of Lot 2: thence SBB'48'29'E, 138.12 feet to the northwest corner of Lot B of Lot 2 of said Tscharner Place No. 4 antl the beginning of a curve; thence, easterly, southeasterly antl southerly. 35.59 feet aiong said curve tangent to said line. concave to t�e southwest, havin� e radius of 10.00 feet, a central a�gle of 09'21'07' and a chord which 6ears S44'07 55'E. 34.06 feet; thence S00'32'38'W, 746.32 feet, tan�qent to saitl curve, to the southwest corner of said Lot B of LOt 2: thenCa N89'28 22'W. 128.00 feet t0 the nOrthwest corn¢r of Lot A of i Lot 2 of said Tscharner Place No. 4: thence N00'32'38'E. 382.38 feet to the northeast corner of saitl lot i ot Tscharner Place No. 2; thence NB9'04'33'M, 688.15 feet to the northwest corner of Lot 3 of Lot 2 of Tscherner Place; thence N00'48'25'E, 905.28 feet to the point of beglnning, containing 37.785 acres. �y,yi�oi��;�� I herehy certify that this lantl surveyin9 document wes c�CHNE10ER ��" N��a. prepared and the relatetl survey work wes performed � �' �ANO "?'� py me or untler m tlirect personal supervision antl that LBt1d $Uf V@ylflg � EO SG " 1 am- tlul licen L nd Surve or untler the laws of & �2�' 9��f the sta+l�e o 3bwa.� " Plannin9, Inc. = c�i OAVID P. < ) ��) V J P.O. eax 120 Y _ j SCHNEIOER ac� / � %�(i-' J � / / Parley, Iowa 5204fi $ ��QQS7 s K.r✓� /YY S Z� 7n/�S Ph! 563-744-3633 �� . Oaves@yousp.net �d�� Davi�neitler P.LS. f14417 Datei �� IOWP My license renewal tlate is �ecember 33, 2019. Pro'ect: 2277FP m��m��iiiumi��auP��'� Pages or sheets coveretl �y this seal: SHEETS 1 6 2 Surve �ate: 1/9 2018 Sheet: 1 of 6 , � � � NW CORNEF, LOT 2, ,I�, 75CHARNEF PLACE N0. 4. IOUBU�UE COUNTY. IOWA I, rF0UN0 f-1/4'I i�o* < �o's ��c �or v �oi e i PIPE - 6.59' EAST / I / OP SECTION LINE �_n vis*n =srnr-s .,, �t v*s�n=sia.-=_s I v:c.ns:rvea�n�.'a . . z a_: a,ua�zs:a-a S89'40'i6'E 1 #J 589'2f'39'E 666.72' �9 �/ SB9'38'4T E�05.73' —■ Z O118U0UE CITY LIMITS - �N00'02'33'N — — — — � I Founo� 52.73' _a�rn �_is� cr snF n�neia.=.=c.a.-acn�.u-e � PIPE4. `P�0•B• NE COPNEP. LOT 2,- I W1/4 CORNER TSCHARNER PLACE N0. 4. SEL.9.TB9N,R2E �UBUaVE COUNTV, IONA FOUN� STAN�ARD I C�NC. MONUMENT I NOTES: m I LOT 5 WILL BE CONSIDEFEO AS NONBUILDABLE UNTIL O1H SUCH TIME THAT 5TREETS, NATER AND SEWER ARE �+E I INSTALLE� ALONG ALL LOT STREET FRONTAGES. �� LOT ACCESS TO DERBY GRANGE ROAO IS PROHI6ITED. ;� I m� I m� O �m I � yo =_N � m �,� II CORNER OF LOT 2.---� u TSCHAPNER PLACE N0. 4,\ ?m �UBUOUE COUNTY, IOWA %a �w NB9'D'22'W� a NW �oRNER.--� 35.ao' � RusrIc POIN o� � �or c oF �or z, �� LANE (50')� cv LOT 6 TSCHARNEfl PLACE N0. 4. '�� a� a v 15.562 ACFES DUeUOUE COUNrv, IaWA - - - - — wo 50032'3B'X �or c uF�oT z c q °a a°�miv.��0"'' SW CORNER. 40.36/� SBB14BS29•F�C'�� m O ;=_cn�:,^E�o� LOT C OF LOT 2. :O ° � � pp6�� TSCHARNEF PLACE N0. 4. �.c' vue�ic�I ��„ ��F°5 DUBUOUE COl1NTY, IOWA ci_�_Tv y` �l♦p~� 2 _ EAStNtAI I �y`L.Z aa LEGEND m- - - - - -I Z � O SET 1/2' REBAR w/ n LOT 5 �6 �' YELLOW CAP R74417 CS 1.110 I U �— ■FOUNo 1/2' REBAR r/ p�15.59' "°� ACRES� O YELLOW CAP M1441'/ w N �� ° 544'07'5YE r�p gov� 9�ti° p(FOUND MAG NAIL 2- I I Ch-14.06' m� - - v- . F 5 < Q 5 XFOUNONAIL p. 89'21'07' ."'> � � oi3 yti�°P�� ti�.P`� ♦FOUN� 5/B' RE6AR v w/ YELLOW CAP #2435 R'10.00' m� J� �I Z a°E .a �' •FOUND 5/B' REBAR o w o�m m m'6 i w/ AE� LAP R12631 z� S �;m NE coarvEa. -;o �;��=�� SICKLE LANE(50') LOT 1, � �n�i�v Ry TSCHARNER � `-usn.•,`-�'r9ll m —�. FEC P_.cBc.t5'5J'H c98 'JS' PLACE N0. Z . S N89'04'33"N 688.35' � �.L— � 2 Ol�t I 0'p'+`�S ,�'ZG•s es <�"e„y oc+E I�-NW CORNER. 