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Plat Arbor Glen Apts First AddnMEMORANDUM April 1, 2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Final Plat of Arbor Glen Apartments First Addition Planning Services Manager Laura Carstens is recommending approval of the final plat of Arbor Glen Apartments First Addition and acceptance of the dedication of the extension of Raven Oaks Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager MEMORANDUM April 1, 2003 TO:Michael C. Van Milligen, City Manager FROM:Laura Carstens, Planning Services Manager SUBJECT:Final Plat of Arbor Glen Apartments First Addition INRODUCTION The final plat of Arbor Glen Apartment First Addition allows for the resubdivision of property at the end of Raven Oaks Drive and for the extension of Raven Oaks Drive that will terminate in a cul-de-sac. The submitted final plat facilitates the development of 64 residential dwelling units in eight 8-plexes. DISCUSSION The conceptual plat for Arbor Glen Apartments was approved by the Zoning Advisory Commission in April 2002. The submitted final plat provides for extension of Raven Oaks Drive to terminate in a cul-de-sac. The property will be arranged with four 8- plexes on either side of a common parking area. The submitted final plat also provides for the extension of water and sewer to serve the subject property. The City Council is being asked to approve the final plat of Arbor Glen Apartments First Addition and accept the dedication of the extension of Raven Oaks Drive. The extension will have 25-foot of paving within a 50-foot right-of-way. The existing Raven Oaks Drive is built to the same 25-foot paving width. The cul-de-sac will be built to the standard City radius of 37.5 feet. The submitted final plat provides for the construction of a detention basin on the north side of the property to control the rate of storm water leaving the site. RECOMMENDATION The submitted final plat of Arbor Glen Apartments First Addition is in substantial compliance with the adopted preliminary plat and is in compliance with the City of Dubuque Subdivision Regulations. KLK/mkr Attachments cc: Mike Koch, Public Works Director PLANNING APPLICATION FORM Planning Services Department Dubuque, IA 520O1-4864 Phone: 563-589-4Z1.0 Fax; 563-,58g-4221 0 Var~nce 0 Condi~onal use Permit C Lirrated SeU3ack Waiver U Re. zoning u planned Distr.: : Preaminary ~ Minor Final P~at ri Text Amendment Simple Sa:e Plan ~ Site Plan ~ajor Site Plan ajor F'mal Plat Simple Su~tivision Annexation Temporary Use Permit Ce~f~ate of Economic Non-Viability Certlt'~cate ol:Appropr~ateness ._ Please tv~e or arint lem'blv in ink Fax Number:, ~'bT' ~-~8, 717 '/ . Fax Numbec ,/~ , Proposed zoning: Exts~ng zoning: Holfile/Cellular Number: St,'/. 20 Phone: sta e: fll 2.. 3. Legal Description (Sidwell parcel 1D~ or lot number/bteck number/subdivision):,,,,, .~=C-~ TOI~ property 0or) area (square feet or acres): '7,7 Describe proposal and reason necessary (attach a letter of explanation, if needed): ~,N 1. The irfonnation submitted herein is true and corre~ to the best or my/our knowledge and upon submittal becoma~ public record; Fees are not refundable and payment does not guarantee approval; and All additional required wrrcten and 9, a~.hic materials are ai~checL FOR OFF[CE USE ONLY - APPLICATION SUBMTITAL CHECIQ.TSI' pl~ O ~1 ~nt ~an ~ O P~ p~ O ~gn r~ ~j~ ~on 0 R~r ~n 0 ~r: . Legal Description: Final Plat Arbor Glen Apartments First Addition Location: End of Raven Oaks Drive arborgroupilc/km/3/31103 SUBDIVISION STAFF REPORT Project Name:Final Plat of Arbor Glen Apartments First Addition Property Owner:Arbor Glen, L.L.C. Applicant:Brad Clemens Number of Lots: 1 Acreage in R.O.W. .19 Total Area: 7.77 acres In City: Yes In 2-Mile Area: N/A Flood Plain: No Density Allowed: PUD Commonly owned lots: None Sanitary Sewer: Yes Water: Yes Storm Sewer: Yes Existing Street Access: Yes Proposed Land Use: Multi-Family Housing Existing Land Use: Vacant Adjacent Land Use: North - Dubuque Comm. School East - Vacant South - Single-Family Residential West - Multi-Family Residential Proposed Zoning: PR Existing Zoning: PR Adjacent Zoning: North - R-1 East- R-1 South - R-1 West- R-4 Physical Characteristics: The property encompasses approximately eight acres at the east end of the existing Raven Oaks Drive. The property slopes from the south to the north with a grade change over the entire area of approximately 45 feet. North of this property is an existing creek with Eisenhower School north of the creek area. Proposed Phasing: None. