Acquisition Plat of Silver Oaks Estates - Royal Oaks Development Corporation Property Copyrig hted
April 5, 2021
City of Dubuque Consent Items # 12.
City Council Meeting
ITEM TITLE: Royal Oaks Development Corporation Property- Silver Oaks Drive
Right-of-Way Plat and Dedication
SUM MARY: City Manager recommending approval of the Acquisition Plat of Lot B of
Silver Oaks Estates in the City of Dubuque, lowa, and acceptance of the
dedication of said lot for street right-of-way and public utilities purposes.
RESOLUTION Approving the Acquisition Plat of Lot B of Silver Oaks
Estates, in the City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Silver Oaks Right of Way Plat and Dedication-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Dedication Plat Supporting Documentation
Silver Oaks DevelopmentAgreement Supporting Documentation
Dubuque
THE CITY OF �
ui-Aseria cih
DuB E , . � . ,
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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: Royal Oaks Development Corporation Property - Silver Oaks Drive Right-
of-Way Plat and Dedication
DATE: March 30, 2021
City Engineer Gus Psihoyos recommends City Council approval of the Acquisition Plat
of Lot B of Silver Oaks Estates in the City of Dubuque, lowa, and acceptance of the
dedication of said lot for street right-of-way and public utilities purposes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CITY OF �
All•pmerisa Ci$
Du8 E �m��,��, h�
, � �.� ,
I I
MRste iece on the MisSiSsi i zoo�.zoiz=zois
� pp zoi�*zoi�
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: March 26, 2021
SUBJECT: Royal Oaks Development Corporation Property— Silver Oaks Drive Right
of Way Plat and Dedication
INTRODUCTION
This memo provides information regarding the platting and acceptance of right of way
property along Silver Oaks Drive from Royal Oaks Development Corporation (RODC)
for the development of Silver Oaks Estates, in the City of Dubuque, lowa.
BACKGROUND
The City of Dubuque is party to a Subdivision Development Agreement with Royal Oaks
Development Corporation, dated April 22, 2020, for construction of public improvements
and the dedication of public street right of way and associated easements over parts of
Silver Oaks Estates, Walter Metcalf Place, and Lot A of Silver Oaks, in the City of
Dubuque.
The developer has recently completed the construction of subdivision improvements
including streets with longitudinal subdrains and concrete curb and gutter, a paved cul-
de-sac, sanitary sewer mains, water mains, a storm water detention basin, storm
sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults,
accessible sidewalk ramps, concrete sidewalks, and appropriate erosion control devices
at to the site in accordance with City plans and specifications. The right of way is being
dedicated to the City for the ownership and on-going maintenance of the Silver Oaks
Drive and cul-de-sac pavement. A request for the formal acceptance of the public street
and utility improvements is scheduled for the April 19t" 2021 City Council meeting.
DISCUSSION
In order to dedicate the right of way area to the City the right of way of Silver Oaks Drive
needs to be platted. The platting of this area has been coordinated with the owners of
the property and they have signed and consented to the plat. Weber Surveying, LLC,
has prepared an acquisition plat to provide the right of way area. The area being
platted will be dedicated to the public for Silver Oaks Drive right of way purposes,
including streets and utilities.
BUDGETIMPACT
Per the development agreement, RODC is dedicating the street right of way area at no
cost.
RECOMMENDATION
I recommend that the City Council approve the Acquisition Plat Lot B of Silver Oaks
Estates, in the City of Dubuque, lowa.
ACTION TO BE TAKEN
I respectfully request approval of the Acquisition Plat of Lot B of Silver Oaks Estates, in
the City of Dubuque, lowa, and acceptance of the dedication of said lot for street Right
of Way and public utilities purposes, through the adoption of the enclosed resolution.
Prepared by: Nate Kieffer, PLS
cc. John Klosterman, Public Works Director
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder, City Clerk, 50 W. 13th Street, Dubuque IA 52001 (563) 589-4100
RESOLUTION NO. 95-21
APPROVING THE ACQUISITION PLAT OF LOT B OF SILVER OAKS
ESTATES, IN THE CITY OF DUBUQUE, IOWA
Whereas, Royal Oaks Development Corporation (RODC) and the City of
Dubuque have entered into a Subdivision Development Agreement dated April 22,
2020, a copy of which is attached hereto, for the development of Silver Oaks
Estates, in the City of Dubuque, Iowa; and
Whereas, said development agreement requires RODC to dedicate the
Silver Oaks Drive street right of way and associated cul-de-sac right of way to the
City of Dubuque; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, an Acquisition Plat dated March 12, 2021 prepared by Weber
Surveying, LLC describing Lot B of Silver Oaks Estates, in the City of Dubuque,
Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto;
Ml
Whereas, upon said plat appears Lot B, which Royal Oaks Development
Corporation, by said plat have dedicated to the public forever; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated March 12, 2021 prepared by Weber
Surveying, LLC, 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 and on behalf of the City of Dubuque,
Iowa.
