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Dubuque Property Investments, LLC Request to Rezone (Prehm)Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 1 3 91 Street Dubuque IA 52001 Dear Mayor and City Council Members: Masterpiece on the Mississippi Service People Integrity Responsibility Innovation Teamwork Dubuque 1) I II 2007 March 5, 2010 Applicant: Greg Prehm / Dubuque Property Investments, LLC Location: 2639 University Avenue (Lots 46 through 50 of the Lenox Addition, along Beverly Avenue) Description: To rezone property from R -1 Single - Family Residential District to R -2 Two - Family Residential District. 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 The applicant spoke in favor of the request, reviewing the proposed building style and access to the property. Staff reviewed the required notification requirements which had been met, proposed rezoning request, existing condition of property and past requests that had been denied by the Zoning Advisory Commission that included the subject property. There were several public comments in opposition to the request, noting the negative impacts of noise, traffic, and garbage that are already occurring with the duplexes built by the applicant, and that additional units will only make living in the neighborhood worse. The Zoning Advisory Commission discussed the request, noting that the requested rezoning is not appropriate because of the restricted access to the property, availability of on- street parking and the density of dwelling units. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council denies the request. The Honorable Mayor and City Council Members Rezoning Request — 2639 University Avenue Page 2 A super majority vote is needed for the City Council to overturn the Zoning Advisory Commission's recommendation and approve the request. A simple majority vote is needed to concur with the Zoning Advisory Commission's recommendation to deny the request. Respectfully submitted, Jeff Sfilds, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi DVariance DConditional Use Permit ['Appeal ['Special Exception A e i mited Setback Waiver zoning Property owner(s): Address: Fax Number: Property Owner(s): Applicant/Agent: Dubuque WWI Ti p 2007 Please type or print legibly in ink -S2 FO PLANNING APPLICATION FORM ['Planned District DPreliminary Plat ['Minor Final Plat DText Amendment ['Simple Site Plan ['Minor Site Plan i 57 Q/ /6 O State: -374" Zip�� ff E -mail Address: *ore I ) M E 4 ' (c Applicant/Agent: A-- fie Phone: Address: e5335 eN < City: 46 State: X Zip: C1 S Fax Number: , 5 a Cellular Number: _E -mail Address: ji t L✓, 0GNCu7si m, R Site location /address: Existing zoning: ..-- 1 Proposed zoning: g "Zfilistoric District: 14° Landmark: 1% `r Legal Description (Sidwell parcel ID# or lot number /block number / subdivision): Lb.S 1 .1-b -T u6 j O Total property (lot) area (square feet or acres): N Sy -i Describe proposal and reason necessary (attach a letter of explanation, if needed):. 