3.3A'1 5�9'2T2`EI . ;S 9�tiip�' °vtp" 5 5< LOT f4. 0 128.00' o � Fo'E°' p�5e5 � p�E TSCHARNER � I LOT 4 ��" PLACE ��L�P�a�y��\ 0.273 I m N -. - sev�rrt m �CRES J � '° v�b�� ` � m s�9'�7`1� _ p oticpE" �5b�� 2'0�"� � :"ry�o f2B.00' o� z�$ �911tip�� cY�� m9 ��.OT 3 � � � j5�5 �55` ai mWm 0.273 m.. �"o' ra��.c `" e • Q 1;' pca ps +. , cf ACRES P''-�-� o v� � v�> L .� �ns-MFr�t � w ,g�H;3n�u Tsc�^>Ne�� !�. SJ�9'27'12..E i I .. �I ;� W mo I�28too2 I o, WA60N WHEEL LANE(50') " ¢am 0.273 m' �— F zo� vua'_*c i LACRES� un�iry � ti�� .tiz i SW CORNER cas_verv' Q 5�9 27'Ti2"E�. - i i >Qo5 1 e�z NWS/4,SW3/4 NW CORNER, 0 128.00' o� NB9'26'22"W �tt�`� y�15" � SEC.9,TB9N.R2E LUT A OF L�T 2, I LOT 1 I o ��I��/// zs.oo� p�SEy ^O� FOUN� NAIL IN — —75CHAflNEP PLACE N0. � 0.294 0'// — — ASPHALT ROAO �UBUOIIE COONTY, IOWA �CRES J j��l I/ — a.o.H. LINc � �328.00'� 500•32'38"W N00'32'38'E` �SB9'28'22'E i� 52.00' � � 52.00' �N �ar a-z � - ��N89'26'22"W � 589'2B'22"E 491.85' DERBY GRANGE ROAO (104') 153.00' SE CORNEP� a.o.w. �ine a-'.i5:�s3�zz�za�w NWS/4.SWf/4. — — — — — — —sEc�-ram� FOON� MAG NAIL SCHNEIDER FINAL PLAT �ane surveyin9 TOTAL AREA SHAGBARK ESTATES, CITY OF DUBU�UE Planning,Inc. AND DUBU�UE COUNTY, IOWA `°y a°"�a 17.785 ACRES FPM1I 563I]SC 3fi3f6 PART OF LOT 2 OF TSCHARNER PLACE N0. 4, ^a�eS�r��=4.^eY CITY OF �UBLJOUE, �UBU�UE COUNTY. IOWA P�o e=t. zz��Fv Surve �ate:f/9/2018 S�eeC 2 af 6 I �, , .. • " •)� A ^' a, Du6uque • � ,�.�� - ,i� �� . � THBCI'CYOi � . yT,I'� .. ., m .M +'� L V L L III�1 A n . ' ,� �� . � i � g r 7 'ryf ��4yN�C aj'.. Masterpiece on the Mississippt �,;.;o;; . � ; � /t- y . . `� Cq� . _ �f , N {> k V . ., �y >, y, , .� , , `�, Vicinity Map �•oJ� l` � .�� / v, �' fA�� t �/� ' ? '"��Y ;; '* •� i q + �f��x .'is T �S'� « � a �`C'vt • � ��6, � .�� , , /1 �f� Ytii , ;`� � ;pc F h� t . µ ,, � � ,.. �, .:.R r.� � { .. � 1 `a.� . � , '. v �� . t, `w' M ' v Yv S' �Q ' ..*f 't�" � 'K •� M �j �� /��.. � - - L� ZEp�r� o � ` t`r . i i 5�+. `` �' ', 'w 3� �� , i 3 � � - i_�' rF` � �j'� � h� '�1�.� '�;,y�°� �'�Y J y,�.'. _ Y �. �.. S .r�� d.�y W � . o . �� i '�" � . . ,! 19 fy� Mt' �i, '. � ,,�� '� . 1 y �a a�9d � J�C+ U` �'�C ^' "` 7 �I'r�q°� '��_ r �.r--�_^�'-s4��- � =d�..'��_�s"L��.4�Y-��' a � ��U .:��:� nseuav ao ,�� / i � � " . �.�.� . ,�. • 1 . , �yi � . «�p.�;j� fr � o I -I I!�-. I �� i ��'a`�,.� ra ��.��''r' , f��"Fb� ►+ � � ��- i � ' c+i':� ` i_""n.`'' i � -� jr:' �nSSOCT � � � ��" � ✓� �f �I r� �� ooa�Es� i ,� .�� ,�� , r. ye� i„--�" �_ � �� 1 T1.'y = , ^.1`y. j r /j '1 ! �. ✓Y I o`I i`� i ' � �. � p / }� � �: f� >�l� �I`1_I v i ��* � �L. �J S3,_� 1 --^rt � o , y; ��,� I � L 2\ 4. � m �' J`'��;� � �Y 1 �,I � :,�,,,� RUSTIC POINT LN / � � O v� � � � /; i Q . , , . � z Y�' �"�"" ""�•' City of Dubuque � . 'R• : � � y o SICKLE LN � ` y ' �. '-. . C o i r , +°� . , �""'�""� p � ,; «..�� ;�'. Applicant: James Kress � : . , � � + a '" . m wAcoNw�EE�� ; � �� k, Location: Derby Grange Road and �� I '� " ��.,? Barnwood Lane ' ,,,, _ � x ,. �L aR '�', . . :.. . .� 'f.:_.� a . . . i «t �s + i . ;i. ^r r�'r.n�..�~S �+ • �*�" i�____� ____ . ---pERBV GRANGE RD'- ��*` � � � ' �,,,,,,,7�.�„� � � . � s,� � ' Description: Final Plat Shagbark Estates At � `�. - �I..+ � '�1 , �, " . �� .jr� f , .,,d r.. .. �1 1� RUGBY CT , I_____I k � ' 1� �1 � •�7 * ` , L____I CI(Y�If1lItS � � � �� '��-, � ' ', T;1 '� �v"` ' �?'