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Merge, LLC Development Agreement Plat of Survey_Adam's Co. 5th Addition Copyrighted December 2, 2019 City of Dubuque Consent Items # 23. ITEM TITLE: Merge, LLC DevelopmentAgreement Platof Survey SUMMARY: City Manager recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Adams Company's 5th Addition in the Cityof Dubuque as partof a DevelopmentAgreement between the City of Dubuque and Merge, LLC. RESOLUTIONApproving Platof Surveyof Lot 1 and Lot 2 of Adams Company's 5th Addition in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Platting of City Properly in the Port of Dubuque-Merge City Manager Memo Development-MVM Memo Staff Memo Staff Memo Resolution Resolutions Lot Division Plat Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Platting of City Property in the Port of Dubuque between Ice Harbor Road, East Fifth Street and Bell Street — Merge, LLC Development DATE: November 24, 2019 City Engineer Gus Psihoyos recommends City Council approval of the Plat of Survey of Lot 1 and Lot 2 of Adams Company's 5t" Addition in the City of Dubuque as part of a Development Agreement between the City of Dubuque and Merge, LLC. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � ' �,�,.�,,�,� ,..--� AII�A��� � ,>�,;.�b.:,�a,. Z.TB E '� I ► � S Maste iece on the Mississi i zoo7-zoiz�zoi3 �P pp Zoi�*Zolg TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Gus Psihoyos, City Engineer _ - DATE: November 20, 2019 RE: Platting of City Property in the Port of Dubuque between Ice Harbor Rd, East Fifth Street, and Bell �treet— Merge, LLC Development INTRODUCTION This memorandum is a request for approval of the Plat of Survey of Lot 1 and Lot 2 of Adams Company's 5t" Addition in the City of Dubuque, lowa as part of a development agreement between the City and Merge, LLC. BACKGROUND Merge, LLC has submitted a formal proposal to the City for a mixed-use development to be located in the Port of Dubuque. The $18 million project will include a new building which will contain 187 residential units and approximately 23,000 square feet of commercial/retail space. The project will be located along the corner of Ice Harbor �rive and East Fifth Street, wPst of the existing Flexsteel corparate affice huilding. DISCUSSION As part of the proposed mixed-use development project, the developers have a nsed to acquire a portion of City-owned property in the Port of Dubuque. The City of Dubuque and Merge, LLC are parties to a development agreement to facilitate the construction of the project. Bolton & Menk, Inc., has prepared a plat dividing the existing Lot 2-1 of Adams Company's 4t�' Addition which will create Lot 1 and Lot 'L of Adams Company's 5t" Addition in the City of Dubuque, lowa. As part of the development agreement, the City would convey 1.22 acres of land, being Lot 2 on the attached plat, to Merge, LLC. By Resolution 406-19, the City Council has approved the development agreement and allowing for the disposition of said City owned property. RECOMMENDATION It is recommended that the Plat of Survey of Lot 1 and Lot 2 of Adams Company's 5t" Addition in the City of Dubuque, lowa be approved and executed by the Mayor and Clerk to create a new lot to be conveyed to Merge, LLC as stipulated in the development agreement. ACTION TO BE TAKEN I respectfully request approval of the Plat of Survey of Lot 1 and Lot 2 of Adams Company's 5th Addition in the City of Dubuque, lowa through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS Cc: Jill Connors, Economic Development Kyle Kritz, Associate