10 b Aria ot Lip 149V0( Cellular Number: ❑ Site /sketch piano Conceptual Development Plan ❑Major Site Plan ['Major Final Plat ['Simple Subdivision ['Annexation ❑Temporary Use Permit City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 ['Certificate of Economic Non - Viability ❑Certificate of Appropriateness ['Historic Designation ❑Neighborhood Association DOther: kt, Phone: , r ~ g57-5'47,0-- " 4 �✓ CERTIFICATION: I /we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Date: Date: — Y—/(7 FOR9FFICE USE ONLY — APPLIICATION SUBMITTAL CHECKLIST Fee: -3bo -- Received by: t�i�/ Date: Z jL 1 �Y ❑Photo ❑ Plat ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: hied ' 'I row Masterpiece on the Mississippi Vicinity Map Applicant: Greg Prehm / Dubuque Property Investments, LLC Location: 2639 University Avenue (Lots 46 through 50 of the Lennox Addition) Description: To rezone property from R -1 Single - Family Residential District to R -2 Two - Family Residential District Legend 0 PrehmRezoning Zoning (B & W) Base Data provided by Dubuque County GIS A, N REZONING STAFF REPORT Zoning Agenda: March 3, 2010 Property Address: Property Owner: Applicant: Proposed Land Use: Existing Land Use: Adjacent Land Use: Impact of Request on: 2639 University Avenue (Lots 46 through 50 of the Lenox Addition, along Beverly Avenue) Dubuque Property Investments, LLC Greg Prehm Residential Residential/Vacant North — Residential East — Residential /Commercial South — Residential West - Residential Proposed Zoning: R -2 Existing Zoning: R -1 Adjacent Zoning: North — R -1 East — R -2/C -1 South — R -1/R -2 West — R -1 Former Zoning: 1934 — Single- Family; 1975 — R -2; 1985 — R -1 Total Area: Approximately 26,500 square feet Property History: The property consists of 5 lots within the original Lenox Addition that was subdivided in the late 1800s. The 5 subject Tots, along with 2 adjacent lots along University were converted to a mobile home park circa 1950, for 13 units. The property has been through subsequent rezonings and has been legally nonconforming since 1975. There are several mobile homes remaining on the subject property and several vacant mobile home pads. Physical Characteristics: The subject property is approximately 26,500 square feet in area with approximately 200 feet of frontage along Beverly Avenue and 55 feet of frontage along Van Buren Avenue. There is approximately 9 feet of grade change from the back of the properties to the low point along Beverly Avenue. The property is bordered on the north and southwest by single - family homes and on the southeast by three duplexes. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to be developed for single- or mixed residential use and encourages the concept of mixed -use development to create diverse and self - sufficient neighborhoods. The Comprehensive Plan also encourages revitalization of unused or underused properties and recommends buffering and protecting incompatible uses from each other. Rezoning Staff Report — 2639 University Avenue Page 2 Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: There are no counts available for Beverly Avenue along the subject property. The Iowa Department of Transportation 2005 Annual Daily Traffic Counts indicates 9,900 vehicle trips per day along University Avenue approximately 600 feet east of the subject property at the intersection with Van Buren Avenue, and 7,500 vehicle trips per day along University Avenue approximately 1,000 west of the subject property. The subject property accommodated approximately 9 mobile homes in the past. Under current zoning regulations, the property could be developed for 4 duplexes. If a special exception were to be granted for lot area, the property may be able to accommodate 5 duplexes. Therefore, the amount of traffic generated by the former mobile home park would be very similar to that generated by the proposed redevelopment. If the subject property were to be developed under R -1 Single - Family Residential standards, the site could accommodate 5 single - family homes. The additional traffic generated by the proposed development would be relatively minor compared to the overall traffic in this neighborhood; however, the location of a driveway on the eastern -most is not ideal, as it is very close to the angled intersection of Beverly and Van Buren Avenues. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development. Adjacent Properties: The proposed rezoning will potentially place 4 to 5 duplexes directly across the street from, and adjacent to, 9 single - family homes. If the property is rezoned and redeveloped for duplexes, the number of units permitted will be similar to the number of mobile homes formerly located on the property. However, if redeveloped under the existing conditions, the property would only accommodate 5 single - family homes; therefore, rezoning may somewhat increase density, activity and the amount of traffic in the neighborhood. Redevelopment of the subject property will serve to remove deteriorating mobile homes and crumbling mobile home pads, eliminate unpaved drives and parking areas, and increase the value of the subject property. CIP Investments: None proposed. Rezoning Staff Report — 2639 University Avenue Page 3 Staff Analysis: The applicant is proposing to rezone 5 Tots with approximately 26,500 square feet of area with frontage along Beverly and Van Buren Avenues from R -1 Single - Family Residential District to R -2 Two - Family Residential District. The rezoning represents an expansion of an adjacent three -lot R -2 district with frontage along University Avenue. The property is located in a mixed -use neighborhood with single- and two- family residences, offices and a hair salon. The applicant proposes to remove the deteriorating mobile homes and paved pads and replace them with 4 to 5 duplexes, for a total of 8 to 10 units. Driveway access for four of the five Tots will be onto Beverly Avenue but the easternmost lot may have driveway access onto Van Buren Avenue. Each unit will have to provide a minimum of two paved off - street parking spaces. Both R -1 and R -2 zoning regulations require 6 foot side yard, 20 foot front yard and 20 foot rear yard setbacks for new residences in this district and building height for both districts is restricted to 30 feet. Redevelopment of this property under R -2 regulations would enable the property owner to place four duplexes on the parcel, or 3 more units than are allowed in the current R -1 district. There were approximately 9 mobile homes on this site before, five of which remain. Single- family homes tend to generate slightly more traffic per unit than duplexes. Redevelopment of this property for duplexes will generate slightly more traffic and slightly increase density at this location. A site plan will not be required for redevelopment of this property; however, the lots will still be required to maintain 20% green space for storm water infiltration. Staff recommends that the Zoning Advisory Commission review the criteria established in Section 9 -5 of the Unified Development Code regarding zoning reclassification. Prepared by: Reviewed: Date: f:\ users\ kmunson \wp\boards- commissionslzac\st reports\zac staff reports 201042639 university y (prehm) rezoning stf rpt Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 1 3`" St Telephone: 589 -4121 ORDINANCE NO. 10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2639 UNIVERSITY FROM R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT TO R -2 TWO- FAMILY MULTI - FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from R -1 Single - Family Residential District to R -2 Two - Family Residential District, to wit: Attest: Lot 46, 47, 48, 49 and 50 of Lenox Addition, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor: day of 2010. " I r d AMP Iser The following signed persons are against the proposal for rezoning of : LOCATION: The property at 2639 University Avenue Lots # 46 through # 50 of the Lennox addition along Beverly Avenue. PROPOSAL: To rezone property from R -1 Single Family Residential District to R -2 Two Family Residential District. The following two pages are signatures of the property owners included in this petition. KURT Q WUER T 7_ER COMMISSION NUMBER 22.2185 MY COMMISSION EXPIRES 4E W OHNESORGE J o BEVERLY STREET 113UQUE IA 52001 ORI M O'MEARA 629 NEBRASKA AVE , UBUQUE IA 52001 1ARY S RANSDELL 613 UNIVERSITY SUITE 1 )UBUQUE IA 52001 wI 3REGO Y J SCHADL !617 UNIVERSITY AVENUE )11BUQUE. IA 52001 3RYAN D STECKEL a.644 UNIVERSITY AVENUE DUBUQUE IA 52001 C) L1gA ANN STOTLAR DAVID R VANDERBILT 2659 BEVERLY AVENUE DUBUQUE IA 52001 _JAAA,Le ‘,g( iuL67 MARK J & TAMMY'L WELBES 248 UNI RSIYAVENUE 2001 E P & CAROLYN E STECKEL WILLIAMS 2`645 UNIVERSITY DUBUQUE IA 52001 I n g I n / 0151 0.Ist.doc S. uccor\vi IA \D° 546 g)-e\)e \i c>k iqi 1,0tivuc 0, -2 ID DONALD & KATHERINE O'MEARA 2631 NEBRASKA DUBUQUE IA 52001 vdtbt CHERYL L PICKEL 2624 UNIVERSITY AVENUE DUBUQUE IA 52001 - Pc471_,C RANDALL. & SANDRA RING 2639 VAN BUREN AVE DUBUQUE IA 52001 CRAIG E, CHARLES J & HELE A SPIE 2685 UNIVERSITY AVENUE DUBUOLI,E IA 52001 BETH A STILLMUNKES 2664 BEVERLY AVE DUBIJQUEIA 52001 4C i1/46 DENNIS M & LISA A SCHAAL WALLACE 2670 UNIVERSITY DUBUQUE 1A:52001 LAURA L & MICHAEL F WESTMARK 2627 UNIVERSITY AVENUE DUBUQUE IA 52001 ,4- AUDREY L YARNALL 2653 UNIVERSITY DUBUQUE IA 52001 u c9 Co 14 : . , 4IIP EDWARit 11 JR & RHONDA SUE CARPENTER 2655 BEVERLY AVE DUBUQUE IA 52901 SUE (HEW 3006 WESTMORE DRIVE DUBUQUE IA 5200 1 Mary S. Ransdell 2625 Van Buren Strsst Dub. e I o a 201 fJ DUBUQUE COMMUNITY CHOOL DISTRICT 2300 CHANEY ROAD , DUBUQUE IA 52001 EHLERS HOLDING LLC 2454 PENNSYLVANIA AVENUE DUBUQUE IA 52001 SCOTT TH i AS & SUSAN FAULKNER. 2665 UNIVERSITY DUBUQUE IA 52001 JOHN T HAGERTY 1297 CURTIS DUBUQUE IA 52001 PEARL MARIE ETAL HARLE-HEIM 2661 UNIVERSITY AVENUE r: DUBUQUE IA 52001 ._ 41-4 ...... HARRY A HAYES 2638 UNIVERSITY DUBUQU IA 52001 DAVID J JANSEN 2637 NEBRASKA AVENUE DUBUQUE IA 52001 SIDNEY M JOHN RUD 2666 BEVERLY AVE BUS QUE IA '. 001 MARY KASS / 2617 VAN BURN AVE DUBUQUE IA 52001 ' 4 JOSHUA J LLY 2665 BEVE LY AVENUE DUBUQUE IA 5200 0 3 - - /-' /0 40$1;10, DO A LD J & MARY JANE KUBITZ 2615 VAN BUREN AVE DU UQUE IA 52001 i. -- __Z 5_..---tc.) / 4 .,_ I '1 AtS1 DAVI el - USAN LAU ..-- 2633 •' N BUREN AVE DUBUQUE IA 5200 , Z,. 0 c;;7---- BRIAN J LUDOVISS 2622 VAN BUREN AVE DUBUQUE IA 52001 CORY 0 MCCLAIN 2662 UNIVERSITY AVENUE DUBUQUE IA 52001 3,U1--,-A:( -- 9Z 'JO 1 - t_., , /J\. OAKWOOD INVES ' MENTS 2813 UNIVERSITY SUITE 1 DUB QUE IA 52001 r■ 1 i ( - N \ (1DA. 1,,?,,,,,,nlQ ,,___,:\k, 2 '5 - /0 ., . (1, .