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: None. Proposed Streets and Grades: Raven Oaks Drive will be extended and a cul-de-sac constructed to City street design standards. Recommended Motion: Motion to approve the submitted final plat of Arbor Glen Apartments First Addition. Conformance with Comprehensive Plan: The 2002 Comprehensive Plan designates the area for multi-family residential development. Impact of Request on: Subdivision Staff Report - Arbor Glen Apartments First Addition Page 2 Utilities: There is an existing water main in the right-of-way of Raven Oaks Drive. The 6" water main will be extended to serve the proposed development. There is an existing 12" sanitary sewer line along the north property line adjacent to the creek. Both water and sewer utilities are adequate to serve the proposed development. Traffic Patterns: John F. Kennedy Road is classified as a minor arterial. Based on 1997 IDOT counts, it carries approximately 12,000 average vehicle trips north of Kaufmann Avenue and 9,000 average vehicle trips south of the Northwest Arterial. Public Services: The property can be adequately served by existing public services. The proposed cul-de-sac of Raven Oaks Drive will have a standard 37.5-foot radius. Environment: The proposed developed will be required to provide storm water detention and will direct storm water toward the existing creek on the north side of the property. Staff does not anticipate any adverse impact to the environment providing adequate erosion control is practiced during all phases of development of the property. Adjacent Properties: Staff does not anticipate significant adverse impacts to adjacent properties. The proposed plat of the subject property will allow for the development of multi-family housing. The volume of vehicle trips on Raven Oaks Drive will increase however no greater than the other proposed developments that have been approved for this site. The terrain of the property is such that adequate spacing will be provided between the single-family homes on Marywood Drive and the proposed multi-family structures. The property drops approximately 45 feet from the backyards of the single-family homes on Marywood to the creek area and property on the north side. Recommended Conditions on Plat: None. Staff Analysis: The applicant is requesting approval of the final plat or Arbor Glen Apartments First Addition. The submitted final plat allows for the extension and construction of a cul-de-sac for Raven Oaks Drive. The submitted final plat facilitates the construction of 64 multi-family dwelling units arranged in eight 8-plexes. Raven Oaks Drive is approximately 500 feet long and does not currently meet City standards for paving width. The existing Raven Oaks Drive is 25 feet in width measured from the back of curb to back of curb. The applicant is proposing extension of the street by approximately 100 feet and terminating it in a cul-de-sac. The extension of Raven Oaks Drive will be done at the existing 25-foot width; however, the cul-de-sac will be constructed to City standard design parameters of 37.5-foot radius. Subdivision Staff Report - Arbor Glen Apartments First Addition Page 3 The development of the Arbor Glen Apartments will include construction of a storm water detention basin on the north side of the property. The detention basin will be maintained by the owners of the project and will comply with all City standards regarding storm water detention. The existing water and sewer utilities are sufficient to serve the proposed development and will be extended to provide City water and sewer to each of the proposed apartment buildings. Planning staff recommends that the submitted final plat of Arbor Glen Apartments First Addition be approved as it is in compliance with City of Dubuque Subdivision Regulations. Subdivision Staff Report - Arbor Glen Apartments First Addition Prepared by: Reviewed: Date: Prepared by: Laura Caretens, City Planner Address: City Hall~ 50 W. t3th Street Telephone: 589-4210 RESOLUTION NO 116-03 A RESOLUTION APPROVING THE FINAL PLAT OF ARBOR GLEN APARTMENTS FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Arbor Glen Apartments First Addition, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Raven Oaks Drive (Lot A) together with certain public utility and surface drainage easements, which the owners by said final plat have dedicated to the public forever; and Whereas, the conceptual plan 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 IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Raven Oaks Drive (Lot A) together with the easements for public utilities as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Arbor Glen Apartments First 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 Raven Oaks Drive (Lot A) 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, Resolution No. - 03 Page 2 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 main, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City 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 those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Arbor Group, LLC, 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 3. 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 lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. The developer will construct and maintain the detention facility to operate and function as originally designed constructed as part of Arbor Glen Apartments First Addition, in accordance with all state and local codes and regulations. Section 5. To install sanitary sewer mains and sewer service laterals to each individual apartment building. Section 6. That the final acceptance of all public improvements shall occur upon certification of 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 Arbor Group, LLC fails to execute the acceptance and furnish the guarantees provided in Section 3 hereof within 180 days after the date Resolution No. - 03 Page 3 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 7th Terrance M. Duggan, Mayor Attest: ~ Jeanne F. Schneider, City Clerk day of Apri 1 2003. ACCEPTANCE OF RESOLUTION NO. - 03 I, the undersigned, Eric J. Weis, representing Arbor Group, L.L.C., having read the terms and conditions of Resolution No. - 03 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of 2003. By: Eric J, Weis Arbor Group, L.L.C. FINAL PLAT OF ARBOR GLEN APARTMENTS FIRST ADDITION TO THE CITY OF DUBUQUE, IOWA BEING A REPLAT OF OAK BROOK DEVELOPMENT AND OAK RROOK TOWNHOUSES, ALL IN THE CITY OF DUBUQUE, IOWA, ~0 0 © © > B'A'{}'I'§ RAVEN R-1 Proposed Area to be Platted Legal Description: Final Plat Arbor Glen Apartments First Addition Location: End of Raven Oaks Drive arborgroupllc/km/3/31/03 SUBDIVISION STAFF REPORT Project Name: Property Owner: Applicant: Final Plat of Arbor Glen Apartments First Addition Arbor Glen, L.L.C. Bred Clemens Number of Lots: 1 Acreage in R.O.W. .19 Total Area: 7.77 acres In City: Yes In 2-Mile Area: N/A Flood Plain: No Density Allowed: PUD Commonly owned lots: None Sanitary Sewer: Yes Water: Yes Storm Sewer: Yes Existing Street Access: Yes Proposed Land Use: Multi-Family Housing Existing Land Use: Vacant Adjacent Land Use: North- Dubuque Comm. School East - Vacant South - Single-Family Residential West - Multi-Family Residential Proposed Zoning: PR Existing Zoning: PR Adjacent Zoning: North - R-1 East- R-1 South - R-1 West- R-4 Physical Charecteristics: The property encompasses approximately eight acres at the east end of the existing Raven Oaks Drive. The property slopes from the south to the north with a grede change over the entire area of approximately 45 feet. North of this property is an existing creek with Eisenhower School north of the creek area. Proposed Phasing: None. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: None. Proposed Streets and Grades: Raven Oaks Drive will be extended and a cul-de-sac constructed to City street design standards. Recommended Motion: Motion to approve the submitted final plat of Arbor Glen Apartments First Addition. Conformance with Comprehensive Plan: The 2002 Comprehensive Plan designates the area for multi-family residential development. Impact of Request on: Subdivision Staff Report - Arbor Glen Apartments First Addition Page 2 Utilities: There is an existing water main in the right-of-way of Raven Oaks Drive. The 6" water main will be extended to serve the proposed development. There is an existing 12" sanitary sewer line along