The URL can be used to link to this page

Modifications to Original Approval Plans and the Final Plat of North Grandview Estates No. 2 in 2006 Copyrighted January 19, 2021 City of Dubuque Consent Items # 6. City Council Meeting ITEM TITLE: Modifications to OriginalApproval Plans and the Final Platof North Grandview Estates No. 2 in 2006, in the City of Dubuque, lowa SUM MARY: City Manager recommending approval of a resolution for modification to the original approval plans and the Final Plat of North Grandview Estates No. 2 in 2006. RESOLUTION Approving modifications to the original approval of plans and the Final Plat of North Grandview Estates No. 2 in 2006, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Modifications to Original Approval Plans and Final Plat City Manager Memo of North Grandview Estates No. 2-MVM Memo Staff Memo Staff Memo Resolution Resolutions E�ibit A North Grandview Estates No 2 Sub Final Plat Supporting Documentation and Plans E�ibit B Lot A of Lot 25 of North Grandview Estates Supporting Documentation No 2 Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e 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: Modifications to Original Approval Plans and the Final Plat of North Grandview Estates No. 2 in 2006, in the City of Dubuque, lowa DATE: January 12, 2021 On July 5, 2006, the City Council approved the Final Plat of North Grandview Estates No. 2. The Final Plat and subsequent Agreement with the prior owner and Amended Agreement laid out a plan and requirements for development of North Grandview Estates, No. 2. However, the development of North Grandview Estates No. 2 never came to fruition and a foreclosure of the property resulted in the property sitting idle for many years. Ehrlich Properties, L.L.C. (Developer) acquired the property in 2018 and desires to develop the property for housing. From the time the original Final Plat and plans were approved for the development a number of regulatory standards changed making development according to the original plans impossible. City staff worked with Developer to identify the components from the original plan, plat, and agreements which are still feasible and those requiring modification for compliance with current code provisions. In addition, the Developer also acquired Lot 2-1-1 of Mineral Lot 359 in the City of Dubuque abutting North Grandview Estates No. 2 (hereinafter "Adjacent Property"). The Developer is prepared to agree to a number of specific items to facilitate development of North Grandview Estates No. 2 and the Adjacent Property, including modifications to the previously approved plat, plans, and governing agreements which need to be memorialized. Planning Services Manager Wally Wernimont recommends City Council approval of a resolution for modification to the original approval plans and the Final Plat of North Grandview Estates No. 2 in 2006. 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 Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager 2 Dubuque THE CITY OF � AIFA�eri�a Cily DuB E �P��:��,,,k�,k� ' � II ��' Maste iece on the Mississi i z°°'�Z°lZtz°13 � pp zoi�*zoi9 TO: Michael Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager� SUBJECT: Modifications to Original Approval Plans and the Final Plat of North Grandview Estates No. 2 In 2006, In the City of Dubuque, lowa DATE: January 12, 2021 INTRODUCTION This memorandum transmits the modifications to the original approval of plans and the final plat of North Grandview Estates No. 2 in 2006. Attached are Final Plat of North Grandview Estates No.2, a resolution, and related materials for City Council review and approval. BACKGROUND On July 5, 2006, by Resolution 308-06, the City Council approve the Final Plat of North Grandview Estates No. 2. (see Exhibit A). The Final Plat and subsequent Agreement with the prior owner (Instrument No. 2005-6151), and Amended Agreement Inst. No. 2007-4829, laid out a plan and requirements for development of North Grandview Estates, No. 2. However, the development of North Grandview Estates No. 2 never came to fruition and a foreclosure of the property resulted in the property sitting idle for many years. Ehrlich Properties, L.L.C. (Developer) acquired the property in 2018 and desires to develop the property for housing. From the time the original Final Plat and plans were approved for the development a number of regulatory standards changed making development according to the original plans impossible. City staff has worked with Developer to identify the components from the original plan, plat, and agreements which are still feasible and those requiring modification for compliance with current code provisions. In addition, the Developer also acquired Lot 2-1-1 of Mineral Lot 359 in the City of Dubuque abutting North Grandview Estates No. 2 (hereinafter "Adjacent Property"). The Developer is prepared to agree to a number of specific items to facilitate development of North Grandview Estates No. 2 and the Adjacent Property, including modifications to the previously approved plat, plans, and governing agreements which need to be memorialized. RECOMMENDATION Planning staff recommends approval of the resolution for modifications to original approval plans and the Final Plat of North Grandview Estates No. 2 In 2006, In the City of Dubuque, lowa. Thank you. Enclosures cc: Gus Psihoyos, City Engineer Denise Ihrig, Water Department Manager 2 Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, (563) 583-4113 Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, (563) 583-4113 specific Housing T1F eligible elements include: Fiber Conduit and Vaults, Curb underdrain, and Private Retaining Wall, Section 2. Developer acknowledges reviewing all applicable plats, plans, and governing agreements related to the 2006 approval for the development to identify differences between 2006 standards and current standards. Section 3. Unless otherwise stated herein or approved as part of a modified plan approval, Developer agrees to the terms, conditions, and approvals contained in the previous plats, plans, and governing agreements. Section 4. Developer shall dedicate public right-of-way as shown on Exhibit B as Lot A of Lot 25 of North Grandview Estates No. 2. Section 5. Developer shall receive an easement from City for the retaining wall necessary for street construction, which in 2006 did not encroach on City right- of-way but with changes in standards must now be larger and will encroach on public right-of-way. Section 6. Developer understands the City holds $175,001 to be put toward the construction of Helen Ridge Court from which Developer may request reimbursement for the construction of Helen Ridge Court as follows: Upon completion of the street base, curb, and gutter and first lift of asphalt on Helen Ridge Court, Developer shall obtain City inspection and approval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures but not to exceed eighty-five percent (85%) of the funds held by the City. Upon completion of the second lift of asphalt Developer shall obtain City inspection and approval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures, but not to exceed the remaining fifteen percent (15%) of the funds held by the City. Section 7. City shall televise the previously installed water and sewer utilities to identify any necessary repairs. City may arrange for repairs or reimburse Developer for actual costs of necessary repairs. Developer shall submit actual costs for review and approval by City Section 8. Developer will install fiber conduit and vaults, curb underdrain, the larger retaining wall, and an entrance to a stub street off the Helen Ridge Court cul- de-sac as shown on Exhibit B as Lot A of Lot 25 of North Grandview Estates No. 2. to provide access to the Adjacent Property Section 9. Developer shall provide a 3% inspection fee for all public improvements. Section 10. Developer shall provide 110% securities for all public improvements except for street improvements, for the maintenance period of 2 years. Section 11. Developer shall reimburse City for water and sanitary sewer installation as will be outlined in the Housing TIF Agreement. Section 12. Developer shall ensure Developer possesses clear title to the detention pond lots, and upon confirmation of clear title, shall deed detention pond lots to City. Section 13. Developer understands and acknowledges the retaining wall will remain privately owned by Developer or the Developer's successors, assigns and/or transferees, and the City takes no ownership or maintenance interest or obligation for the retaining wall. Section 14. Developer agrees: To reduce Helen Ridge Court (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 and curb underdrain all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; To install sanitary sewer service laterals and water service laterals to the Adjacent Property (Lot 2-1-1 of Mineral Lot 359), and storm sewers and catch basins, boulevard street lighting and metered lighting controller, fiber optic conduit and vaults, private retaining wall, curb ramps, and stub street extensions to Lot 2-1-1 of Mineral Lot 359, 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; 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; To construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; To maintain the above 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. However, this provision imposes no obligation on the owner or future owners to maintain the sanitary sewer service laterals, water service laterals, water main or sanitary sewer main excepting only the sanitary sewer service laterals and water service laterals to the Adjacent Property (Lot 2-1-1 of Mineral Lot 359); Section 15. That the City's residential street width standard is hereby waived to allow construction of Helen Ridge Court with 27-foot of paving and 42-foot of right- of- way. Parking on Helen Ridge Court shall be restricted to the north and west sides of the street. Section 16. 