‘, ADAM T & KATHRYN KLEISATH BALSTER 2654 UNIVERSITY AVENUE DUBUQUE IA 52001 JOSEPH M JR & CAROL J BLASEN 2635 VAN BUREN AVE DUBUQUE IA 52001 Vicinity/ Maj3 Applicant: Greg Prehm / Dubuque Property Investments, LLC Location: 269 University AVenue (Lots 46 through 50 of the L,ennoie Description: To rezone property frOrn R Single-Family Resideritiallifistrict to R-2 Two-Family Residential District Base Data provided by Dubuque County GIS Iowa Corporations - Results , "� Page 1 of 1 706X A? DH�ei 4z , tcyq)4)/0 Business Services Search Databases Online Filing Voter /Elections Notaries Nonprofits Youth /Civic Events Press /Media Publications About the Office Useful Links Contact Us Home - Search Databases • Iowa Corporations -+ Results Search Databases Iowa Corporations 28E Agreement Iowa Corporations - Results Searched: dubuque property investment Screen Help UCC Certified UCC Alternative No Results Home 1 State of Iowa 1 Site Map I Contact Us Federal Tax Liens Financial Disclosure Site Map 1 Contact Us Notary http: / /www.sos. state. ia. us / Search / corp/( S( azwagwvsvpvd4u45ilumssjh )) /corp_results.aspx 3/1/2010 ige 1 of 2) .1 Doc ID 006466930002 Type: GEN Recorded: 05 /14/2009 at 12:45:36 PM Fee Amt: $27.00 Page 1 of 2 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F 00 009425 OTHE IOWA STATE BAR ASSOCIATION Official Form No. 106 - May 2006 Thomas A. Bitter FOR THE LEGAL EFFECT OFTHE•USEOF THIS FORM, CONSULT YOUR LAWYER . Return To: same as taxpayer Preparer. Thomas A. Bitter, 485 Locust Street, Dubuque, IA 52001, (563) 588 - 4608 Taxpayer: Duhuaue Property Investments, 1, 1. (' 8505 Southern Hilk Court, Thihun�te_ Io 52001 - s .1 � QUIT CLAIM DEED 3:, 7 s 1 z octxt For the consideration of Ten Dubuque Property Management, L.L.C. (an do hereby Quit Claim to Dubuque Property Investments. L.L.0 _Lan Iowa limited liabilitycompany) all our right, title, interest, estate, claim and demand in the following real estate in County, Iowa: See 1 in Addendum Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: 7 STATE OF IOWA ) DUBUQUE COUNTY ) On this ft of , 200 J , before me, the undersigned, a Notary Public in and for said State, personally appeared Greg A. Prehm, to me personally known, who being by me duly sworn did say that that person is a Member and Manager of said Dubuque Property Management, L.L.C. and that said instrument was signed on behalf of the said Dubuque Property Management, L.L.C. by authority of its managers and the said Greg A. Prehm ac wledged the execution of said instrument to be th voluntary act and deed of said roperty Manage / ent, L.L.C. by it voluntarily executed. ‘ /` 6 NOT RY PUBLIC s s: Dollar(s) and other valuable consideration, Iowa limited liability company) Dubuque DUBUQUE PROPERTY MANACj1EMENT, L.L.C. By: Greg A. lvrehm, Authorized Officer JANEE Commfsslon LL Num DUW7E 7441 My Comm, Exp, 16 00 12Q il��h� tn�i.' frnr,:TnvF +. Book , Page , File Number 2009- 00009425 Page 2 of 2) • Addendum 1. Lot 1 in G. Martin's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof TRACT Lots 9, 46, 47, 48, 49 and 50 in Lenox Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II Lot 1 of Lot 7 and Lot 8 in Lenox Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT III Lot 2 of Lot 51 in Lenox Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. Lot 1 and Lot 2 of the Subdivision of Lot 35 in Wilson's Subdivision of part of Mineral Lots 77 and 79 in the City of Dubuque, Iowa, according to the recorded plat thereof. This Deed is given for title purposes only. There is no consideration being given. Book . Paae , File Number 2009 - 00009425 Iowa Corporations - Summary Page 1 of 1 Business Services Search Databases Online Filing Voter /Elections Notaries Nonprofits Youth /Civic Events Press /Media Publications About the Office Useful Links Contact Us Home - r Search Databases -. Iowa Corporations -. Results -+ Summary Search Databases Addresses Agents Filings Names Officers Stock Summary Search Again Summary