�, � Subject Property i ' l'; � � y , � �' �wr '��1 ; 6. �` I "� 1 � , . � ' ' Parcels a � i i '� ; rk` ` Y �"� � r 4 ��r J ' 1� �� 1 ��` � ��.. M$Y ` 1 � V j � � pISCLAIMER TM1's�i ( wd5 rompl 4 ' 9�M1e • �� 4 � �q N G og2p� I f f n9y� ��HGI6),whlcb . r/' � � . h�, �� id d � teabyemm cry roeq ana N �� t - — � 0 buq C ly_ It darslwaln t. nl In cryof � BARONYDR � ououq e tlp M Oa�ngagencies ff �[M1 slartenl A�� , �� ed t � lo�mal IOI ,�AG15 tllssuppf tlo • not rantlM1eaccur y yoithe-nPomaCo oata � 0 250 500 1,000 `\\ �`�1�� t�� ` ro 1 ' tl M1 e . Th Cty d p rticipal g agen' h II nol ben Idl' el f ytlrect tlirecl,' 'tl ntel consequential. � � Feet; � �� \ r � r au'� ' p° � ��you9erinnemn mreeo�una�tnonzea 1:6.000 .; . � Sry .... 1 .„. �\ `\ � �n - ze ' � �1 -: y , u.d.+��.aR$M' � J � �� 'y us fiHstlat IM1 b'I'ryt Itistlelaoroutofeny .._ � }.1, � � l I (�_ � 4 v A � �i+'0, t�+� � breacM1 of wartanly wha[soever. �, �` � i Dubuque THE CITY OF � D�L E ��Aeenea ciry ,i� � ��; Masterpiece on the Mississippi Z°°' Z°'z 2013 2017 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner x 1 7�' SUBJECT: Final Plat Shagbark Estates, City of Dubuque and Dubuque County, lowa DATE: April 23, 2018 INTRODUCTION The submitted Final Plat of Shagbark Estates is unique in that a portion of it is located within the city of Dubuque and a portion is located in Dubuque County. As such, the Plat is being jointly reviewed by both the City and County of Dubuque. The property included in the Final Plat is located adjacent to Rustic Point Estates, a new subdivision currently under construction along Derby Grange and Kennedy Roads. DISCUSSION The submitted Final Plat of Shagbark Estates subdivides 17.78 acres into six lots. The portion of the property within the city of Dubuque is located along Barnwood Lane, a new street that has not yet been constructed in Rustic Point Subdivision. The applicant is proposing the subdivision of five lots along Barnwood Lane at this point. Four of the lots will be ready for construction of single-family homes once the Plat is recorded. The lots are served by City water and sewer that have been stubbed out as part of the construction of Rustic Point Subdivision. The balance of the property within the city of Dubuque, Lot 5, will be further subdivided in the future. Lot 6 of the Final Plat is located within Dubuque County and will be further subdivided at some point in the future, but not as part of this submitted Final Plat. The submitted Final Plat is in all respects compliant with the City of Dubuque Subdivision Regulations of the Unified Development Code and staff has no objection to its approval. RECOMMENDATION 1 Planning staff recommends the Zoning Advisory Commission review the submitted Final Plat of Shagbark Estates and recommend approval of the subdivision as it is in � compliance with the City of Dubuque Unified Development Code. Enclosure Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4845 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org James F. Kress 22514 Finleys Landing Rd Sherrill IA 52073 RE: City Council Consideration of Plat Dear Applicant: Dubuque All-dateriea City 2007 2012 20132017 Masterpiece on the Mississippi May 3, 2018 The City Council will consider your request to plat property located at Derby Grange Road and Barnwood Lane at a public meeting on Monday, May 21, 2018, at 6:00 p.m. in the City Council Chamber, Historic Federal Building, 350 W. 6th Street. The plat is on the agenda as a Consent Item. Consent Items are placed at the beginning of the meeting and are voted on with a single motion by the City Council. Consent Items are not voted on separately unless requested by a Council member. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, '27/ e't 2/e/---- / t. (7 - Kyle L. Kritz Associate Planner cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 144-18 A RESOLUTION APPROVING THE FINAL PLAT OF SHAGBARK ESTATES IN THE CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Shagbark Estates in the City of Dubuque and Dubuque County, Iowa; and Whereas, the final plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances related thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Shagbark Estates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions: Section 2. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights-of-way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 3. That the owners must construct and maintain erosion control devices in Shagbark Estates which control erosion and prevent sediment from leaving the site. Section 4. That access to Derby Grange Road is prohibited from Lot 1 of Shagbark Estates. Page 2 Section 5. That Lot 5 Shagbark estates is unbuildable until such time that streets, water main and sanitary sewer mains are installed along all street frontages. Section 6. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. Section 7. That in the event James F. Kress and Janet M. Kress fail to execute the acceptance 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 21st day of May 2018 Attest: Kevin Firnstahl, City "lerk Roy D. Buol, Mayor A'ECOADER' S INDEX LOCATION: PART OF LOT 2 OF TSCHARNER PLACE NO. 4, CITY OF DUBUQUE, IIII II IIIIIIIIIIIIIIIIIIIIIIIIII II IIIII III IIIII II & DUBUQUE COUNTY, IOWA Doc ID: 008841770011 Type: GEN REQUESTOR: JAMES F. KRESS Kind: SUBDIVISION PLAT PROPRIETOR: JAMES F. KRESS AND Recorded: 06/26/2018 at 12:18:32 PM Pee Amt: $s7.00 Page 1 of 11 JANET M. KRESS Dubuque county Iowa John Murphy Recorder SURVEYOR: DAVID P. SCHNEIDER File2018-00007078 SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNING,INC. RETURN TO: DAVID P. SCHNEIDER P.O.BOX 128 FARLEY,IOWA Ph#563-744-3631 daves@yousq.net FINAL PLAT SHAGBARK ESTATES, CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA PART OF LOT 2 OF TSCHARNER PLACE NO. 4, CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA TOTAL AREA 17.785 ACRES SURVEY DESCRIPTION SHAGBARK ESTATES. CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA: PART OF LOT 2 OF TSCHARNER PLACE NO. 4, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SECTION 9. TOWNSHIP 89 NORTH. RANGE.2 EAST OF THE 5th P.M.. DUBUQUE COUNTY, IOWA: THENCE N00'02'13"W. 52.73 FEET TO THE NORTHWEST CORNER OF SAID LOT 2: THENCE S89'21'39"E. 666.72 FEET ALONG THE SOUTH LINE OF LA VISTA ESTATES, DUBUQUE COUNTY. IOWA: THENCE S89'40'16"E, 53.59 FEET TO THE NORTHEAST CORNER OF SAID LOT 2: THENCE SOO'32'38"W. 545.99 FEET ALONG THE EAST LINE OF SAID LOT 2: THENCE N89'27'22"W, 35.80 FEET TO THE NORTHWEST CORNER OF LOT C OF LOT 2 OF SAID TSCHARNER PLACE NO. 4: THENCE S00'32'38"W. 40.36 FEET TO THE SOUTHWEST CORNER OF SAID LOT C OF LOT 2: THENCE S88'48'29"E. 118.12 FEET TO THE NORTHWEST CORNER OF LOT B OF LOT 2 OF SAID TSCHARNER PLACE NO. 4 AND THE BEGINNING OF A CURVE; THENCE. EASTERLY, SOUTHEASTERLY AND SOUTHERLY. 15.59 FEET ALONG SAID CURVE TANGENT TO SAID LINE, CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 89'21'07" AND A CHORD WHICH BEARS S44'07'55"E. 14.06 FEET; THENCE S00'32'38'W. 746.32 FEET TO THE SOUTHWEST CORNER OF SAID LOT B OF LOT 2: THENCE N89'28'22"W, 128.00 FEET TO THE NORTHWEST CORNER OF LOT A OF LOT 2 OF SAID TSCHARNER PLACE NO. 4; THENCE N00'32'38'E. 382.38 FEET TO THE NORTHEAST CORNER OF LOT i OF TSCHARNER PLACE NO. 2. DUBUQUE COUNTY. IOWA: THENCE N89'04'33"W. 688.15 FEET TO THE NORTHWEST CORNER OF LOT 1 OF LOT 2 OF TSCHARNER PLACE, DUBUQUE COUNTY. IOWA: THENCE N00'48'25"E. 905.28 FEET TO THE POINT OF BEGINNING. CONTAINING 17.785 ACRES. 