Planner Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 415-19 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF ADAMS COMPANY'S 5TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 15th day of November, 2019, prepared by Bolton & Menk, Inc., dividing Lot 2-1 of Adams Company's 4th Addition, to be hereinafter known as Lot 1 and Lot 2 of Adams Company's 5th Addition in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 15th day of November, 2019, prepared by Bolton & Menk, Inc. relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of Decemg$r 2019. Attest: Trish L. Gleason, MMC, Assistant City Clerk Roy D. Buol, Mayor ® Ballon& Menk Inc. 7019,NIRInhls Pose p� INDEX LEGEND LOCATION REQUESTOR: PROPRIETOR: SURVEYOR: SURVEYOR COMPANY PART OF LOT 2-1, ADAMS COMPANY'S 4TH ADDITION, CITY OF DUBUQUE, IOWA SLINGSHOT ARCHITECTURE CITY OF DUBUQUE LUKE D. AHRENS, P.L.S. 624413 BOLTON & MENK, INC. RETURN TO: LUKE D. AHRENS, BOLTON & MENK, INC. 1519 BALTIMORE DRIVE AVENUE, AMES, IA 50010 (515)-233 6100 l llil1II II!III l!i IIIIl lllll IIlII IIIc! II!IIIiIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 010402040006 Type GEN Kind: SURVEY PLAT Recorded: 12/06/2019 at 02:40:43 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fi1e2019-00015374 53 0 • G1 0 FOR RECORDER USE ONLY 3 ZU NZ D —1 0 m m -G 1- 0 I-, 90 0 m 0 0 Z Cn 0 0 -i 0 Z i �r NOTES: 1. THIS PLAT MEETS OR EXCEEDS IOWA CODE 355. ADAMS COMPANY'S 5TH ADDITION,LOT 2 LEGAL DESCRIPTION: 2. THIS PLAT IS SUBJECT TO EASEMENTS APPARENT OR OF RECORDS. A PARCEL OF LAND LOCATED IN LOT 2-1 OF ADAMS COMPANY'S 4TH ADDITION TO THE CITY OF DUBUQUE,IOWA, � 3. BEARINGS SHOWN ARE IOWA REGIONAL COORDINATE SYSTEM ZONE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: #11 DUBUQUE-DAVENPORT. 4. DATE OF SURVEY-NOVEMBER,2019 BEGINNING ATTHE SOUTHWESTERLY CORNER OF LOT 2-1-A IN ADAMS COMPANY'S4TH ADDITION;THENCE � 5. EASEMENT'E'AS SHOWN IN INST.#2011-07938&INST.#2011-10872 556°30'47"E,306.08 FEET ALONG THE SOUTHWESTERLY RIGHT-Of-WAY LINE OF EAST STH STREET;THENCE 6. EASEMENT'D'AS SHOWN IN INST.#2011-07938 POINT OF BEGINNING LOT 2 533°00'04"W,5.78 FEETALONG SAID RIGHT-OF-WAY;THENCE CONTINUING S33°00'04"W,81.02 FEET ALONG THE ` 7. EASEMENT'B'AS SHOWN IN INST.#2011-07938&INST.q2011-10872 FOUND CUT�X'IN SIDEWALK WESTERLY LINE OF LOT 1-1 ADAMS COMPANY'S 4TH ADDITION;THENCE CONTINUING 533'00'04"W,10.02 FEETTO \/ ' 8. EASEMENT'F'AS SHOWN IN INST.112011-07938 THE EXISTING BUILDING FACE;THENCE N57°Ol'44"W,311.49 fEET ALONG SAID BUILDING FACE;THENCE � 9. EASEMENT'A'AS SHOWN IN INST.#2011-07938&INST.#2011-10872 SOUTHWESTERLY CORNER LOT 2-1-A OF ADAMS 577"54'S9"W,5939 FEET ALONG SAID BUILDING FACE;THENCE 532°58'OS"W,128.17 FEET ALONG SAID BUILDING 10. EASEMENT'C'AS SHOWN IN INST.#2011-07938&INST.#i2011-10872 COMPANY'S 4TH ADD. FAce;THENCE N57°02'li"W,65.20 FEETALONG SAID BUILDING FACE;THENCE N12`ll'46"W,110.34 FEETTO THE 11. ELECTRIC LINE EASEMENT AS SHOWN IN INST.q2006-09264 SOUTHERLY RIGHT-OF-WAY LINE OF ICE HARBOR ROAD;THENCE N77'48'14"E,270.73 FEEr ALONG SAID 12. SIDEWALKEASEMENTASSHOWNININST.tl2012-15742 RIGHT-OF-WAYTOTHEPOINTOFBEGINNING. 0 100 Zpp 13. CONNECTOR EASEMENT FROM LOT 1-1 OF ADAMS COMPANY'S 4TH � R,O•W' - HORZ. SCALE FEET INDINST#20101 10876 ON LOT52-1�OF ADAMS COMPANYO'S THSHOWN R RQAp-6� ADDITION. , 4, W 10E HANg�as�14a E 27p.73, F POINT OF BEGINNING LOT 1 5�7°481 ��58� �ST NORTHEAST CORNER LOT 2-2 OF ADAMS 4142 �w LOT 2 S`S6��tisTj�s-. ST COMPANY'S 4TH ADD. W o 5�7°54�59 � �'0��'�01�,�o ys`�. � � 3 59.39' ADAMS COMPANY �F9I3IIS8AF RFFT. ' �� a �o ti TH ADDITION 3°608, R 66 ti�� � Nr f N� 'y 1.216AC �� � �' �' S� 52989 SF . Z Z � , �!