the north property line adjacent to the creek. Both water and sewer utilities are adequate to serve the proposed development. Traffic Patterns: John F. Kennedy Road is classified as a minor arterial. Based on 1997 IDOT counts, it carries approximately 12,000 average vehicle trips north of Kaufmann Avenue and 9,000 average vehicle trips south of the Northwest Arterial. Public Services: The property can be adequately served by existing public services. The proposed cul-de-sac of Raven Oaks Drive will have a standard 37.5-foot radius. Environment: The proposed developed will be required to provide storm water detention and will direct storm water toward the existing creek on the north side of the property. Staff does not anticipate any adverse impact to the environment providing adequate erosion control is practiced during all phases of development of the property. Adjacent Properties: Staff does not anticipate significant adverse impacts to adjacent properties. The proposed plat of the subject property will allow for the development of multi-family housing. The volume of vehicle trips on Raven Oaks Drive will increase however no greater than the other proposed developments that have been approved for this site. The terrain of the property is such that adequate spacing will be provided between the single-family homes on Marywood Drive and the proposed multi-family structures. The property drops approximately 45 feet from the backyards of the single-family homes on Marywood to the creek area and property on the north side. Recommended Conditions on Plat: None. Staff Analysis: The applicant is requesting approval of the final plat or Arbor Glen Apartments First Addition. The submitted final plat allows for the extension and construction of a cul-de-sac for Raven Oaks Drive. The submitted final plat facilitates the construction of 64 multi-family dwelling units arranged in eight 8-plexes. Raven Oaks Drive is approximately 500 feet long and does not currently meet City standards for paving width. The existing Raven Oaks Drive is 25 feet in width measured from the back of curb to back of curb. The applicant is proposing extension of the street by approximately 100 feet and terminating it in a cul-de-sac. The extension of Raven Oaks Drive will be done at the existing 25-foot width; however, the cul-de-sac will be constructed to City standard design parameters of 37.5-foot radius. Subdivision Staff Report - Arbor Glen Apartments First Addition Page 3 The development of the Arbor Glen Apartments will include construction of a storm water detention basin on the north side of the property. The detention basin will be maintained by the owners of the project and will comply with all City standards regarding storm water detention. The existing water and sewer utilities are sufficient to serve the proposed development and will be extended to provide City water and sewer to each of the proposed apartment buildings. Planning staff recommends that the submitted final plat of Arbor Glen Apartments First Addition be approved as it is in compliance with City of Dubuque Subdivision Regulations. Subdivision Staff Report - Arbor Glen Apartments First Addition Prepared by: Reviewed: Date: Dubuque, Iowa Planning Services Certificate The foregoing Final Plat of Arbor Glen Apartments First Addition to the City of Dubuque, Dubuque County, Iowa, is hereby approved by the City Planner of the City of Dubuque, Iowa, ~and approval of said Final Plat by the City Council of the City of Dubuque is hereby recommended. By: Laura Carstens City Planner of the City of Dubuque, Iowa City_ of Dubuque, Iowa Dubuque, Iowa The undersigned, Terrance M. Duggan, Mayor, and Jeanne Schneider, Clerk, of the City of Dubuque, Iowa, do hereby certify that the foregoing Final Plat of Arbor Glen Apartments First Addition to the City of Dubuque, Dubuflue ,C0))nty, Iowa, as appears heretofore has been filed on 7 ~'~/'-'~ day of ~5~,t~J , 20(1~ in the office of the City Clerk of Dubuque, Iowa, and that by Resolutio/n No/~ ~.