4AN0 d`G�yo 2yF. q` chi DAVID P. �c SCHNEIDER y #14417 XOWA ..,. I hereby certify that this land surveying document was prepared and the related survey work was performed y me or under d rect personal supervision and that �iam^a\ duly _licr s Lpnd Surveyor under the laws of David P. Schneider P.L.S. #14417 ' Date: My license renewal date is December 31. 2019. Pages or sheets covered by this seal: SHEETS i & 2 SCHNEIDER Land Surveying Planning,Inc. P.O. Box 128 Farlev. Iowa 52046 5)l 00 CHARNER PLACE NO. 4, BUOUE COUNTY, IOWA FOUND 1-1/4" LOT 4 LOT 5/:REC.AS;NB9'41',9O"W LOT 6 LOT 7 e PIPE - 6.59' EAST poi OF SECTION LINE LA VISTA ESTATES LA VISTA ESTATES REC.AS:NB9'25'30"W '40'16'ES89'21'39'E NO 666.72'53.59' S89'38'47"E 505.73' NOD '02'13'W DUBUDUE CITY LIMITS FOUND 52.73' SOUTH LINE OF THE NW1/4, 1-114' SEC,9• T89N, R2E PIPE $EC.9, T89N,'R2E TSCHARNER PLACE NO. 4. FOUND STANDARD DUBUDUE COUNTY, IOWA CONC. MONUMENT r, w� NOT LOTE5 WILL BE CONSIDERED AS NONBUILDABLE UNTIL aJ� I SUCH TIME THAT STREETS, WATER AND SEWER ARE Z. INSTALLED ALONG ALL LOT STREET FRONTAGES. J W=w LOT ACCESS TO DERBY GRANGE ROAD IS PROHIBITED. ®v ZZZa m W Z mo w Z o mm LO y0 Z>' N cu ~W CORNER OF LOT 2, Sm ® ,11 TSCHARNER PLACE ND, 4, w0 Im ti DUBUDUE COUNTY, IOWA m N89'27' 22'W I 0�1 NW CORNER, 35.80' RUSTIC POINj z , Cll LOT G LOT C OF LOT LANE (50 ) v 15.562 ACRES C TSCHARNER PLACE N0. 4, DUBUDUE COUNTY, IDWA - - - - ¢0 LU LOT C OF LOT 2 SOO'32'38'W �, = A• Q pF LOT Nce 40. 36 /� �118.12� �... PART 16 O0 TOcVAAV* ' 0OWY. IOWA SW CORNER, SBB-48.29" L cu uE U LOT C OF LOT 2, 10 °• t�s TSCHARNER PLACE NO. 4, 10• PUBLIC ICJ ti 'z H DUBUDUE COUNTY, IOWA UTILITY�os�PtE EASEMENT d LEGEND - - - - - -I IW PJ1Z cc O SET 1/2" REBAR w/ m LOT 5 li c LD YELLOW CAP #14417 ■ FOUND 1/2" REBAR W/ C1 n m 1.110 , ACRES I 1 O YELLOW CAP #14417 X FOUND MAG NAIL S44 07'55'E W s v N10 �+ Q � 0 Ch�14.06' at p00t t pegs X FOUND NAIL A FOUND 5/8' REBAR m 0- 89'21'07" r m LL titp �tatp w/ YELLOW CAP #2435 R-10.00' m �I m iy PJyyy QJyyy • FOUND 5/8" REBAR 0Jti m Old w/ RED CAP #12631 o= o Z z I J It m NE CORNER. m 10' PUBLIC SICKLE LANE (50' ) REC. AS: S6945'57"W 688. N89'04'33"W 688.15' LOT i, m UTILITY TSCHARNER EASEMENT 05' PLACE NO. 2 m c `��2yosa I s t t \-NW °t°eyy °so try °t°PI'5 CORNER. LOT 1-2. 3.34' o S 122B.00' C Im I QJy'p PJy�ytP P10 TSCHARNER PLACE 20' PUBLIC LOT 4 19 m T n m 10 N EASEMENT GO L ACRES -i m c m 5�9'27 12"EI p ' I oo en Imo 128 00LOT otcQ�y 2yos'S Jct�ytP o�cPyy 2Abt�a 3 10.273 I '^ PJyyyt �o�Ge�y Q PLACE - FNEF'pLACE mUTILITY ®m LACRES _� 0' PUBLIC - EASEMENT QJyyysP W T9 �HapNEP TSCHANO. 2 a�• S64'0-12'E - a wmo I �2@roo2 WAGON WHEEL LANE (50' ) m ¢om 0,273 m' 20' PUBLIC = LACRES� rn i 0UTILITY z SW CORNER EASEMENT $ 7r1'2 "E� - t�� P•° 7N'02?"W tybt�t NWi/4, SW SEC.9,T89N, p2E 128.00' o i NW CORNER,�IN0,4, LOT A OF LOT 2, LOT FOUND NAIL IN ASPHALT ROAD TSCHARNER PLACE D.294 0' 25.0pJy4° PJ yy OUBUOUE COUNTY, L ACRES R.O.W. LINE — — NOD '32'38"E �IS89?2B 22'E 52.00' ;, LOT A-2 -°-N69'28'22"W SOO 32'38'W 52.00' •— DERBY GRANGE ROAD (104) S89'28'22'E 491.85' R.O.W LINE 153.00' REC. AS: S89'22'24"W SE CORNER--""e' NW1/4, SWS/4, FINAL PLAT Land Surveying TOTAL AREA SHAGBARK