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 16-11-16. 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 17. The Developer will maintain the detention facilities constructed as part of North Grandview Estates Subdivision No. 2 until it has been fully completed and 80% of the sum of the platted lots in the entire North Grandview Estates No. 2 is fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (lots 10 and 12) shall be assessed against the lot owners of North Grandview Estates No. 2, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 18. 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 19. That in the event Developer fails to execute the acceptance and furnish the guarantees provided in Section 9 and 10 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Section 20. This Agreement is subject to City approval of the Amended Plat as submitted by the Developer. Passed, approved, and adopted this 19th day of January 2021. V D. 4rz Roy D. Buoeayor Attest: Adrienne N. Breitfelder CERTIFICATE OF CITY CLERK STATE OF IOWA I, & Adrienne N. Breitfelder, 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. 8-21 is a correct copy of the original Resolution No. -a-2j__ approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the ] 2 day of January 2021. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 20th day of January '2021. ACCEPTANCE OF RESOLUTION NO. 8 -21 I, the undersigned, Ric_14PICO , ��,a �,�� , representing Erhlich Properties, L.L.C., having read the terms and conditions of the Resolution No. -20 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'4�(�� 202_L. hrlich Properties, L.L.C. State of Iowa ) ss: County of Dubu'qu ) On jhit �_ da of p1d state, personally appeare named in and wh ecutetinta o executed the s e s the" Notary Pu in e t e of Io My Commis expires: le 0 ;,0 , before me, a Notary Public in and for �, E l�r liar IiW , to me known to be the person(s) true went and acknowledged that they eed. JENNIF'ER A.. C'L.EMENS-CONLCM " = Commission Humb-er 1$6352 t:i'y Comm, Lip, AUG 31. 2022 Page 1 of 10 IIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Dac ID: 005450770010 Type: GEN � Fee Amta�$52/00/PaAe Stof9106:36 AM - Dubuque Countv Iowa Kathv Flvnn 7hurlov Recorder F11.2006-00010536 PREPARED 8Y: BUESING&ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBU�UE,IOWA PHONE: 563 556-0389 FINAL PLAT OF NORTH GRANDVIEW ESTATES NO. 2 THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. AS COMPRISED OF LOT 2 OF NORTH GRANDVIEW ESTATES IN THE CITY OF DUBUQUE,OUBUQUE COUNTY,IOWA. P.0.8. 32nd ST. (64' R.O.W.) NQTE SH9'12'37'E �.rtz�or�n�E�s�r.u.Iw�n�c�ary 59.93' a�ouBuaE,Waua.E tamn:qW� 5 B8'18'}�"E 164.�0' I ol� ior s� I I.YB9 AC I � FOR FUTURE OEVELOPMENT � N ,4� I ,``r�p� 48.77 • SBT?JS, i� i ps �' .��5� ��y9 I b I N6 � I � LOT 96 m �89']0'42'E `rw 70,186 S.F. °i v � � 5}A9 ' � O O o� I� N �� I 4 cor ss � 18,91f S.F. C'9 I� II SBS'25'Og'[ 185.86' g ^ 1B'WIDE STORM 4 � S�, � SEN£R EASEMENT �� 0 G' �'O V ��sg?��f L 585'75'08'E 3 �- I g 784.19' i i� � ti � 88.47' � $ i ' �� „=""_" 95.77' , � "'"_"'"_'_' ' i G' .- """"' � n to __- � ' �i ; :�, v: � i GOT 94 °� ' LOT N � + LOT /P I0.79<S.P. % 8,980 S.F. °i 9.313 S.i'. " m m 8,9�0 S.F. � OdTBNTION �$ '�e�vnoe sroaM °� I � �' ' SEYfcR EASEMEN7 b /.� � 5.72' I S89'30�42"W , S89'30'42�Y1 113.07' � 100.31' � L_8 � N89'19'13'W 97.07' � � /7771..__ \ ; / g 67.a2' SBY37'72'E IO2.75' ( I'10'U7ILITY � p C-13 20.41' 47.01' ' EASEMENT LOT 33 . I � 15.12' I Q i 7,t01 S.F. H � � ST22'18'W �u 3 LOT l5 I � 12'EASEMENT FOR � $ B.SP9 S.P. � '�, 'Y / � PRIVATE SANITARY j LOT 11 Q' .- . II SE`hER SERVICE LnTERAL � °' 73,3B8 S.P. � � ti � � r n iv i I m u n � , "'_"_ � I' � �7771 . S89`30'4'2�'I___" " x 589'�0'42"Nf �� ?\ � � . � ' \ __�_______lOQ.00___'____ '_ z o I� 132 46 , 2 _ � N I ; V ses•ie'S5'E ��a.a8' �. Q g LOT J6 car sz � ` s,�.a s.F. g 3 g� 7,100 S.f. � I o I i I, W , II 10�S0.NITARY 1 �i. n i � � p v � ni n r ^ I . i n I � 20'STq2M $EwER EASEMENT� I O � � i '� c; � S��YEB_EASENEtlT__ ' I Z °i . �, ----- ------------- + > i 58530'421v � ' � �- � 100.00' � � 589'3�'42'W o I i h � � ? � � � 131.00 � . i a m ""'_'_______"'"_'____'""""_____' I LOT IO i o � � /7n1 -n 11.575 S.P. ------- ---- z i � � , I 06T6NTfON Z z $; LOT 91 $ o i � � 7,i00 S.P. g LOT !7 I 8,B10 S.P. I 586'16�55'E 136.85' i 589'30'42'W 589'30'12"W 100.00' ��. 129.54' o � n . '^ I LOT 9 �g I y � I 8.7BY S.i'. _ $� LOT 90 Fi LOT /8 � 7.100 S.P. g 8.59Y S.F. � '� :J S86'�6'S5'E 132.74' ; � 3 SB9'30'42`W b I vxw b I 10�.00 II I 589'30 . � 128.07' '^ �� LOT B �S � ' I I 8,181 S.F. e � GP $ I � LOT 29 655' ' 7,�0o S.P. o LOT /9 � SBEt E t28.62' � � 9.t29 S.F. . NATCN LlN6 ' ^ � � ; � NATCN LlN6 ---1-- �------- �-------------- r----------� �------ ----- � I � , Q � i __. .. . NO-SCALE . .�._..._.... . .. i � 7 I` '', I HEREBY CERTIFY THAT THIS UND SUF2VEYINC DOCUMENi wA$ I��pT �- g.� ��pnlnllnllll�� PREPMEO AND TME RELATEO SURJEY WORN WA$PERiORMED BY I5� LOT ',i 21 5., \��pND ��ii� ME Ofi UNDER YY DIRECT PERSONA�SUPERVISION AND THAT I AM BUESING d[ASSOCIATES 22 J�p��.....�fG y A DULY LICENSED IAND SURVEYOR UN�EN TNE UM5 OF TME STATE CONSULTING ENGINEERS --{ 5• I�� :S: •4: OF IOY(A nLL MONUMENTS wERE PIACED OR SHKL BE PUCED i .?. '.L� 1212 LOCUST STREET r5'_ __��:_5�._ �_I I.__ � � >V� TEq�,� �`G WITHIN ONE YEM FROM THE OATE TlMi iH15 PUT IS RECORDED. pUBUUUE, IOVA 52001 � '-. KOEu�En �A' (563>556-4389 � STREEi 10.�I, � J� 15a87 � ` �� a �- - -�- I �' i*•�°., ,,.`*: RY L ELNER G ORAVN BY�TMP CHECKED BY:TLK �EACH�Oi IN THIS SU60[VISION HaSI � ��/q��'OV`A1"`�p�� LICENSE MBER 15487 SURVEY MTE�12/23/07 UTILITY EnSEMENiS 0�IO'ON RLl '� MY LICENSE RENEWAL DATE IS DECEMBER 3t,2007 SCRLE:1'=60' OVG:03\254\OVG\fIN11L SIOEEANDRREHRGLOiALINES OR RSL I ��p SHEETS COVERED BY THI$SEAL: SHEETS 1 iHRU 7 SHEET 1 ❑F O NOTEO. ��.c� �' - eq:1 Page2 of 10 ____ ._ ----. .._ ___ �.�.._.--. ____..___ ___......_._......._. .... .._...- PREPARED 8Y: BUESING 8 ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE,IOWA PHONE: 563 556-4389 . Fi,I LOT 28 g LOT l9 � 585 t e'S5 ' .. 7.100 S.F. $ 9.tY9 S.P. � �1�8.62' I _ YATCX�'�L/N6 �_______ __ . ___________ ________ i NATCH LINB _____ -- �- _ �i 589'JO'L2'W $ �g � 589'30'421Y • LOT 7 100.00' 126.61' � 8,PY7 S.P. „� + v� n � $; LOT PB $ 58616'S5'E 124.51• n� 3 7,t00 S.F. � � � o LOT f0 � !'� • � 9,313 S.F. � °„j o °' m mi '� � z i LOT B ' � S89'}0'4TY/ o SB9'JO'1Y'W �. 7,858 S.£. ir� � 3 � �� f00.00' '� i �� O � i i 1$5.75 � � ; g�� 588'16'S5'E 7 I� � � $ � 70.29' �u � LOT P7 r I � m 7.�00 S.F. ' '�m� ' �c+� LOTYI �� b o< g 8,Y09 S.F. n O1 I b W i � � � u i ^ � I i 20'STORM O1 � � LOT 5 i�. °p ry � � ' SEY�FREASEMEHL ci� I 7.s2B S.P. I T Q -`'--- FR' --- --- � �� .. � ioo.00 I � sar�o•as-w ' i 3 II _`_"'"'_""_"" " � �...� 123.69, i SBI'�7'�J�E fIJ.59' i I W H 589'30'�2"W I `. j , Y O1 �. . 10�SANITMY � Z < ' H � � SEN£R EASEIIENT � LOT Y6 o g LOT P2 $ I LOT� ��o ';� � � �i 7.769 S.P. I 8.071 S.F. j B.6B8 S.F. �� _ �� / ;u � Z q 1 c: , �'S78'S�'0�� I i . 589'30'12Y! C'� i 589'30�42'W �02.29' m .^ I �0.86� 11920' i - u �_...�, / 14.11� ' r ' 20'S NITARY SEWER \� ' i � . � ^ r � � � � i .- � o LOT 9 ; � ��---.._._ I __"' '__'"___ I � h 8�900 S.P. �% - �I � v $WATE AIAM EASEMENT LpT Y.9 / �,V $ � � EASEMENT �, H.631 S.F. l� 5�4�57'16'� I , ' �. � �0.7.51. .: w � � y� N � % e 5 � ., �✓B5. LOT P ',� � , �Q�13j 7.OP7 S.F. �'� J?�, k. / � %, w/ � II N �'6g•18 /'W IR ,� , I'I �W i ??