~, the City Council of the City of Dubuque, Iowa approves said Final Plat. Mayor Terrance M. Duggan Jf ff_~ Clerk Jeanne Schneider City_ Assessor's Certificate Dubuque, Iowa The foregoing Final Plat of Arbor Glen Apartments First Addition to the City of Dubuque, Dubuque County, Iowa, was entered of record in the office of the City Assessor of the City of Dubuque on the date first written above. ,2002 Rick Engelken, City Assessor of the City of Dubuque, Iowa County_ Auditor's Certificate Dubuque, Iowa ~ 2002 I, the undersigned, Denise M. Dolan, Dubuque County Auditor, have reviewed and examined the foregoing Final Plat of Arbor Glen Apartments First Addition to the City of Dubuque, Iowa. This Final Plat was entered of record in the Office of the County Auditor on the date first written above. Denise M. Dolan, County Auditor for Dubuque County, Iowa COUNTY RECORDER'S CERTIFICATE Dubuque, Iowa ,2002 I, the undersigned, Kathy Flyrm-Thurlow, Dubuque County Recorder, have reviewed and examined the foregoing Final Plat of Arbor Glen Apartments First Addition to the City of Dubuque, Iowa. This Final Plat was entered of record in the Office of the County Recorder on the date first written above. Kathy Flynn-Thurlow, County Recorder for Dubuque County, Iowa Dubuque, Iowa COUNTY TREASURER'S CERTIFICATE ,2003 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes and Special Assessments levied against the land within Arbor Glen Apmhaents First Addition to the City of Dubuque, Iowa, have been paid and said real estate is free and clear of all taxes as of this date. Eric Stierman County Treasurer for Dubuque County, Iowa · When recorded return to: Jeremy C. Sharpe 2000 Financial Canter Des Moines, Iowa 50309 I Prepared by: Jeremy C. Sharpe, '[he Financial Center, 666 Walnut, Suite 2000, Des Moines, IA 50309-3989, 515-243-7100 CERTIFICATE OFPROPR~TOR STATEOFMINNESOTA ) )ss. COUNTYOF ) KNOW ALL MEN BY THESE PRESENTS: The undersigned hereby states, acknowledges and certifies that Arbor Glen, L.P. an Minnesota limited partnership, is the proprietor and record fee title owner of the real estate described in Exhibit "A" attached hereto to be platted as Arbor Glen Apartments First Addition, in Dubuque, Iowa~ The undersigned further acknowledges and certifies that the subdivision of said real estate is with the consent and in accordance with the desires of said owner. Dated this ~ day of x~ rt 6t~ ~ , 2003. ! ARBOR GLEN, L.P., an Iowa Limited Partnership By: Arbor Group, LLC, General Partner STATE OF MINNESOTA ) , ) ss. COUNTY OF ~ This instrument was acknowledged before me, on the~rr''~ day of January, 2003, by Erik J. Weis, as Managing Member of Arbor Group, LLC, the General Partner of Arbor Glen, L.P., an Iowa Limited Partnership, on behalf of which the instrument was executed. Notary Public in and for the State of Iowa d:Xa0559~cr t-proprietor-jcl.doc EXH~uIT A LEGAL DESCRIPTION TRACT 1 Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 1; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 2; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 3; LOt 1, LOt 2, LOt 3, Lot 4, Lot 5, and, Lot 6, of Block 4; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Btock 5; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 6; and Block 7 of"Oak Brook Townhouses" in the City of Dubuque, Iowa, according to the recorded plat thereof. Lots 7, 7a, 8, Sa, 9, 10, 10a, 11, 12,13,14, and LOt 1 of Lot 15 in "Oak Brook Development" in the City of Dubuque, Iowa, according to the recorded plat thereof. TRACT H Lot "A" of OAK BROOK DEVELOPMENT, in the City of Dubuque, Iowa, according to the recorded plat thereof. To become Arbor Glen Apmhuents First Addition. 2000356vl FINAL PLAT OF ARBt 3R GLEN AP. TO THE CITY OF DUB[ BEING A REPLAT OF OAK BROOK DEVELOPMENT. THE CITY OF DUBUQ LOT 1 7.58 ACRES -+- SURVEYOR'S CERTIFICATE SURVEYOR'S CERTIFICATE OF FINAL PLAT OF ARBOR GLEN APARTMENTS FIRST ADDITION BEING A REPLAT OF LOT 1 OF THE SUBDIVISION OF LOT 15 OF OAK BROOK DEVELOPMENT, AND BLOCKS 1 THROUGH 7 OF OAK BROOK TOWNHOUSES, ALL IN THE CITY OF DUBUQUE, IOWA SEPTEMBER 13, 2002 I, James L. Egger, a licensed professional land surveyor in the State of Iowa, hereby certify that on August 13, 2002, I supervised the preparation of a Final Plat of the Replat of Lot 1 of the Subd. of Lot 15 of Oak Brook Development and blocks 1 thru 7 of Oak Brook Townhouses, in the City of Dubuque, Iowa, which land is the perimeter of Lot 15 of Oak Brook Development, and is more particularly described as follows: BEGINNING at the Southwest Corner of Lot 15 of Oak Brook Development, which Lot is shown on Instrument No. 8805-79, as recorded in the