Searched: dubuque property Print Certificate of Existence Corp No. Legal Name 301982 DUBUQUE PROPERTY MANAGEMENT, L.L.C. Type State of Inc. Legal IA Expiration Date Effective Date PERPETUAL 11/4/2004 Chapter CODE 490A DOMESTIC LIMITED LIABILITY COMPANY Names (viewing 1 of 1) Type Status Modified Name Legal Active No DUBUQUE PROPERTY MANAGEMENT, L.L.C. Registered Agent or Reserving Party Full Name JOSEPH J BITTER Address 485 LOCUST ST Address 2 City, sr, zip DUBUQUE, IA, 52001 Home Office Full Name Address 485 LOCUST ST Address 2 city, sr, Zip DUBUQUE, IA, 52001 Home 1 State of Iowa 1 Site Map 1 Contact Us Site Map 1 Contact Us i Status Active Modified No Filing Date 11/4/2004 http: / /www.sos. state. ia. us / Search / corp/( S( azwagwvsvpvd4u45ilumssjh )) /corp_summary.aspx 3/1/2010 Page 1 of 5) cwb/u/t37 th)oy ij\) 4vsio, �i19 / -ys THE CT'TY OF DUB E Masterpiece on the Mississippi Tom Larson Buesing & Associates 1212 Locust Street Dubuque, IA 52001 563 -556 -4389 Dubuque Property Management, LLC % Greg Prehm 1766 Central Avenue Dubuque, IA 52001 Ronald J. Turner, PLS City of Dubuque — Engineering Department 50 West 13 Street Dubuque, IA 52001 EASEMENT FOR SANITARY SEWER Recorder's Cover Sheet Preparer Information: (Name, Address, and Telephone Number) Taxpayer Information: (Name and Complete Address) Return Document to: (Name and Complete Address) 1 / 1 1111111111111111 Doc ID: 0083 41580005 Type: GEN Recorded: 0 2/18/2009 at 03:02:39 PM Fee Amt: $27.00 Pape 1 of 5 Kathy Flynn Recorder Fi 00002824 Grantors: Grantees: Dubuque Property Management, LLC City of Dubuque Legal Description: Lot 49, Lot 50, Lot 8 and Lot 9 of Lenox Addition in the City of Dubuque, Dubuque County, Iowa Dubuque a1-amtniceaty ' I 111' 2007 Book , Page , File Number 2009 - 00002824 go 2 of 5) Prepared by: Buesing & Assoc. Inc., 1212 Locust St., Dubuque, IA 52001 (563) 556 -4389 Retum to: Ron Tumer, City of Dubuque, la. Engineering, 50 W. 13`" St., Dubuque, IA 52001 (563) 589 -4277 GRANT OF EASEMENT FOR SANITARY SEWER For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Property Management LLC 8505 Southern Hills Ct. Dubuque, IA 52003 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right- of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 49, Lot 50, Lot 8 and Lot 9 of Lenox Addition in the City of Dubuque, Iowa Said easement shall be as shown on the attached (EXHIBIT #A), for the purpose of constructing and maintaining a sanitary sewer in accordance with the Plans and Specifications on file in the office of the City Engineer. It is understood and agreed that the grantor and its contractors shall restore the disturbed area due to the installation of said sanitary sewer, and upon acceptance by the City Council, the grantee herein shall restore the disturbed area due to the repair of said sanitary sewer. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, contour or perform any construction or excavation that will diminish the lateral support of said improvement without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owner(s) in fee of said real estate and have good right to execute this agreement, and that the grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain, remodel or repair said sanitary sewer thereon or therein. VP Dated at Dubuque, Iowa this ' �► r day of , 200X. Dubu!e Prop Management LLC - Greg Prehm STATE OF IOWA COUNTY OF DUBUQUE ) ro On this 23 day of State, personally appeared Greg Prehm personally known, acknowledged to me that he execu?t�g in his signature on the instrument, the person acted, exe.