- �:�, � (530°59'15"W 5.80'PER EASTERLY CORNER LOT 2-2 OF ADAMS �o �� "„f��J ` ' S�= INST.#2019-13115) FouNo cur�x� COMPANY'S4TH ADD. �`'�4' �1�� �"� P� �dq S 33°00'04"W 5J8'—�, FOUNDCUTx tis�o �ti i ���,��(�Q h��� 4'�� NOTE 10 � NOTE 9 o�� 6��1 `' (�� ,�2,�` d1 S 33°00'04"W—. �s9< ��^ y` S�O,1°� �-�' 'IA9, 10.02' I //� �S6°��Sl��s�. � S v °� Z '��'_nS `�`�`� ti''^ EXISTING BUILDING FACE j��i NOTES 9S6�I9,I3Ig�,p o �Q p1`�'Q�.�� oti ti LOT 1 MONUMENTS NOT SET ALONG THESE I ���5/ FA SE CORNER LOT2-1-A, � � r,� f��,) � ti � �-S 33°00�04��W H1.O2� � ADAMS COMPANY'S 4TH ADD. � P r�f��. �? �� ADAMS COM PANY S EDGES DUE TO THE BUILDING �� so°ss'sa"w si.oz') �8�'' FOUND CUT�x' � SOUTHERLY CORNER LOT 2-2 OF ADAMS `� Fr`�` c� _ 5TH ADDITION css9°o1�o6��E91.96�� g COM PANY'S 4TH ADD. � CORNER NOT SET. N SE)°59'S6"W—�� � seT cur�x� � � 3.859 AC CORNER FALLS INSIDE � 168112 SF BUILDING FOOTPRINT 91.96� � � p � NOTE 7 NOTE 12 N 33°00'04"E / r "i�� Lj ������ �7 �,'� � 81.15'--'' ri`,,_(;�`v� �`�r,, �p'�`` �tiP� , �I (sao°ss�sa��wsi.is') / `-- �,; p�Q ,_�; 'yti s �� r r'�� , ^>." / �tie � O OO � _`". ,\>` O , y� �6, I3/ �\ � � .tij�:1.1'�� SS)o 16' NORTHWESTERLY CORNER ,��^" �,'�' f ;,; �Ns.9S�,O LOT 1 OF ADAMS S1 `� 3,S,o NOTE 6 ���'��� NOTE 5 �h ti�O' �`•`� Ss3 S%, COMPANY'S 3RD ADD. �° � /ti �O� �� , � ��'`�. , �y � /� o ti , ,�� sy, 09„ N 57°21'36 W 120.50—�/ �� `� ^ti �4?Q,I�O ��A1q% y, ,Y� ,�\ �o„PE c.\`` �IZB F3 (5 59°22'46"E 120.50') � % �4� \ ,�"i �-J 4�°`��pQ�`<�(7. 1v388�� / �°� �� Z ��v\�``, 5.�� �4p��' � yy�q,��� ADAMS COMPANY'S 5TH ADDITION,LOT 1 LEGAL DESCRIPTION: t� .' � `G�,y'1�(7� A PARCEL OF LAND LOCATED IN LOT 2-1 Of ADAMS COMPANY'S 4TH ADDITION TO THE CITY OF DUBUQUE,IOWA, � � �,S� �r AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: M,�1- (V� S 57°02'23"E 60.89'—� a��a°j � z BEGINNING AT THE NORTHEAST CORNER OF LOT 2-2 OF ADAMS COMPANY'S 4TH ADDITION TO THE CITY OF (N 59°02'42"W 60.57') „ ��3^ � DUBUQUE,IOWA;THENCE S12°14'S6"E,74.00 FEEf;THENCE 532°43'Ol"W,237.97 FEET;THENCE 557°57'OS"E, FOUND 1/2 REBAR IN CONCRETE UNDER 2�� �1� Qo 241.20 FEET;THENCE 557°02'23"E,60.89 FEET;THENCE N33°10'16"E,227.00 FEET;THENCE S57°00'09"E,380.40 ORANGE PLASTIC CAP FEETTO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF BELL STREET;THENCE N33'S0'32"E,110.69 FEET ALONG " SOUTHWESTERLY CORNER LOT 2-1 OF ADAMS x a SAID RIGHT-OF-WAY;THENCE N57°21'36"W,120.50 FEET;THENCE N33°00'04"E,81.15 FEET;THENCE N56`59'S6"W, '�`�� r COMPANY'S 4TH ADD. v ��; 91.96 FEET;THENCE 533°00'04"W,10.02 FEET TO THE EXISTING BUILDING FACE;THENCE N57°Ol'44"W,311.49 ��;�� Y ?� FEET ALONG SAID BUILDING FACE;THENCE 577°54'S9"W,59.39 FEETALONG SAID BUILOING FACE;THENCE z Y a 532°SS'OS"W,128.17 FEETALONG SAID BUILDING FACE;THENCE N57°02'il"W,65.20 FEET ALONG SAID BUILDING \ SOUTHEASTERLY CORNER a w w FACE;THENCE N12°11'46"W,110.34 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ICE HARBOR ROAD;THENCE g m � . LOT 2-1 OF ADAM$COMPANY'S z = � Z zQ 577'4S'14"W,41.42 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING. ' \,y `5 �_ 4TH ADD. ❑ ° � °�> w aa G J � °> �.�J QR��,, � C7 o w Z p z ��%,�,j ('�,�, w Q ui �' a m� �°r � (�V J ,y= 7 N Y �W I ��...`\� n X ^�� � � Z w w O o f��. W �m a m � � �f'" 1,. � g� o � _ �s =�`° ' Z �O � O p � �'n`„ I hereby certify that this land surveying document was � w J w��- preparedbymeandtherelacedfieldwarkwasperformed pLAT OF SURVEY - LOTS 1 & 2 OF ADAMS COMPANY S 5TH ADDITION d Q� � � J p J N,"�-� `������iii��� by me or under my direct personal supervision and that I 1 ~ � �+ LEGEND: ��o '�a� N a u in U m .