Dubuque, County Recorders Office; Thence North 08© 1 I' 05" East, 79.15 feet, along a West Line of said Lot 15 to a point; Thence North 10© 07' 40" East, 171.48 feet, along a West Line of said Lot 15 to a point; Thence North 08© 50' 36" East, 104.04 feet, along a West Line of said Lot 15 to a point; Thence Northeasterly along a 500.54 foot radius curve concave Northwesterly an arc distance of 111.93 feet to a point, (chord N 02° 20' 04" E, l 11.69'); Thence North 03° 37' 39" West, 22.00 feet, along a West Line of said Lot 15 to a point on the South Boundary of land now owned by the Dubuque Community School District; Thence North 87© 08' 11" East, 154.43 feet, along a North Line of said Lot 15 to a point; Thence South 79© 12' 39" East, 93.15 feet, along a North Line of said Lot 15 to a point; Thence North 81 ° 36' 21" East, 365.52 feet, along a North Line of said Lot 15 to a point; Thence South 11 © 05' 09" East, 537.26 feet, along an East Line of said Lot 15 to a point; Thence North 89© 59' 39" West, 771.22 feet, along a South Line of said Lot 15 to the POINT OF BEGINNING. Containing 7.77 acres, more or less, and subject to easements of record. In a resurvey of Lot 15 of Oak Brook Development, as now monumented and used, I find that the present measurements differ from those shown on former Plats, Surveys, Deeds, and conveyances of record, which account for the differences as shown on this Final Plat. Arbor Glen Apartments First Addition to the City of Dubuque, Iowa, consists of two Lots. The Lot number and letter are shown on the Final Plat. The dimensions of the Lots, and the distances from previously recorded Platted Lots and Subdivisions are shown on the Plat in feet and decimal parts thereof. There is an extension of Raven Oaks Drive shown on this Plat, and this street Right-Of-Way is to be dedicated to the City of Dubuque for publiL roadway purposes. This Right-Of-Way is noted as LOT A on the Plat, and it contains 0.19 acres, more or less. There are also public easements granted to the City of Dubuque for storm sewer and watermain installation and maintenance, and a blanket easement is granted to utility companies for the installation of service lines to structures. PREPARED BY EGGER ENGINEERING AND LAND SURVEYING, PC. My License renewal date is December 31, 2003. LAW OFFICES BELIN LAMSON McCORMICK ZUMBACIt FLYNN A Professional Corporation THE FINANCIAL CENTER 666 WALNUT STREET SUITE 2000 DES MOINES, IA 50309-3989 Telephone: (515) 243-7100 Telecopier(515) 283-4678 Plat Opinion January9,2003 City of Dubuque, Iowa City Hall Dubuque, Iowa 52001 Dear Mayor and Members of the City Council: This is to certify that I have examined the attached abstract of title last continued by Abeln Abstract & Title Company in its Abstract No. 168574 to December 19, 2002 at 8:00 a.m. coveting the following- described real estate: See Exhibit A attached hereto to be platted as Arbor Glen Apartments First Addition and based upon the abstract I find merchantable fee title in the name of ARBOR GLEN, LP a/k/a ARBOR GLEN, A Limited Partnership subject to the following: 1. REPLAT: The Plat of Arbor Glen Apartments First Addition is a replat of certain lots in the Plat of Oak Brook Townhouses recorded as Instrument No. 5797-81 in the Dubuque County, Iowa records and of certain Lots in the Plat of Oak Brook Development, recorded as Instrument No. 8805-79 of the Dubuque County, Iowa records. Please note that in Resolution No. 167-81 of the City of Dubuque, approving the Plat of Blocks 1 - 7 of Oak Brook Townhouse, the City reserved certain easements, access tights, public improvements and assessment rights for services over the portion thereof known as Block 7 which was to be a common area owned by the Townhome Owners Association. It appears as though the Townhome Association and the concept of Block 7 as a Common Area may no longer exist. In its Resolution approving the new plat, the City should clarify what, if any, of the previously reserved rights it is maintaining or releasing. 2. MORTGAGE: Mortgage in the amount of $4,350.00 dated August 23, 1995 executed by Jeffrey J. Noack and Sara L. Noack in favor of Bradley Realty, Inc., recorded August 24, 1995, as Instrument No. 8689-95 of the Dubuque County, Iowa records. 