�V� i N ��' '�-_��_ ' F y LOT 1 ��,'; ^3 � LOT 25 � � [� i .O b __-...___._ O I I bn' -�� ; e1,398 S.F. _ ' 8,t08 S.f. b LOT P4 so.sss s.�. h� �g yti II � '?! �- w'unury s h� ` �. EASEMENT�� q I j5' , '``�Ns9:s ., �. io'unun � � �, � o EaSEMEN,z'''96:�z:,,>/ c�' ''�_ . '�1 � �h• \__ � LOT 1 i "- fVfIN.T!/!,'/SA:M1'OVfE'W F.'S'TAI'Fi�> ��-.. � '� t, i S , Y' '�691R N�S.�7t�w ��n 7 s? � g s• . .> II � �as,Po� /�n� _ b `' `\ 5'U1ILITY � I � EASEMENT ��-_,` t 8 i �. �_� , to'un!�Tr ti �@� EASEMENT I I � ��° � CURVE TABLE: '- LURVE OELTA RAOIUS ARC LHORO CHORO BEPRING �. a ;a� C-1 37'35'I1' 45.00 29.53 29.00 S18'18'33'V � �'. � �:� � C-2 62•17'S8' 45.00 48.93 96.56 S68'l5'22'V yryb `�,C C-3 134'35'1<' 45.00 105.�0 83.03 N13'18'02'V C-9 20'21'26' 45.00 15.99 15.91 N6<'LO'IB'E 1� II, Z C-5 74'S0'19' 20.00 26.12 24.31 N3fi'S5'S2'E i i i i \ �'; � 589'17'S21M 137.65'(137.65) / �� C-6 3'e4'S8' 146.00 9.56 9.55 Nt•23'72"E ', `_""_""""""'_''__'____""_� 0' ]0' 60' 5�q'�p �` = 85.16' � 52,49' C-7 25'S1'S3' 1�6.00 65.91 65.35 Nl6'll'37'E �..70.26'(70.70'�_ � 13�.71_ _,___ .../�2631 C-B 29•02'2S 146.00 74.00 ]32l NL3'38'46'E - ___ '__ -'_-_ .___._ ..._____... . ____. .__.. ------ .' iillu' EaSEu�_V- C-9 36'24'S�'146.00 92.79 9121 N7b'22'25'E Ex LEGEND 17 �� » • FOUNO 5/8'REROD V/PLASTC CAP RLSN9651 C-10 95'Oa'10' I46.00 24225 215.90 S<7•02'97'V UNLESS OTNERVISE NOTED. C-II 95'04'10' 10�.00 172.57 153.<4 S17'02'47'V HLOCK G, hIAKY'CRE'S7'SL'R. .NO. 2 • FOUNO 1'PIPE,UNLESS OTHERV]SE NOTED. C-12 92•17V2' 104.00 167.53 1e9.99 N18•26'01'E 0 PLFCEO 5/e'RER00 V/ORANGE CAP C-13 2'462B' I01.00 5.04 5.04 NO'S3'S6'E N�TES� MARKEO'KOELKER l5<87' NEV LOi LINE THIS PLAi C-14 2'16'S5' 9I3.00 �1.33 44.33 S18'47'll'V 1.A�L MEnSUREMENTS ARE IN�EET AND DEC[MnLS THEREOF. FINRL PLFT BOUNOHRY L[NE C-IS 4•03'47' 9I3.00 64.75 64.73 $IS'21'49'V 2.PROPRIETOR:NORTH GRANOVIEV ESTATES.LLC ---- -EASEMENT L[NE C-t6 4'Ot'26' 913A0 6�.92 6I.90 $I1'l7'43'V 3, SURVEY REOUESTEO BY� DICK MENKEL ....__.___._.. . . E%ISTING LOT LINE 4.TOTnL RREA SURVEYEO 10.86 nCRES. � � RELORDEO DIMENSION C't7 4'08'06' 913.00 65.89 65.88 S7'1127'v 5.THI$PLAT I$SUBJECT i0 RLl RIGHT QF VHYS ANO EASEMENTS L-18 0'Sl'IB' 913.D0 13.63 13.63 S4'41'45'V OF RECORO ANU NOT Of RECORD. P.O.B. POINT OF BEGINNING 6.UTILIiY EASEMENi CREATED BY TNIS PIAT ARE�OR ELECTRIC, ROV RIGHT 0�VqY C-l9 IS'S�93" 913.00 253.51 252.70 Sl2'13'22'V TELEPHONE.LABLE TV,GAS,STORM SEVER.UNLESS OTHER4ISE NOTE�. PC /+CRES 10'UTILITY ERSEMENT RLONG STREET SNALL ALSO BE USED FOR IR IRON R�0 SANITARY$EVER ANO VqTER MAIN. CAP FA➢E�YELLOV LRP N7771 YELLOV CNP Y/RLSN7771 M1263t YELLOW CAP V/RLSM12631 File N mb��OC��1tl��36�ec:2 Page 3 of 10 . Sheet 3 of 6 Surveyor's Certificate Dubuque, lowa �ay 3/ , 2006 I hereby certify that the plat shown on sheets 1, &2 of 6 hereof,is a true and correct FINAL PLAT OF►JORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA as comprised of Lot 2 of North Grandview Estates in the City of Dubuque, Dubuque County, lowa according fo the recorded plats thereof, subject to easements of record and not of recard. The perimeter boundary of NORTH GRANDVIEW ESTATES No.2 was surveyed by me and is more particularly described as fallows: NORTH GRANDVIEW ESTATES No.2 Commencing at the Northeast corner of Lot 1-1-1 of Mineral Lot 359 in Section 14, T89N, R2E, of the 5th P.M., Dubuque County, lowa, said point being the Point Of Beginning; Thence South 88° 18'34"East(this is an assumed bearing for the purposes of this survey only), along the South Right of Way(R.O.W.) line of 32"d Street, a distance of 464.40 feet to the intersection of said South R.O.W. line and the West R.O.W. line of North Grandview Avenue; Thence South 6°35'08"West along said R.O.W. line, a distance of 350.00 feet; Thence South 4° 16'06"West along said R.O.W. line, a distance of 397.42 feet; Thence Southwesterly along said R.O.W. line a distance of 253.51 feet along the Arc of a 913.00 foot radEus curve to the right, of which the chord distance is 252.70 feet and chord bearing of South 12° 13'22"West; Thence South 20° 10'38"West afong said R.O.W. line, a distance of 93.94 feet to the Northeast corner of Lat 1 of North Grandview Estates; Thence North 69°49'22"West, along the Northerly line of said Lot 1, a distance of 96.72 feet; Thence South 16°52'04"West,alang the Westerly line of said Lot 1, a distance of 70.07 feet to the Southwest corner of said Lot 1; Thence South 69'47'41" East, along the Southerly line of said Lot 1, a distance of 7.6$feet to the Northwest corner of�ot 1 of North Grandview Place; Thence South 20° 12'19"West, along the Westerly line of said Lot 1, a distance of 162.40 feet to the North line of Block 6 of MaryCrest Subdivision No.2; Thence South 89° 17'52"West,along the North lines of Lots 14, 12 and 11 of said Block 6, a distance of 137.65 feet to the Southeast corner of Lot 2-1-1 of Mineral Lot 359; Thence North 0°29' 18"West, along the East iines of Lot 2-1-1 of Mineral Lot 359 and Lot 1-1-1 of Mineral Lot 359, a distance of 12$3.33 feet to the Point Of Beginning. The total surveyed area of North Grandview Estates No.2 is 10.86 acres. The Surveyed area is 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 !am a duly licensed Land Surveyor under the laws of the State of lowa. All monuments were piaced or shall be placed within one year from the date that this plat is recorded. _�-�1`�//G� Mav 3! 2va6 TERRY . KOELKER D TA E � LICENSED LAND SURVEYOR REGISTRATION# 15487 REG. RENEWAL 12l31/07 File Number:2006-00010536 Seq: 3 Page 4 of 10 , Sheet 4 of 6 Ownsrs Consent Dubuque, lowa �j�` 0 ,2006 The foregoing FINAL PLAT OF NORTH GRANDVlEW ESTATES No.2 IN 7HE CITY OF DUBUQUE, DUBUDUE COUNTY,IOWA fs made with the free consent and in accordance with the desires o#the undersigned owners and proprietors of said real estate.We hereby dedicate, Lot A(Helen Ridge Court}and all easements shown to the public. North Grandview Estates, L.L.C. � Richard Henkel, Pr ident State of lowa ) ) County of Dubuque) ss: On this�day of AD 2006, before me �oral� /�. �1@.Lb�oilql�A Notary Public in and for the State of lowa, per nally appeared Richard Henkel to me personally kno , who, being duly sworn did say that said Richard Henke!is President of North Grandview Estates, L.L.C.,that the seal affixed to the above instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors, and that said Richard Henkel, President acknowledged the execution of said instrumen�.�ab�,she voluntary act and deed of said Corporation by it voluntarily executed. 'r �,1qtlE;,y '`��, u ,�� ... � �,��A r�,� , �%�.�Cj� ��,. �� ` c,`' G> �, Witness my hand and Notarial Seal o�the date ove writte . ��;� � ��y�,��.��a � �� Ry ^ � � , �..�� ,�,Cp'��, ��S• Nata�f Public in and fo the State of lo r�r � ` ;� ,.�''�� "�� -b0�"nh /�, I✓1a�o�'10Uq�i. .�"xPirts f��;�r�' t�}l°��,�""��'� u Attornev's Certificate Qubuque, lowa June 1 , 2006 TO WHOM IT MAY CONCERN: This will certify that I have examined the abstract of title covering Lot 2 of North Grandview Estates in the City of Qubuque, Dubuque County, lowa according to plats thereof covering the period from government entry to May 15, 2006 certified on that date by nubuaue Countv Abstract & Title co. and find that said abstract shows good and merchantable title to said real estate in North crandview states L.L,C. free and clear of all liens and encumbrances and shows taxes paid i cluding taxes for the year Subject to lst mortgage to DuTrac CommuniCy Credit ion dated ecem 1 0 � � � R o ey-at-L Jo e h J. Bitter B'IT ER LAGI OFFICES 48 � Locust Street Du uque, IA 52001 5 3-588-4608 File Number:2006-00010536 Seq:4 Page 5 of 10 �yb� ' , `5 'J, � , �y�'. � � .. � ^i1 e�7 �.:. . . ; � � ,� ' Sheet 5 of 6 ,,s, j: Gountv Treasurer's Certificate �r;� ' ' „ r �b,�. �. ,: Dubuque, lowa ,�'' � "� `i '•'` ..'��a� , 2006 I,the undersigned, Eric Stierman,7reasurer of Dubuque County, lowa,do hereby certify that all taxes levied against Lot 2 of North Grandview Estates in the City of Dubuque, Dubuque=County, lowa, have been paid and said real estate is free from taxes as of this date. r M,1 -`_ Treasurer of Dubuque County, lowa Citv of Dubupue Zonins�Advisory Commission Dubuque, lowa ��_,2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA and the dedication of Lot A{Helen Ridge Court)and all easements shown to the public. is hereby approved by City Zoning Advisory Commission of the City of Dubuque, lowa and approval of said plat by the Gity Council of the City of Dubuque is hereby recomm n d. By: Zoning Advis is on of the City of Dubuque, IA --___ _- Citv of Dubuctue.lowa Dubuque, lowa � �J , 2006 The undersigned, Roy D. Buol, Mayor and Jeanne Schneider, Clerk of the City of Dubuque, lowa,do hereby certify that the foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA and the dedication of Lot A(Hele�Ridge Court)and all easements to the public, as appears heretofore has be�n filed in the office of the C'y Clerk of Dubuque, lowa and that the City Council of the City of Dubuque, lowa approves said plat. Mayor o e City of Dubuque, .. rk of the City of Dubuque, IA Countv Auditor's Certificate Dubuque, lowa �u�� 2`�l ,2006 The foregoing FINAI.PLAT OF NORTH GRANDVIEW ESTATES No.2 IN 7HE CITY,OF QUBUQUE, DUBUQUE COUNTY IOWA was entered of record in the Office of the Dubuque�oun#��uditor this' �day of �vH� ,2006. •.