�te the riiiblIk (Notary Seal) 9 200, before me, the undersigned, a Notary Public in and for said an officer of Dubuque .gperty Management LLC, to me thorized capacities, and that by his ink) •'ISSiO... }: izsint/type name) of Iowa Book , Paae , File Number 2009- 00002824 Page 3 of 5) PREPARED 8Y: 80ESINC & ASSOCIATES EXISTING SANITARY SEWER MANHOLE LOT 47 PLAT OF SANITARY SEWER EASEMENT ACROSS LOT 49. LOT 50, LOT 8, AND LOT 9 OF LENOX ADDITION, ALL LOCATED IN THE NE1 /4 OF SECTION 27, T89N, R2E, OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. VAN BUREN 60' ROW) ,\c,1 .:§>e ,Z LOT 12 ° rTr as4s, O, JOHN L WHITE r J : 4016 �- ormilimmoo 9 us 4 LOT 11 NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. 2. PROPRIETOR OF LOT 49, LOT 50, LOT 8, & LOT 9 OF LENOX ADDITION: DUBUQUE PROPERTY MANAGEMENT / R GREG PREHM 1766 CENTRAL AVE. / DUBUQUE, IA 52001 3. SURVEY REQUESTED BY: GREG PREHM 4. THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 M A DULY LICENSED LAND SURVEY THE L OF THE STATE OF IOWA. JOHN L. WHITE (DATE) /M YtENSE NUMBER: 4016 Y LICENSE RENEWAL DATE IS DECEMBER 31, 2010 SHEETS COVERED BY THIS SEAL : THIS SHFFT ONLY SHEET TITLE PLAT OF SANITARY SEWER EASEMENT PROJECT 1 NO. 08063 PREPARED FOR: GREG PRENM DUBUQUE PROPERTY MANAGEMENT 1766 CENTRAL AVE. DUBUQUE, IOWA 52001 7" UESI LAC /RSSRS ARO SUMMONS ,x,! I OW) 3511-4.114 ut' E {563 EXHIBIT "A" E N O X A D LOT 48 i \ 10' \ \ \ \ LOT 49 \\ \ (\0 t.!' VC 0 0 5 LOT 10 ' °9 0 O ( O J LOT 1 -51 , LOT 9 9 „D. r y0. 07 O S33'44'16'E 5 00' (5') s 9. s F '0 9 LOT 8 Ate• r l° 0 N54'15'40"E 5.00' (5') LOT 1 -7 y \9 N `N 5 d LOT 52 S3672'46'E 5 00' (5') tl SCALE 1" = 40' 0' 20' 40' LEGEND DATE 12/15/08 SCALE: 1' m 40' • 1' IRON PIPE (FOUND) • 5/5' REROD STAMPED (FOUND (ORANGE CAP STAMPED 15487') O MAO NAIL (FOUND) PROPERTY LINE SURVEYED PROPERTY UNE —� - -- - — CENTERLINE EXISTING SANITARY SEWER EASEMENT LINE PROPOSED SANITARY SEWER EASEMENT LINE ( ) RECORD DIMENSION REVISIONS 12/18/08 LOT 1 - 6 7 DRAWN BY: TPL CHECKED BY. JLW ADDRESS: 1212 L0055T STREET, OUBOQUE. IOWA 52001 Book . Paae . File Number 2009 - 00002824 ago 4 of 5) Prepared bv: Ronald J. Tumer, City of Dubuque. 50 W. 13 Street. Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 56 - 09 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH, UNDER AND ACROSS PART OF LOTS 8, 9, 49 AND 50 OF LENOX ADDITION IN THE CITY OF DUBUQUE Whereas, Dubuque Property Management, LLC has executed an Easement for Sanitary Sewer through, under and across part of Lots 8, 9, 49 and 50 of Lenox Addition in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer through, under and across part of Lots 8, 9, 49, and 50 of Lenox Addition in the City of Dubuque, Dubuque County, Iowa from Dubuque Property Management, LLC a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. - Passed, approved and adopted this 16th day ofFeb uar 2009. Att -. t: eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Book , Paae . File Mather 2009 - 00002824 Page 5 of 5) STATE OF IOWA COUNTY OF DUBUQUE ) CERTIFICATE OF CITY CLERK 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. 56 -09 is a correct copy of the original Resolution No. 56 -09 approved and adopted by the City Council of the City of Dubuque, Iowa, at a setsion held by said Council on the 16 day of February, 2009. In Testimony Whereof, 1 hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 17 day of February, 2009. Jeanne F. Schneider, CMC City Clerk T Book . Pace . File Number 2009 - 00002824