ESTATES, CITY OF DUBUDUE Planning, Inc. 17.785 ACRES AND DUBUQUE COUNTY Farl ey, P.D. Sox 128 52leyy, Iowa 52048 PART OF LOT 2 OF TSCHARNER PLACE NO. 4, Ph! 563-744-3631 doves@youeq. net CITY OF DUBUDUE, DUBUDUE COUNTY, IOWA Project_ 22777FP Sheet 3 of 6 OWNER'S CONSENT Iowa 2018 The foregoing plat of Shagbark Estates, City of Dubuque and Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. ames F. Kre s A J t M. Kress State of Iowa ) ss: Dubuque County ) On this #r day of C 2018, before me, a Notary Public in and for said State, Personally appeared Jam s F. Kr ss and Janet M. Kress, to me personally known, who being by me duly affirmed did say that they, said James F. Kress and Janet M. Kress, acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. JEFFFiEY L. WALTERS Commission Number 145486 Notary b c in the State of Iowa My Comm. Exp, NOV 19, onon My Co sion Expires MORTGAGE HOLDERS ACKNOWLEDGMENT The tndersigned for of State of lo. a, do hereby certify that the attached plat of Shagbark Estates, City of uque and Dubuque nty, Iowa, is made with our free consent and in accordance with o desire as lien holder and mortgagee of premises described herein. U State of Iowa ) ) ss: County of Dubuque ) On this day of 2018, before m the undersigned, a Notary Public in and for said State, personally appear and to me personally known, who being by duly sworn, did say that they are the and respectively, of the corporation executing a within and foregoing instrument; that the seal affixed t reto is the seal of the corporation; that the instrume was signed and sealed on behalf of the corporatio y authority of its Board of Directors; and that as officers acknowledged the execution of the egoing instrument to be the and volunta ' act and deed of the corporation, by it and by them voluntarily execut Notary Public in and for said State My Commission Expires Sheet 4 of 6 CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa -, 2018 The foregoing plat of the Shagbark Estates, City of Dubuque and Dubuque County, Iowa, being within the 2 mile jurisdiction of the corporate limits of the City of Dubuque is hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended. City of Dubuque Zoning Advisory Commission Chairperson CITY ASSESSOR Dubuque, Iowa / - a`3 ,2018 The forgoing,plat was entered of record in the office of the Dubuque City Assessor this r� day of 2018. c City Assessor of Dubuque, low CITY COUNCIL APPROVING PLAT Dubuque, Iowa May 21 2018 The undersigned, .. Rom_ Mayor and K etii n F i r n a t a h 1 , Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of Shagbark Estates, City of Dubuque and Dubuque County, Iowa, as appears heretofore has be filed in the Office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, loyf4approves said plat. State of Iowa ) ) ss: County of Dubuque ) On this _C;q, / day of Ia. 2018, before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and in S. Firnstahl, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said Instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntary executed. -P/7 JW I il) G fficcaw<--) L MELA J. MCCARRON Nota Pu is inand for e a of Iowa } mmission Number 772419 My Commission Expires • re„� Comm. Ezp, Sheet 5 of 6 ATTORNEY'S OPINION I, 9 �. G of fo a practicing attorney at law in (city) �I i L Dubuque Cou ty, Iowa have examined the abstract of title to the land included within S bark Estates, City o Dubuque and Dubuque County, Iowa, said abstract has been prepared in its entirety by the Abstract and Title Company, and