-�� �`��FF,SS��� ����� St te of jol��ensed Land Surveyor underthe laws of the m � FOUND 5/8"REBAR WITH RED PLASTIC#t12631 `�Qfl'�� ��"+�% �`/ a Q (UNLESSOTHERWISENOTED) �p.+'. LUKED. '�.�+_ iG�"_'u ��� ,� PART OF LOT 2-1 OF ADAMS COMPANY'S 4TH ADDITION, CITY OF DUBUQUE, IOWA � z a Q SET 1/2"X24"REBAR WITH PINK PLASTIC CAP#24413 ' AHRENS :A= �uKE o.nHREns�.5. � p � � O 0 � (UNLESS OTHERWISE NOTED) =�� 24413 �m_ sHEFr w w U Z %V's . �� REG.NO. 24413 DATE: d� - 1' BO LT O N " a � a > � � (R) RECORDED DIMENSION-INST.q2011-07938 %��''� ��` u � � � i � MY IICENSE RENE W A L D A T E I S 1 2/3 1/2 0 1 9 1519 BALTIMORE DRIVE ' *'••............•'* � 0 � a N ; � (U N L E S S O T H E R W I S E N O T E D) ����ii������OIWP"`������� PAGESORSHEETSCOVEREDBYTHISSEAL: A M E S,I O W A 5 0010 1 ° � & M E N K (515)233-6100 oF 0 v7i THIS SHEET 1 H:\SLINGSMO_�R\T62118305\CAD\C30\FIGft-118305-PIAT OF SUXVEY.DWG 11/15/2019 1:52 PM IOBNUMBER: T62.118305 Sheet 2 of 2 SURVEYOR'S CERTIFICATE I, Luke D. Ahrens, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Part of Lot 2-1 of Adams Company's 4th Addition in the City of Dubuque, Iowa. This survey was performed for the purpose of dividing and platting said real estate henceforth to be known as Lot 1 and 2 of Adams Company's 5th Addition in the City of Dubuque, Iowa. Containing 5.08 acres, more or less, and subject to easements, reservations, restrictions, and rights-of- way of record and not of record, the plat of which is attached hereto and made a part of this certificate. OWNER'S CONSENT Dubuque, Iowa The foregoing plat of lot 1 and 2 of Adams Company's 5th Addition in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. FOR THE CITY ( 'DUBUQUE, IOWA By Roy D. Buol, yor vin S. Fimstahl State of Iowa ) ) ss: County of Dubuque ) On this day of he,k., 20 /before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Roy D. Buol and Kevin S. Fimstahl, to me personally known who, being duly sworn'did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above 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 voluntarily executed. Witness my hand and notarial seal on the date last a.o e written. PAMELA J. McCARRON Commission Number 772419 My Comm. Exp. /1.--.1-x4 Dubuque, Iowa Notary Public in the :.tae of Iowa My Commission Expires CITY COUNCIL 20 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 54).6 m/p the Dubuque City Council approved said plat. By By frt,fl /it Roy D. Buo, Mayor of t City of Dubuque, Kevvrfi S. Fimstahl Clerk of the City of Dubuque PLANNING SERVICES Dubuque, Iowa Pete , 20 The foregoing plat of lot 1 and 2 of Adams Company's 5th Addition in the City of Dubuque, Iowa, or within the two mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, {or designee) of the City of Dubuque in accordance with Article 11: Land Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed herein on the date first written above. Planning Services Division City of Dubuque, Iowa City Planner - Laura Carstens COUNTY AUDITOR Dubuque, Iowa 20 The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of ,20 . We approve of the subdivision name or title to be recorded. Denise M. Dolan County Auditor of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa 20 The, foregoing plat was entered of record in the office of the Dubuque City Assessor this day of 20 Troy Patzner Dubuque City Assessor RECORDERS CERTIFICATE Dubuque, Iowa , 20 The foregoing plat of Lot 1 and 2 of Adams Company's 5th Addition in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. John Murphy Dubuque County Recorder