-�'� ��'r •' �J �� u�S� � L 1��+�1 ts-'�.i', __. Dubuque County Auditor of p T' lowa - �-'`��-�.�,�.?.e.� . , , ,� �,b+� ,, � �♦ti� ��, File Number:2006-00010536 Seq: 5 Page 6 of 10 Sheet 6 of 6 BANK CONSENT Dutrac Community Credit Union of Dubuque, lowa hereby states that it is the mortgagee of a mortgage instrument No. of the records of Dubuque County, lowa on real estate described as follows: LOT 2 OF NORTH GRANDVIEW ESTATES IN THE CI7Y OF DUBUQUE,DUBUQUE COUNTY,IOWA. Dutrac Community Credit Union of Dubuque,lowa hereby consents to the FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA Dated this 3�� day of �l�v✓�Q_ , 2006 Dutrac Community Credit Union of DUBUQUE,IOWA BY: ��C1��'�,��._--� Thomas O. Fillman, Business Relationship Manager State of lowa ) ) Gounty of Dubuque } ss: On this�day of wv� ,AD 2006, before me,the undersigned,A Notary Public in and for the State of lowa, personally appeared Thomas Fillman,to me personaliy known,who being by me duly sworn,did state that he is the Business Relatianship Manager of Dutrac Community Credit Union of Dubuque, lowa of the corporation executing the within and foregoing instrument,that said instrument was signed on behalf of said Corporation by authority of its Board of Directors, and that Thomas Fillman as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. _��_��,�,� _ � s�eNOA keRseR otary Public in and for the State of lowa .��; Commiss�on Number 7 0 �o,,. Yy Corninit:Mr,n ExpltH°� ��fp City Assessor's Certificate r Dubuque, lowa y'�:,�;,1,c-. ,�.,�' , 2006 The foregoing FINAL PLAT OF NORTH GRANDYIEW ESTATES No. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA was entered of record in the Office of the City Assessor of the County of Dubuque, lowa, on the date first written above. �� I,�� // s" /� City Assessor, o n y o u , owa Recorder's Certificate �._(d _, 2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE C{TY OF DUBUQUE, DUBUQUE COUNTY,IOWA has been reviewed by the Dubuque County Recorder. 7�0.�.� .��. ,,� �_:,�� Dubuqu Coun Recorder ,�-P�' �-- �� °` � _ � � � �$t T' �i �,� `J� tt- - �i t E.' . :j'. ��''. . '� �r, . File Number:2006-00010536 Seq:6 Page 7 of 10 , , � � Prepered by: Laura C�rstens C�P_ lanr�er Address: Citv Hall. 50 W. �3th Street Telephone: 589-421(} Retum to: Je�anne Schneider, Citv CIeE1c Address:Citv HaA. 50 W. 13th Str+ee# Telephone: 589-4120 RESOLUTION NQ. 3os - 06 A RES�LUT��N APPROVlNG TNE FINAL PLAT OF NORTH GRANQVIEW ESTATES NO. 2 IN THE C1TY OF DUBUQUE, IOWA. Whereas, there has been fiied with the City C�erk a Final P�at of North Grand�iew Estates No, 2 i� the City of Dubuque, lowa; and; Whereas, upon said final plat appears a street to be know� as He�e� Ridge Court (Lot A), toge#her with certain public utility stoRn and sanitary sewer easem�nts and storm water dete�tion basins (Lots 10 and 12) all in North Grandview Estates No. 2, wF�ich the owner, by said final piat, has dedicated to the public fore�er; and Whereas, the prelim�nary plat has been examined by the Zoning Advisory Commission and had its approva! er�dorsed thereon; and . Whereas, said frna� �lat has been reviewed by tt�e City Planner and had her approval endorsed thereon, subject#o#he owners agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has heen examined by the City Council and they find that it canforms to the statutes and ordinances relatir�g to it, except that no streets or public uti�ities ha�e yet been constructed or installed. NOW, THEREFQRE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY �F DUBUQUE, iOWA: Sectior� 1. That the dedication of Helen Ridge Court (Lot A}, and the easemen#s for public utilities, sanitary sewer and storm sewer as they appear upon said fnal plat, be and the same are hereby accepted; and Section 2. That t�e Final Pla# of No�th Grandview Estates No. 2 is hereby appro�ed and the Mayor and City �lerk are hereby authorized and directed to endorse File Number: 2006-00010536 Seq: 7 Page 8 of 10 Resofution No. -06 Page 2 the approvai of the City of Dubuque, lowa, upon said frnal plat, provided the owne�s of said property herein named, exec�te thei�written acceptance hereto attached agreeing: (a) To reduce Hefen Ridge Court (Lot A) to grade and to construct concrete curb and gutter and to hard surface with aspfi�altic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction impro�ement plans approved by tf�e City Engineer, and ins�ected by the City Engineer; (b) To install sanitary sewer and service laterals, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the C�ty of Du�uque standard specificatio�s, all in a manner acceptable to the City Enginee�, and ir� accordance with construction impro�emen# plans approved by the City Er�gineer, and inspected by the City Engineer; (c) To construct said improvements, prior to two (2) years from ti�e date of acceptance of this resolution, at the sole expense of the owr�ers, or future owner; (d) To construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with cor�struction im�rovemer�t ptans appro�ed by the City Engineer, prior to grading associated with the praposed streets; (e) To maintain the above public impro�ements, for a period of twa (2) years from the date af the acceptance of t�ose improvements by the City of Dubuque, lowa, at the sole expense of the owners, or future owner; And, further provided tha# said North Grandview Estates, LLC, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by pro�iding g►�arantees in such form ar�d with such sureties as may be acceptable to the City Manager of t�e City of Dubuque, lowa. Section 3. TMa#the City's residential street width standard is hereby waived to allow construction of Helen Ridge Cour# with 27-foot of paving and 42-foot of right-of- way. Parking on Helen Ridge Court shall be restricted to the north and west sides of the street. Seckion 4. Sidewalk installation s�all be the responsibility of the owner abutting the public rights-of-way, including lots with m�,ltiple frontages, as required by City Code 41-161 through 41-164. The responsibility shaR extend to all successors, heirs and assignees. Sidewalk installation will r�ot be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on de�efoped iots will not be required until 50% of the lots appro�ed by the plat ha�e been de�eloped. All vacant kots sha�l ha�e sidewalks installed upon developmen# of 80% of the lots approved by the plat. File Number: 2006-00010536 Seq: 8 Page 9 of 10 , Resolution No. -06 Page 3 Section 5. The de�eloper wrill mai�tain the detention facilities constructed as part of North Grandview �states Subdivision No. 2 until i# has been fully completed and 8Q°/a of the sum of the platted lots in #he entire North Grandview Estates No. 2 is fuliy de�eloped and the remaining 20% of tMese lots have installed adequate erosior� controf measures as approved by the City. Upon the City's acceptance of#he detention facility, the maintenance expenses incurred by the Cify of Dubuque for the sto�m water detention facility (Lots 10 a�d 12) �hall be assessed agai�st the lot owners of North Grand�iew Estates No. 2, in equal amounts, and the Cifiy Manager shall certify such costs to the City Clerk, who ir� turn shall promptly certi#y such costs #o the Dub�que County Treasurer, and such costs shali then b� collected with and in the same man�er as general property taxes in accordance with pro�isions of law. Section 6. That the City may install a portion o#the sanitary sewer mains and sewer service laterals into each indi�idual lo#. The costs associated with this installation shail be reimb�rsed to the City from the developer, his successvrs and assigns as each lot is soid, with a ba#loon paymen# at the end of five years from the date of tMis resolution, all in accordance with the development agreement between the City of Dubuque and North Grandview Estates, LLC. Section 7. TF�at the City may install a portion ofi the water mains and servioe laterafs into each individual Iot. The costs associa#ed w'rth tk�is installation shall be reimbursed to th� City from the deveioper, his successors and assigns as each lot is sold, with a