3. JUDGMENT: Judgment filed in the Iowa District Court for Dubuque County in Case No. SC33853, Steven Ulstad Archietects, Plaintiff v. Jeffrey J. Noack, Defendant, entered April 15, 1996 in the amount of $696.00 w/th costs with costs showing unpaid. 4. PLANNED UNIT DEVELOPMENT: The property under examination is subject to Ordinance No. 35-01 as Amended recorded as Instrument No ~ '~"~" '~' .... ~ · - ...... · ., v, :,,-,,, in me ~unuque County, Iowa records which relates to the planned unit Development district in which the property is located known as Raven Oaks Senior Apartments. Pursuant to the ordinance, the principal permitted use of the property under examination is limited to a 62-unit, three-story senior apartment building. 5. SEARCHES: No searches have been made against any party outside the chain of title to the property. No liens appear as a result of such searches except as Otherwise noted herein. 6. REAL ESTATE TAXES: Fiscal year 2001-2002 taxes: first half paid; second half due but not delinquent. GENERAL EXCEPTIONS: There are certain matters which cannot be ascertained from an examination of the abstract and which may affect your use of, enjoyment of and rights in and to the real estate under examination. Accordingly, this title opinion is subject to and you must take notice of the following: a. Matters which would be revealed by an accurate survey and inspection of the premises such as encroachments, overlaps, and boundmy line disputes. Further, access to public streets and the correctness of lot area and boundary lines cannot be assured by this opinion. b. You are charged with notice of the fights of persons in possession of the real estate or any portion thereof. c. The real estate under examination is subject to the zoning ordinances of the city or county stated above. You should determine whether the real estate complies with the applicable zoning ordinances. d. Persons furnishing labor or materials for improvement of the real estate within the last 90 days may be entitled to file a mechanic's lien if not paid. In such event, your lien or title may be subject to such mechanic's lien. e. Special assessments, preliminary assessments, and deficiency assessments are a lien from certification by the city or the county or other taxing jurisdiction to the County Treasurer. The lien for such assessments has priority equivalent to real estate taxes. Such a lien may not be shown in the abstract but may attach against the real estate for work preliminarily approved by the City Council. f. Charges for certain municipal services provided by a city prior to your ownership, such as solid waste and sewage disposal, may be a lien against the real estate when certified to the County Treasurer's Office. Such a lien has priority equivalent to real estate taxes. g. The abstract does not disclose the existence of hazardous substances, hazardous waste, hazardous materials, pollutants, contaminants, underground storage tanks, drainage wells, active or abandoned water wells and other environmentally-regulated activities. You are cautioned that federal, state and local legislation may permit injunctive relief, and require removal and remedial actions, or other clean up, and may create a lien for the same. h. Searches for judgments by the abstracter are limited to a ten-year period, however, certain installment judgraents such as child support and alimony rendered in a decree of dissolution more than ten years ago are a lien on the real estate of the obligor for ten years after the installment becomes due. Very truly youm, JCS:cj d:\a0559\opn-platfing-ics.doc -2- EXHIBIT A LEGAL DESCRIPTION TRACT 1 Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 1; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 2; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 3; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 4; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 5; Lot i, Lot 2, Lot 3, Lot 4, Lot 5, and, Lot 6, of Block 6; and Block 7 of"Oak Brook Townhouses" in the City of Dubuque, Iowa, according to the recorded plat thereof. Lots 7, 7a, 8, 8a, 9, 10, 10a, i1, 12,13,14, and Lot i of Lot t5 in "Oak Brook Development" in the City of Dubuque, Iowa, according to the recorded plat thereof. TRACT II Lot "A" of OAK BROOK DEVELOPMENT, in the City of Dubuque, Iowa, according to the recorded plat thereof. To become Arbor Glen Apartments First Addition. -3-