was last certified to by said company on the dAy of 2018, at the hour of crC7 o'clock _M. My examination of said abstract shows good and merchanZbl title on the date and hour of certification to be in the James F. Kress d Jan t M. Kress. Dated at u (z " 2 , Iowa in said County, thisday of, 2018. Sign a Attorney at Law Name (printed) dy Addre s 1 Phone num e s-G., COUNTY TREASURER Dubuque, Iowa `� �� , 2018 1 the undersigned, �t L 16k-) %PIA —Treasurer of Dubuque County, Iowa dd hereb ,pl,.Qyihat taxes and special assessments levied against Shagbark Estates, City of Dubu . . rW.DubuqueCountt, Iowa, have been paid and said real estate is free and clear of all taxes as of this date... ;"ry ` 17 County Treasurer of Dubuttbunty, Iowa ' COUNTY ASSESSOR Dubuque, Iowa 2 _,2018 The forgoing plat was reviewed in the office of the Dubuque County Assessor this 03 day of 2018. b e County Assessor of Dubuq County,.I wa DUBUQUE COUNTY BOARD OF HEALTH Dubuque, Iowa -�5— 5 , 2018 The forgoing plat of Shagbark Estates, City of Dubuque and Dubuque County, Iowa, " hereby approved by the Dubuque County Board of Health and approval of sai t by the Du Cou t Board of. Supervisors is hereby recommended. Dubuque County Board of Health - Chairperson Dubuque, Iowa (P l Q 2018 I, A , the Dubuque County Engineer, have received and examined the foregoing plat of Shagb rk EstatlW, City of Dubuque and Dubuque County, Iowa, for compliance with the Dubuque County Engineering regulations and have found said plat to be acceptable. 4�&X40V-- County Engineer Dubuque C ty, Iowa Sheet 6 of 6 COUNTY PLATS OFFICER p Dubuque, Iowa ,r� QQ:2-1L 1 , 2018 1, _X k•r. /�- 03 k`4- the Dubuque County Plats Officer, have received and examined the foregoing plat of Shagbark Estates, City of Dubuque and Dubuque County, Iowa, for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. County Plats Officer of Dubuque County, Iowa DUBUQUE COUNTY PLANNING AND ZONING Dubuque, Iowa y- / 7 2018 The forgoing plat of Shagbark Estates, City of Dubuque and Du uque County, Iowa, is hereby approved by the Dubuque County Planning and Zoning Commission and ajfnroval of said plat by the County Board of Supervisors is hereby recommended. , DUBUQUE COUNTY BOARD OF SUPERVISORS Dubuque, Iowa Zoning Commission (o - g 2018 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of Shagbark Estates, City of Dubuque and Dubuque QBunt we, has been filed in the office of the County Board of Supervisors and that by Resolution No. d ` the Dubuque County Board of Supervisors have reviewed and approved said plat. Chairadrson Attest Dubuque Co uditor COUNTY AUDITOR �r„,, Dubuque, Iowa �J' 2018 The forging plat was entered of record in the office of the Dubuque County Auditor this day of U A.- 2018. We approve of the subdivision name or title to bq, orded. �•.1 `tip'•. Ci o �►1 sc . oaf n County Auditor of Dubu e�Cognty, Iowa �q COUNTY RECORDER Dubuque, Iowa JU.IV. 2�4f 2018 The forgoing plat has been rec'&6d'I yghe;Dubuque County Recorder this day of +�D -2018. Y lW- i County.Recorder of Dubuque Cou trf y, Iowa Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone:-589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13t" St Telephone: 589-4121 RESOLUTION NO. 144-18 A RESOLUTION APPROVING THE FINAL PLAT OF SHAGBARK ESTATES IN THE CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Shagbark Estates in the City of Dubuque and Dubuque County, Iowa; and Whereas, the final plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances related thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Shagbark Estates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions: Section 2. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 3. That the owners must construct and maintain erosion control devices in Shagbark Estates which control erosion and prevent sediment from leaving the site. Section 4. That access to Derby Grange Road is prohibited from Lot 1 of Shagbark Estates. Wage 2 Section 5. That Lot 5 Shagbark estates is unbuildable until such time that streets, water main and sanitary sewer mains are installed along all street frontages. Section 6. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. Section 7. That in the event James F. Kress and Janet M. Kress fail to execute the acceptance 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 21 st day of May 201 Attest: N ME Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE j I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City 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. 144-18 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 22nd day of May, 2018. PPk f i r (SEAJ. ACCEPTANCE OF RESOLUTION NO. 144-18 We,,the undersigned, James F. Kress and Janet M. Kress, having, read the terms and conditions of the Resolution No. 144-18 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of y James. . Kress By: ,i f anet M. Kress State of Iowa ) ss: County of Dubuque ) 2018. On this � day of , 20A before me, a Not Public in and for said state, personally appea d axY�e,S F. A- r_ 5� ( `, nQ M �Lre SS to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ati**`"� • PAMELA J. McCARRON ' Commission Nurpber 772419 jMy Comm. Exp. --5-ZDZ in the State of Iowa COcz% My Commission expires: �,--C RESOLUTION - ZE-al WHEREAS, there has been presented to the Dubuque County Board of Supervisors a Final Plat of Survey for, SHAGBARK ESTATES, CITY OF DUBUQUE AND DUBUQUE COUNTY, comprised Lot 2 of Tscharner Place No. 4 Section 9, T88N, R2E, of the 5t1 PM, Dubuque Township, Dubuque County, Iowa; and WHEREAS, said final plat will create six (6) lots, namely Lot i thru Lot 6 inclusive of Shagbark Estates with Lot 1 thru Lot 5 in the City of Dubuque and Lot 6 in Dubuque County all in Section 9, Dubuque Township, Dubuque County, Iowa; and WHEREAS, said final plat has been examined and approved by the City of Dubuque and the City of Dubuque Zoning Advisory Commission; and WHEREAS, said final plat has been examined by the Dubuque County Planning and Zoning Commission, Dubuque County Board of Health, Dubuque County Engineer, Dubuque County Treasurer and the Dubuque County Plats Officer and has their approval endorsed thereon; and WHEREAS, said final plat has been examined by the Board of Supervisors of Dubuque County, Iowa, and they find the same conforms to the statutes and other regulatory ordinances and resolutions. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Dubuque County, Iowa: Section 1. That the above described property in Lot 6 is in Dubuque County and is within the A- 1, Agricultural district, thus subject to all the requirements of that district. Section 2. That the above described final plat be and is hereby approved and the Chairperson of the Board of Supervisors is authorized and directed to endorse the approval of Dubuque County, Iowa upon said final plat. PASSED, ADOPTED AND APPROVED by the Dubuque County Board of Supervisors on this 25`h day of June, 2018. Jay ickham, Chair, Boar of Supervisors ATTEST: 6aJ%,Dubuque County Deputy Auditor