balloon payment at the end of fi�e years from #he date of this resofution, ail in accordance with the develapment agreement befiween the City of Dubuque and North Grand�iew Estates, LLC. Section 8. That the �nal acceptance of all public improvements shail occur upon certifrcation of the City Engineer#o the City Council that all pubtic �mpro�ements F�a�e been compieted in accordance with the improvement plans and City standard specifications and accept�d by City Council Reso�ution. Section 9. That in the ever�t North Grandview Estates, LLC fails to execute the acceptancE: and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions i�ereof shall be nu11 and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adop#ed this 5 t h day ot ��1 2006. � Roy D. ayor Attest: � L J anne F. Schneider, City Clerk File Number: 2006-00010536 Seq: 9 Page 10 of 10 , CERTIFI�CAT� 4� ClTY CLE�tK STATE t7F #OWA } ) C�UNTY U� DUBUQUE ) i, Jeanne F. Sct�neider, do hereby certi�jr that 1 am the duly appointed, quaiified, and acting C1erk of the City of Dubuque, Ivwa in the County a#oresaid, and as s�ch Cierk I have in my possessian or Ma�e access to t�e records of the proceedings o#t#�e City Council. I do further state#h�t the hereto attached �tesalution No. 308-06 is a correct copy af the origin�i Resotut�on.N�,o.3Q�-Q6, approved and �dopted by the City Council of the City of bubuque, lowa, at a �ession held by said Counc�l an#he 5"' day of July, 2006. In Testimony VlThereof, I hereunta set my hand and official seal of the City af pubuqt�e, lowa. Dated at Dubuque, lowa on ttris 7t" day ot July, 2006. � �� , Jeanne F. Sc#�ne�der, CMC � ,�{9 � Ciiy Clerk r � �� •�,�'° *�'�< <`'` �.�• , ,�'��,�e � � � . �{�� b� . b . � - �d�� . . �l�y/L' _ . : File Number: 2006-00010536 Seq: 10 Plat of Survey of: LOT 1-25 AND LOT A-25 OF NORTH GRANDVIEW ESTATES N0. 2, in the City of Dubuque, lowa. INDEX LEGEND Locatlon: Lot 25 North Grandview Estates No. 2 NW1�4 of Sec.14, T89N, R2E (Dubuque TWP), of the Sth P.M., Dubuque County, lowa Requestor: Rlck Ehrllch Proprletor: Ehrllch Propertles LLC PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, 10662 Dlesel Dr., Dubuque, IA 52001 DUBu4uE, IOwA 52001 PHONE: (563) 556-4389 Surveyor: Terry L. Koelker Company: Buesing & Assoclates, Inc. �z�z �o�ust st., oubuaue, iA szoo� SURVEYED PERIMETER Return To: tlkoelker�buesing.com (563) 556-4389 TOTAL AREA = 31,338 SF � LOT 26 0 o LOT 22 LOT 4 i z �i 20' SANITARY SEWER & � � � j U, i WATER MAW EASEMENT (� � °J � N88'01'15"E � A I � U' 70.86' W � � � i 10.00' z � i r, i Q � LOT 3 � i °� o'�� —"� i �,.i o�� --U,--U / � �u�i � Z i 10' i� � W LOT 23 i � � i iN88°01'15'E w W � LOT �, 54 03� �� z , A-25 ' ' �, , �e 2816 SF � LOT 2 � i 10' UTILITY � FOR �EASEMENT i FUTURE �i � STREET �i � i PURPOSES i ��• � �� ES , � , \^I , LOT 2-1-1 �i ��`�'� LOT 1 � � M� 359 � �R p�ND ; � �, ��R�N , ,, , � , , � z � SCA�E 1" — 60' ; � � �_ � �, ' Q � Z� ', ; � �� , �� i ' �� 0' 30' 00' � � � � � � � % �oT � % C� � �i � � � NORTH GRANDVIEW i N ��, LOT 1 -25 N �oT z4 ;� � ESTATES ; s � _ , � za,5zz sF �° � � ��, ' O � � �� w � ��, � � Z � o � , , o , w � � , � ', � � �oT � � i � NORTH GRANDVIEW i PLACE i i i i i i � LEGEND � � • 5�8" REROD (FOUND) j W� ORANGE CAP STAMPED "15487" � UNLESS NOTED OTHERWISE �i i � 9651 RED CAP STAMPED "9651" i 12631 YELLOW CAP STAMPED "12631" i � 7771 YELLOW CAP STAMPED "7771" i FYC FADED YELLOW CAP i � NC NO CAP � 9 L25' IRON PIPE FOUND i � UNLESS NOTED OTHERWISE i i P IRON PIPE � PROPERTY LINE �----------- ----52.49 J 63.32' S87'48'25"W 85.16' _ SURVEYED PROPERTY LINE 78 22, i2s3� — EXISTING EASEMENT LINE 70 26' ------------ RECORD DIMENSION — � ) LOT 14 � 5�8" REROD (PLACED) LOT 11 LOT 12 W� ORANGE CAP STAMPED "15487" BLOCK 6, MA YCREST SUB. #2 ROw RIGHT OF WAY SF S4UARE FEET CH CHORD LENGTH CURVE DATA CURVE CHORD CHORD RADIUS ARC DELTA BEARING LENGTH LENGTH C-3 S14°4729"E 83.02' 45.00' 105J0' 134°35'14" NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. C-3A S16°3702"W 52J5' 45.00' 56.37' 71°46'12" 2 THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. 3 SEE FILE 2006-00010536 — FINAL PLAT OF NORTH GRANDVIEW ESTATES C-3B S50°40'35"E 46.90' 45.00' 49.33' 62°49'02" NQ 2, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, �OWA. �� LAND � �� I HEf2EBY CEf2TIFY THAT THIS LAND SURVEYWS DOOUMENT WAS ��ESING �0�� 2 PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME \ �Ooo°°°°°ooSG�ii OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY ASSOCIATES WC. ;S o� �° G% LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA ENCINEERS AND SURVEYORS ��° TERRY L o�� 1212 LOCUST ST, DUBUQUE, IA =vo — (563) 556-4389 -— KOELKER o 0= _ °�= TERRY L. KOELKER (DATE) DRAWN BY: TPL CHECKED BY: TLK ;��° 15457 ° � LICENSE NUMBER 15487 SURVEY DATE 11�13�18 PLOT DATE 5�15�19 �� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2019 DWG. N0. 18041-03 SCALE: 1" = 60' �'��/�/,,,,°„",�,��°� SHEETS CO�RED BY THIS SEAL SHEETS 1 & 2 SHEET 1 OF 3 Doc ID: 010664630018 Type: GEN Kind: RESOLUTION Recorded: 01/25/2021 at 02:18:11 PM Fee Amt: $92.00 Paqe 1 of 18 Dubuque County Iowa John Murphy Recorder File2021-00001329 RECORDER'S COVER SHEET CITY OF DUBUQUE RESOLUTION NO. 8-21 Preparer Information: City of Dubuque, Iowa, 300 Main Street, Dubuque, Iowa 52001 Phone: (563) 583-4113 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Crenna Brumwell, Esq., 300 Main Street, Ste. 330, Dubuque, IA 52001 563-589-4100 Legal Description: See attached Grantors: City of Dubuque, Iowa Previously recorded documents: 2005-6151 Grantees: Ehrlich Properties, L.L.C. 9200 1 Qubque Cry Aitofney Prepared by: Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, (563) 583-4113 Return to: Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, (563) 583-4113 RESOLUTION NO. 8 -21 A RESOLUTION APPROVING MODIFICATIONS TO THE ORIGINAL APPROVAL OF PLANS AND THE FINAL PLAT OF NORTH GRANDVIEW ESTATES NO.2 IN 2006, IN THE CITY OF DUBUQUE, IOWA. Whereas, by resolution 308-06 the City Council approved a Final Plat of North Grandview Estates No. 2 in the City of Dubuque; attached as Exhibit A, and Whereas, the Final Plat and subsequent Agreement with the prior owner (Instrument No. 2005-6151), and Amended Agreement Inst. No. 2007-4829, laid out a plan and requirements for development of North Grandview Estates, No. 2; and Whereas, the development of North Grandview Estates No. 2 never came to fruition and a foreclosure of the property resulted in the property sitting idle for many years; and Whereas, Ehrlich Properties, L.L.C. (Developer) acquired the property in 2018 and desires to develop the property for housing; and Whereas, from the time the original Final Plat and plans were approved for the development a number of regulatory standards have changed making development according to the original plans impossible, and Whereas, City staff has worked with Developer to identify the components from the original plan, plat, and agreements which are still feasible and those requiring modification for compliance with current code provisions, and Whereas, Developer also acquired Lot 2-1-1 of Mineral Lot 359 in the City of Dubuque abutting North Grandview Estates No. 2 (hereinafter "Adjacent Property"); Whereas, the City and Developer are prepared to agree to a number of specific items to facilitate development of North Grandview Estates No. 2 and the Adjacent Property, including modifications to the previously approved plat, plans, and governing agreements which need to be memorialized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Developer understands that certain elements of the development are eligible for City assistance through a Housing Tax Increment Financing (TIF) Agreement and understands those elements cannot be constructed until a separate Housing Tax Increment Financing (TIF) Agreement is finalized and approved. The specific Housing TIF eligible elements include: Fiber Conduit and Vaults, Curb underdrain, and Private Retaining Wall. Section 2. Developer acknowledges reviewing all applicable plats, plans, and governing agreements related to the 2006 approval for the development to identify differences between 2006 standards and current standards. Section 3. Unless otherwise stated herein or approved as part of a modified plan approval, Developer agrees to the terms, conditions, and approvals contained in the previous plats, plans, and governing agreements. Section 4. Developer shall dedicate public right-of-way as shown on Exhibit B as Lot A of Lot 25 of North Grandview Estates No. 2. Section 5. Developer shall receive an easement from City for the retaining wall necessary for street construction, which in 2006 did not encroach on City right- of-way but with changes in standards must now be larger and will encroach on public right-of-way. Section 6. Developer understands the City holds $175,001 to be put toward the construction of Helen Ridge Court from which Developer may request reimbursement for the construction of Helen Ridge Court as follows: Upon completion of the street base, curb, and gutter and first lift of asphalt on Helen Ridge Court, Developer shall obtain City inspection and approval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures but not to exceed eighty-five percent (85%) of the funds held by the City. Upon completion of the second lift of asphalt Developer shall obtain City inspection and approval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures, but not to exceed the remaining fifteen percent (15%) of the funds held by the City. Section 7. City shall televise the previously installed water and sewer utilities to identify any necessary repairs. City may arrange for repairs or reimburse Developer for actual costs of necessary repairs. Developer shall submit actual costs for review and approval by City Section 8. Developer will install fiber conduit and vaults, curb underdrain, the larger retaining wall, and an entrance to a stub street off the Helen Ridge Court cul- de-sac as shown on Exhibit B as Lot A of Lot 25 of North Grandview Estates No. 2. to provide access to the Adjacent Property Section 9. Developer shall provide a 3% inspection fee for all public improvements. Section 10. Developer shall provide 110% securities for all public improvements except for street improvements, for the maintenance period of 2 years. Section 11. Developer shall reimburse City for water and sanitary sewer installation as will be outlined in the Housing TIF Agreement. Section 12. Developer shall ensure Developer possesses clear title to the detention pond lots, and upon confirmation of clear title, shall deed detention pond lots to City. Section 13. Developer understands and acknowledges the retaining wall will remain privately owned by Developer or the Developer's successors, assigns and/or transferees, and the City takes no ownership or maintenance interest or obligation for the retaining wall. Section 14. Developer agrees: To reduce Helen Ridge Court (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 and curb underdrain all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; To install sanitary sewer service laterals and water service laterals to the Adjacent Property (Lot 2-1-1 of Mineral Lot 359), and storm sewers and catch basins, boulevard street lighting and metered lighting controller, fiber. optic conduit and vaults, private retaining wall, curb ramps, and stub street extensions to Lot 2-1-1 of Mineral Lot 359, 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; 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; To construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; To maintain the above 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. However, this provision imposes no obligation on the owner or future owners to maintain the sanitary sewer service laterals, water service laterals, water main or sanitary sewer main excepting only the sanitary sewer service laterals and water service laterals to the Adjacent Property (Lot 2-1-1 of Mineral Lot 359); Section 15. That the City's residential street width standard is hereby waived to allow construction of Helen Ridge Court with 27-foot of paving and 42-foot of right- of- way. Parking on Helen Ridge Court shall be restricted to the north and west sides of the street. Section 16. 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 16-11-16. 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 17. The Developer will maintain the detention facilities constructed as part of North Grandview Estates Subdivision No. 2 until it has been fully completed and 80% of the sum of the platted lots in the entire North Grandview Estates No. 2 is fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (lots 10 and 12) shall be assessed against the lot owners of North Grandview Estates No. 2, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 18, 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 19. That in the event Developer fails to execute the acceptance and furnish the guarantees provided in Section 9 and 10 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Section 20. This Agreement is subject to City approval of the Amended Plat as submitted by the Developer. Passed, approved, and adopted this 9th day of January 2021. '/' D. x.--.� Roy D. Buol ayor Attest: 17• Adrienne N. Breitfelder CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE I, L Adrienne N. Breitfelder, 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. s-21 is a correct copy of the original Resolution No. _s-21 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 10 day of January In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this loth day of January , 2021. ACCEPTANCE OF RESOLUTION NO. 8 -21 I, the undersigned, R�c-yp,c� J C-kc Lc-4 , representing Erhlich Properties, L.L.C., having read the terms and conditions of the Resolution No. -20 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 -,YP-(-x-� L,I 2021. By hrlich Properties, L.L.C. State of Iowa ss: County of D ) On s �� da of v 0 2� , before me, a Notary Public in and for s d state, personally appeare 1 r (it-4 , to me known to be the person(s) named in and wh ecuted a r��acVnd.Aeed. trument and acknowledged that they executed the s e s the' v nta Notary Pu m e e of to Y i, Commissicn Pa:�mGer 1"�5Sa2 My Commis xpires: ..-..�.R. m...... _..,,.._._ -_ _ 111011111111111111 DOC IDK 005450770010 TYPe: OEN FeeoAdmt: $52 00/P&Q9 tt Of9108.36 Aft Du""; County Iova Kathy Flynn Thurlov Recorder FL1e2006-00010536 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: 563 5564389 FINAL PLAT OF NORTH GRANDVIEW ESTATES NO.2 THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. AS COMPRISED OF LOT 2 OF NORTH GRANDVIEW ESTATES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. P.O.B. 32nd ST. (64' R.O.W.) tam Ms SRArET' Is LOCAITD M =C11O1 1♦ E Te SB9'12'37'ets. IM OF M . SIN P , IN THE OTY 39� 93 —� S WIB'}4' E 464.40' OF anu0.[, oueua[ cawn. IorA i i $I LOT S7 ry; 1.283 AC ` FOR FUTURE DEVELOPMENT 1 4e.77 SfiT os LOT 36 ' k 9'JO'42"E `G /o,411 S.F. : e ri .4 I 0j� c ! LOT 3s /1,544 S.F. C_9 I ,� SB3'j5'OBi 1B3.6B' $ 18' WIDE STORM 4 %l SEWER EASEMENT .y JIy1 ��' S63'23'OB'E 104.19' 3 0 , BB.4j' , N; - LOT 34 % LOT /4 - m LOT /j w 10.734 S.F. 1,610 S.F. J.JIJ S.P. I i $, n LOT 13 )8 8.910 S.F. S D1TTfNTlON III* WIDE STORM - r SEWER EASEMENT i SB730'42'W SBC30'42w 113.07' j tfq.J l' - Na9'49•IS"IN 97.03' /7771__._ C-6 67.42SB2'J7'12-E IOj.7S. r ' 10' UTILITY i C-13 20.41' S 47.01' I ^ a 8; EASEMENT LOT J.7 7,40r S.F. i 15.12' I S"2'4Bw ^ I IT EASEMENT FOR ,R n I $ LOT 1S 9.615 S.F. i • I m \ O n PRIVATE SANITARY I r LOT 11 / Of _ i SEWER SERVICE LATERAL ' '^ ', /3,367 S.F. ' f - sh /7771 t, SBY30'42w I i \ LID __r_______ 0 __ h o � 132.46 - u � Lal nn SaBl6'SS'E 143.3a' Q _ V 8; Lor JY 8 ` g LOT 16 8,748 S.F. c I 3 :r a 7.400 S.r. o I W I ^ � 20' STORM IT SANITARY I I SEWER EASEMENT . > � - ' ______SE'QEB_E65EYEBJ_ _______________ i q ' 100.00'w n sa131.02w a, ___ _____ _______________ "'_'- i3L ^ I LOT /0-- 14616 S.F. I $; LOT 31 DSTSNTfON a 7.400 S.F. $ LOT 17 9.940 S.F. S66'16's3'E 136.e5' S69430142 W SBY30'42w 100.00' 129.34' ' � y LOT 9 ? c LOT JO $ LOT 18 I 7,100 S.F. S. $_ J.SJJ S.P. o � SB6'16'33� I32.74' ^1 3 ; S b se9'Jo'42w 3004 ; spY30•42w - t 121L07' ,^p LOT 6 N 1.414 m. }n CAD $i LOT f9 ? 7.400 S.F. -_ o $ LO Sa616 35'E 12B.6Y S./, _ MATCH LfNf •1 _____ _ _ ___ ^ __________ r _ _ — _ _ _ _ _ - _ i NATCN LlNf _ _ _ _ _ _ _ _ _ _ _ i Q NO -SCALE -� - - I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS SI Lilt LOT _..- 21 5• _5. gill" LAND AN D.•J' PREPARED AND THE RELATED SURVEY WORN WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERNSKW AND THAT I AM BUESING t ASSOCIATES 22 -•T 3' I �0,.:•• �9 f SY"• :4P ?: A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOW& ALL MONUMENTS WERE RACED OR SMALL BE PLACED CONSULTING ENGINEERS 1212 LOCUST STREET WITHIN ONE YEAR FROM THE GATE THAT iHl9 PUT IS RECORDED. DUBUQUE,2001 •IOVA 10 �. M15487I �A= 556-4389 STREET 10. i S t34p7 a IHASI c TERRY L ELMER • - DRAUN BY. TMP CHECKED BY, TLK EACH LOT 1N THIS SUBO[VISION I .yam 1 OVP• 4�' n1111111'1L1111N LICENSE MBER 13487 SNIV[Y DA1G 12/23/03 UTILITY EASEMENTS OF III' ON ALL STREET FRONTAGES AND Y OR ALL i1��1 MY LICENSE RENEWAL DATE IS DECEMBER 31. 2007 SCALE l' • 6C DVG 03�234�DVG�PINAL SIDE AND REAR LOT LINES OR AS ]0 0 NOTED. i e' SHEETS COVERED BT THIS SEK SHEETS I THITU 3 SHEET 1 ❑ F 6 Art :W'91 .E•_ Jf IIlfT'-f t[R IiTt�1:�FT'""�arr MAYCK'� GKd _ 8; ' $; LOT to 8 7.400 S.I. _ _ _ _ _ _ _ _ SD9'70'42'W 100.00' LOT se $ 7,400 S.I. j _ _ g _ _ $ LOT 19 SOS76'SS LOT S.I. -E 12842' n _ _ _ _ _ _ _ _ _ _ _ _ _ - _ SBV30'42`9 $ LOT 7 126.61' 9,217 S.I. S86'16'S5'E 124.51' n LOT to 9,315 S.F. _ _ ) i J NA JIM GK6 1� _ _ _ _ _ _ _ _ I n Yi n t ,•'8 %1 e� LOT 9 By' 4 Y7 7.959 S.I. 589'JO'421Y ' g' rc SB6.16'S3'E 1 , CAP LOT s7 atoa sr.Do b g LOT P7 a I • n also? S.I. n .� uj _ SFI�YfNL W t1lo SI. in h a Y I' Y/-- �1Z].6y?w --i`--------�_sD'4 ---p I, I I'4Z43 11 y' O s 10 SANITARY . Z I SEWER EASEMENT 'I Q CC ri X $ i LOT 26 7.769 S.F. j o H LOT PP $ LOT 4 9.071 S.F. ( 8.5" S.F. i -o ) C0 _ t1 02.29• S89.30.42-W c'A i SBW30'42'M O1 W I 70.86' 118.20' 14.41' tli CAP - ' LOT 3 $."a S.I. / ¢ -- -. 1 20' ITARY SEWER HATE MAIN EASEMENT { 1 LOT s..1 10' uT1LIT•I l.534 S.I. E S)4•u•I EASEMENT I• !r ry LOT P 70 0/32 i 7,027 S.l. r• V j n II A '1 LOT PS 7A41 LOT 1 o 2I,339 S.I. LOT PI 6,409 S.I. 30.3ss S.I. "., 10' unu7r �. EASEMENT EASEMENr 1.7?• •1' r" _, ( w LOT I-- o JVORTu CNANDVIEW ESTATBg IR 47.00� /7171 5' UTILITY EASEMENT ' to' UTIlry EASEMENT � I ,1 I \\ . SBT17'52-W IJ7.63' (137.65) 5/4' IP 85.16 52.49' 70_26' (70.10') I,13o.71___ �TIirt eaScMv- R LEGEND / R 11 14 0 FOUND 5/8' REROD V/PLASTC CAP RLSa%51 UNLESS OTHERWISE NOTED. BLOCK 6, AfARYCRL•.ST SUP. .NO. 2 9 FOUND V PIPE, UNLESS OTHERWISE NOTED. 0 PLACED 5/8' REROD V/ORANGE CAP NOTES, MARKED 'KOELKER 15487' NEW LOT LINE THIS PLAT I ALL MEASUREMENTS ARE IN FEET ANDDECIMALS THEREOF. FINAL PLAT BOUNDARY LINE 2 PROPRIETOR: NORTH GRANDVIEW ESTATES. LLC ----------------------- EASEMENT LINE 3. SURVEY REOUESTEO BY: DICK MENKEL - EXISTING LOT LINE 4. TOTAL AREA SURVEYED IM86 ACRES. 5. THIS PLAT IS SUBJECT TO ALL RIGHT OF WAYS AND EASEMENTS 1 ) RECORDED DIMENSION OF RECORD AND NOT OF RECORD. P.O.R. POINT OF BEGINNING 6. UTILITY EASEMENT CREATED BY THIS PLAT ARE FDR ELECTRIC. ROW RIGHT OF WAY TELEPHONE, CABLE TV, GAS. STORM SEVER. UNLESS OTHERWISE NOTED. AC ACRES 10• UTILITY EASEMENT ALONG STREET SMALL ALSO BE USED FOR IR IRON ROD SANITARY SEVER AND WATER MAIM CAP FADED YELLOW CAP YELLOW CAP W/ RLSA7771 :7771 12631 YELLOW CAP V/ RLSX1263I 8 CURVE TABLE. CURVE DELTA I RADIUS ARC CHORD CHORD BEARING C-1 37.33'41' 43D0 29.33 29.00 SIB'19'33'W C-2 62.1758' 43DO 48.93 46.56 S68'IS•22'V C-3 134.35.14' 45.0D 105.70 83.03 N13•18'02-V C-4 20'21'26• 45.00 16.99 15,91 N64.10.18'E C-5 74'50'19' 2000 26.12 24.31 N36'55'52'E C-6 3'44'58' 146,00 9.56 9.35 NL•23'12•E C-7 25.51'S3' 146.00 65.91 65.33 NL6•11•37-E C-8 29'0215' 14640 174.00 7321 N43'38'46E C-9 36.24.54' 146.00 92.79 9124 N76.22.25'E C-10 95.04.10- 146DO 24225 MAO S47.02'47-V C-It 95.04'10- 164.00 172.57 153.44 S47.0247•V C-12 92'1742' 104.00 167.53 149.99 N48-26.01-E C-13 2.46'28• 104AO 5.04 904 NO.53'56•E C-14 2'46'55' 913.DO 44,33 44.33 S18'47.11'V C-15 4.03.4V 91300 64.73 64.72 S15'21'4VV C-16 4.04.26' 9L3D0 64.92 14.90 211.17'43•V C-17 4-08.06- 913It 65.89 65.88 S7.11.27-v C-18 0'31-18' 1 9Q.00 1 t3.63 113.67 S4`41'45'W C-19 I L3-54-33-1 9t300 253.51 252.70 S12't3'22'V FiIF: Wilt tSP.r.'.• 2 Sheet 3 of 6 Surveyor's Certificate Dubuque, Iowa 2006 I hereby certify that the plat shown on sheets 1, & 2 of 6 hereof, is a true and correct FINAL PLAT OF NORTH GRANDVIEW ESTATES No. 21N THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA as comprised of Lot 2 of North Grandview Estates in the City of Dubuque, Dubuque County, Iowa according to the recorded plats thereof, subject to easements of record and not of record. The perimeter boundary of NORTH GRANDVIEW ESTATES No. 2 was surveyed by me and is more particularly described as follows: NORTH GRANDVIEW ESTATES No. 2 Commencing at the Northeast corner of Lot 1-1-1 of Mineral Lot 359 in Section 14, T89N, R2E, of the 5th P.M., Dubuque County, Iowa, said point being the Point Of Beginning; Thence South 88' 18' 34" East (this is an assumed bearing for the purposes of this survey only), along the South Right of Way (R.O.W.) line of 32nd Street, a distance of 464.40 feet to the intersection of said South R.O.W. line and the West R.O.W. line of North Grandview Avenue; Thence South 6" 35' 08" West along said R.O.W. line, a distance of 350.00 feet; Thence South 4° 16' 06" West along said R.O.W. line, a distance of 397.42 feet; Thence Southwesterly along said R.O.W. line a distance of 253.51 feet along the Arc of a 913.00 foot radius curve to the right, of which the chord distance is 252.70 feet and chord bearing of South 12" 13' 22" West; Thence South 20° 10' 38" West along said R.O.W. line, a distance of 93.94 feet to the Northeast corner of Lot i of North Grandview Estates; Thence North 69° 49' 22" West, along the Northerly line of said Lot 1, a distance of 96.72 feet; Thence South 16" 52' 04" West, along the Westerly line of said Lot 1, a distance of 70.07 feet to the Southwest corner of said Lot 1; Thence South 69" 47' 41" East, along the Southerly line of said Lot 1, a distance of 7.68 feet to the Northwest corner of Lot 1 of North Grandview Place; Thence South 20° 12'19" West, along the Westerly line of said Lot 1, a distance of 162.40 feet to the North line of Block 6 of MaryCrest Subdivision No. 2; Thence South 89° 17' 52" West, along the North lines of Lots 14, 12 and 11 of said Block 6, a distance of 137.65 feet to the Southeast corner of Lot 2-1-1 of Mineral Lot 3% Thence North 0' 29' 18" West, along the East lines of Lot 2-1-1 of Mineral Lot 359 and Lot 1-1-1 of Mineral Lot 359, a distance of 1283.33 feet to the Point Of Beginning. The total surveyed area of North Grandview Estates No. 2 is 10.86 acres. The Surveyed area is 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 I am a duly licensed Land Surveyor under the laws of the State of Iowa. All monuments were placed or shall be placed within one year from the date that this plat is recorded. May 31 200A, TERRY t. KOELKER DATE'LICENSED LAND SURVEYOR REGISTRATION # 15487 REG. RENEWAL 12/31/07 File Number: 2006-00010536 Seq.- 3 Sheet 4 of 6 Owners Consent Dubuque, Iowa , 2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No. 2 IN THE CITY, OF DUBUQUE, 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. We hereby dedicate, Lot A (Helen Ridge Court) and all easements shown to the public. North Grandview Estates, L.L.C. Richard Henkel, Pr 'Tel State of Iowa ) County of Dubuque) ss: On this day of AD 2006, before me De6oraA A. M bvnoc:cq%,A Notary Public in and for the State of Iowa, appeared Richard Henkel to me personally known, who, being duly sworn did say that said Richard Henkel is President of North Grandview Estates, L.L.C., that the seat affixed to the above instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors, and that said Richard Henkel, President acknowledged the execution of said instrumer*Ao- ,the voluntary act and deed of said Corporation by it voluntarily executed.p-;10J�}r tiG ,�,•. o�,� r;a a: y: Witness my hand and Notarial Seal on the date ove wvntte _ r ;4 C6CO Notary Public in and forf th State of to `.•cad. Devornh R •a Dorlaugfi Exp��s Nr fib."1�.': Attorney's Certificate Dubuque, Iowa June 1 2006 TO WHOM IT MAY CONCERN: This will certify that I have examined the abstract of title covering Lot 2 of North Grandview Estates in the City of Dubuque, Dubuque County, Iowa according to plats thereof covering the period from government entry to May 15, 2006 certified on that date by Dubuque County Abstract & Title Co and find that said abstract shows good and merchantable title to said real estate in north Crandvie—w_-Estates, L.L.C. free and clear of all liens and encumbrances and shows taxes paid i cluding taxes for the year , Subject to 1st mortgage to DuTrac Community Credit ion dated )Decem� 1tirY<<' c- Jotei)h J. Bi TER LAW OFFICES Locust Street uque, IA 52001 -588-4608 File Number: 2006-00010536 Seq-. 4 i ! fig' , j• , Sheet 5 of 6 County Treasurer's Certificate..; Dubuque, Iowa "'' 2006 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against Lot 2 of North Grandview Estates in the City of Dubuque, Dubuque'County, Iowa, have been paid and said real estate is free from taxes as of this date. Treasurer of Dubuque County, Iowa CRY of Dubuque Zoning Advisory Commission Dubuque, Iowa Djh�Z—,L_, 2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA and the dedication of Lot A (Helen Ridge Court) and aft easements shown to the public. is hereby approved by City Zoning Advisory Commission of the City of Dubuque, Iowa and approval of said plat by the City Council of the City of Dubuque is h1— isy recommAnd. By:Zoning Advis on of the City of Dubuque, IA City of Dubuque, Iowa Dubuque, Iowa r 2006 The undersigned, Roy D. Buol, Mayor and Jeanne Schneider, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA and the dedication of Lot A (Helen Ridge Court) and all easements to the public, as appears heretofore has been filed in the office of they Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat. City of of the City of Dubuque, IA County Auditors Certificate Dubuque, Iowa TOA, Z"l 2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA was entered of record in the Office of the Dubuque oun( llluditor this z1 �r �l 14, day of 1zRt " , 2006. \y� Dubuque County Auditor of D !owa. �ti'-4� File Number: 2006-00010536 Seq: 5 Sheet 6 of 6 BANK CONSENT Dutrac Community Credit Union of Dubuque, Iowa hereby states that it is the mortgagee of a mortgage instrument No. of the records of Dubuque County, Iowa on real estate described as follows: LOT 2 OF NORTH GRANDVIEW ESTATES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Dutrac Community Credit Union of Dubuque, Iowa hereby consents to the FINAL PLAT OF NORTH GRANDVIEW ESTATES No. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Dated this 3 04k day of —T vim_ , 2006 Dutrac Community Credit Union n//llof DUBUQUE, IOWA BY:�f" 9 • rgAl _ Thomas O. Fillman, Business Relationship Manager State of Iowa ) County of Dubuque ) ss: On this J ON day of wvt e , AD 2006, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Thomas Fillman, to me personally known, who being by me duly sworn, did state that he is the Business Relationship Manager of Dutrac Community Credit Union of Dubuque, Iowa of the corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said Corporation by authority of its Board of Directors, and that Thomas Fillman as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written_ BREN04 HERBER —rotary Public in and for the State of Iowa •; Commhk on NumMr 70S 0 �� Yy Gov�in��o, Eipins°� �k�f0 City Assessor's Certificate Dubuque, Iowa l u x J_' , 2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA was entered of record in the Office of the City Assessor of the County of Dubuque, Iowa, on the date first written above. City Assessor, o y o u , owa Recorder's Certificate 2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No. 21N THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA has been reviewed by the Dubuque County Recorder. Dubuqud/Coun Recorder File Number: 2006-00010536 Sect: 6 Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 Return to: Jeanne Schneider, City Cleric Address: City Hall, 50 W. 13th Street Telephone: 589-4120 RESOLUTION NO. 3 0 s - 06 A RESOLUTION APPROVING THE FINAL PLAT OF NORTH GRANDVIEW ESTATES NO. 2 IN THE CITY OF DUBUQUE, IOWA, Whereas, there has been filed with the City Clerk a Final Plat of North Grandview Estates No. 2 in the City of Dubuque, Iowa; and; Whereas, upon said final plat appears a street to be known as Helen Ridge Court (Lot A), together with certain public utility storm and sanitary sewer easements and storm water detention basins (Lots 10 and 12) all in North Grandview Estates No. 2, which the owner, by said final plat, has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 3 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 Helen Ridge Court (Lot A), and the easements for public utilities, sanitary sewer and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of North Grandview Estates No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse File Number: 2006-00010536 Seq: Resolution No. -06 Page 2 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 Helen Ridge Court (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, 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 sanitary sewer and service laterals, water mains and water service laterals into each individual lot, 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 construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; (e) To maintain the above 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 North Grandview Estates, LLC, as owner 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. That the City's residential street width standard is hereby waived to allow construction of Helen Ridge Court with 27-foot of paving and 42-foot of right-of- way. Parking on Helen Ridge Court shall be restricted to the north and west sides of the street. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights -of -way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. File Number: 2006-00010536 Seq: Resolution No. -06 Page 3 Section 5. The developer will maintain the detention facilities constructed as part of North Grandview Estates Subdivision No. 2 until it has been fully completed and 80% of the sum of the platted lots in the entire North Grandview Estates No. 2 is fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lots 10 and 12) shall be assessed against the lot owners of North Grandview Estates No. 2, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the City may install a portion of the sanitary sewer mains and sewer service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and North Grandview Estates, LLC. Section 7. That the City may install a portion of the water mains and service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and North Grandview Estates, LLC. Section 8. 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 9. That in the event North Grandview Estates, LLC fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 5 t h Attest: J anne F. Schneider, City Clerk day of J u l 2006. Roy D. ayor File Number: 2006-00010536 Seq: CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUOUE 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. 301-06 is a correct copy of the original Resolution No. 39"6 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 5'h day of July, 2006. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 7t' day of July, 2006. eanne F. Schneider, CIVIC City Clerk File Number: 2006-00010536 Seq: 1 Plat of Survey of: LOT 1-25 AND LOT A-25 OF NORTH GRANDVIEW ESTATES NO. 2, in the City of Dubuque, Iowa. INDEX LEGEND Location: Lot 25 North Grandview Estates No. 2 NW1/4 of Sec.14, T89N, R2E (Dubuque TWP), of the 5th P.M., Dubuque County, Iowa Requestor: Rick Ehrlich Proprietor: Ehrlich Properties LLC 10662 Diesel Dr., Dubuque, IA 52001 Surveyor: Terry L. Koelker Company. Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tlkoelker@buesing.com (563) 556-4389 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA 52001 PHONE: (563) 556-4389 SURVEYED PERIMETER TOTAL AREA = 31,338 SF j LOT 26 0 0 LOT 22 LOT 4 i Z I 20' SANITARY SEWER & �— I WATER MAIN EASEMENT 0 1 40 I N88'01'15"E / N I 70.86' Li.l / f / 10.00' iZ M r1 I Q LOT 3 / W U / 10' W LOT 23 LLI / LOT IIN854.03' r A-25 mph 0' 2816 SF L 10' UTILITY LOT 2 FOR I EASEMENT / FUTURE STREET PURPOSES ^ i I G PEES , \nI ESQ , LOT 2-1-1 v�E`1'� LOT 1 ML 359 I R p,ND r RJ 4tj Z SCALE 1 " = 60' _ �'��_ p ' Z DLno I / 0' 30' 60' i LOT 1 00 i �' NORTH GRANDVIEW i ^7 LOT 1- 25 w LOT 24 ` ESTATES i 28,522 SF 01 OD/ 3 O LOT 1 I NORTH GRANDVIEW / PLACE I , 1 / I , I / LEGEND / • 5/8" REROD (FOUND) W/ ORANGE CAP STAMPED "15487" I / UNLESS NOTED OTHERWISE 9651 RED CAP STAMPED "9651" / 12631 YELLOW CAP STAMPED "12631" / 7771 YELLOW CAP STAMPED "7771" / FYC FADED YELLOW CAP I NC NO CAP / 6 1.25" IRON PIPE FOUND UNLESS NOTED OTHERWISE / IP IRON PIPE ---- J 52.49 PROPERTY LINE 63.32' S87'48'25"W 85.16' SURVEYED PROPERTY LINE 78.22'---__ 12-31__ -------------- EXISTING EASEMENT LINE 70.26' ---------------- ( ) RECORD DIMENSION -------- --_-_- LOT 12 LOT 14 O 5/8" REROD (PLACED) LOT 11 W/ ORANGE CAP STAMPED "15487" BLOCK 6, MA YCREST SUB. #2 ROW RIGHT OF WAY SF SQUARE FEET CURVE DATA CH CHORD LENGTH CURVE CHORD BEARING CHORD LENGTH RADIUS ARC LENGTH DELTA C-3 S14'47'29"E 83.02' 45.00' 105.70' 134'35'14" NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. C-3A S16'37'02"W 52.75' 45.00' 56.37' 71'46'12" 2• THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. 3. SEE FILE 2006-00010536 - FINAL PLAT OF NORTH GRANDVIEW ESTATES C-3131 S50'40'35"E 46.90' 45.00' 49.33' 6249'02" NO. 2, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS \U\p`IIIIID//// PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME i ;0��NO �0,.••'••�i� OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DUL' ? _: •• G % LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. V TERRY L. , J• KOELKER * 0 = c TERRY L. KOELKER (DATE) 15487 = LICENSE NUMBER 15487 ��"• •" *�� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2019 % IIIIDIIIINIIIA\\\\\\0\\�\�� SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 4BUEASIINNG ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, IA (563) 556-4389 4 BY: TPL CHECKED BY: TLK :Y DATE: 11/13/18 PLOT DATE: 5/15/19 NO. 18041-03 SCALE: 1" = 60' SHEET 1 OF 3