Section 2. That the dedication of Lot B of Silver Oaks Estates, in the City of
Dubuque, Iowa, for Right of Way (Silver Oaks Drive) and public utilities purposes,
as it appears on said Acquisition Plat, be and the same is hereby accepted.
Section 3. 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 5t" day of April 20 1.
-� V , Z'�
Roy D. Buol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE
ACQUISITION PLAT
PLAT OF SURVEY OF LOT B OF SILVER OAKS
ESTATES IN THE CITY OF DUBUQUE, IOWA
COUNTY DUBUQUE PARCEL NO. NA JOB NO. NA
PROJECT NO. NA SECTI❑N 23 TWP 88N RANGE 2E
<� ^\ ROW FEE SEE BELOW EXIST. ROAD NA PERM. EASEM'T NA
11 �� LEGAL DESCRIPTION: LOT B, SILVER OAKS ESTATES, CITY OF DUBUQUE
�.� LOT 37 ��, OWNER: ROYAL OAKS DEVELOPMENT C❑RP❑RATI❑N
AREA OF LOT
i S B IN LOT 37
S6• ROW=0.19 AC
LOT B OF SILVER OAKS ESTATES
LOT 36 �/'�gTER �q�fOD IN THE CITY OF DUBUQUE
AREA OF LOT / DO�AkS f A�RfS ACQUISITI❑N AREA = 2.41 AC
B IN LOT 36 / / eOO�STAT
P.0,B, , , C\ ROW=0.16 AC / LOT 35 13 ES
LOT 2 / AREA OF LOT / S46j
WALTER 6 66.00' ��\ S / B IN LOT 35 / / LOT 34
MEPLACETCALF L5 1 C, \\..... Sj� ��R 642? 9 W=0.15 AC / BR
IN LOOT 34 j //
(PLAT D36 1 /Qqk ��\F // / ROW=0.15 AC / LOT 33 / �\
1987-7436) 1 /
EXISTING
OVERLAND I LOT 38 \/� i �\ S\ DRjVF4 EXISTING 10' / AREA OF LOT // / LOT 32 \�
�\� UTILITY EASEMENT B IN LOT 33 /
TYPICAL ROW=0.16 AC
DRAINAGE & 1 AREA OF LOT 64 22. / / / AREA OF LOT
UTILITY B IN LOT 38 / / 4g•. / / / B IN LOT 32
EASEMENT `\ ROW=0.48 AC LOT 39 g22 j \ C2J �\ S �8'3Jr.0 i ROW=0.16 AC
--------_ / / AREA OF LOT /7 I -,�4.81 /
B IN LOT 39 / / LOT 40
\���`�/ / ROW=0.15 AC / / \ C / / LOT 31
0' 100, 200' / / 6 / �� `'66.00' / /
�� AREA OF LOT � / - - C3 / / AREA OF LOT
B IN LOT 40 / / \ / / B IN LOT 31
/ ROW=0.15 AC / �335,0� r� �� ROW=0.14 AC
SCALE IN FEET \� ��\ /� LOT 41 784 81
5„ W \\ \ 2
SCALE: 1" = 200' / / AREA OF LOT
/ // B IN LOT 41 LOT ❑T 2
CVTCTTAIG L
ln, \\%�``./ / ROW=0.16 AC / / 1-42
Doc ID: 010709080008 Type: GEN
Kind: SURVEY PLAT
Recorded: 04/06/2021 at 04:05:15 PM
Fee Amt: $42.00 Paqe i of 8
Dubuque County Iowa
John Murphy Recorder
File2021-00005371
PREPARED BY: MICHAEL J. WEBER, WEBER SURVEYING, LLC, 26789 46TH AVE, BERNARD, IA 52032 (563) 879-4173
Index Legend
Location: Lot B, Silver Oaks Estates, Dubuque, IA
Requestor: A. J. Spiegel
Proprietor: Royal Oaks Development Corporation
Surveyor: Michael J. Weber
Surveyor Company: Weber Surveying, LLC
& Return To: 26789 46th AVE, Bernard, IA 52032
mjweberl@bernardtel.com 563-590-4993
LINE
L1
BEARING
N 41'06'22" E
DISTANCE
83.32'
_ � � .� V J (PLAT ,❑AKSK // / / �b O
UTILITY EASEMENT /
/ ESTATES /4
/ DOC. ND. C h OL2
TYPICAL >FOR
��/2019-13528) N❑. 2L4
EASE\DOC NO. /�� �Q:-L5
PIPE2021-3900) /
INSTR. NO. 1405-91 (� LOT 1
& PREVIOUS RECORDED 66,00' PRIVATE /
�/ SILVER OAKS
ROADWAY & i / �Q'�/ 1
S 56'01'02" E
46.73'
L3
N 56'01'02" W
17.18'
S 48'38'24" W
20.39'
S 89'59'26" W
48.01'
L6
N 29'00'46" W
57.43'
L7
N 55'48'17" W
131.92'
EASEMENT UTILITY i�� j/�� ESTATES NO. 2
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
Cl
967.00'
126.35'
126.26'
S 60'38'14" E
7*29'11"
C2
967.00'
155.35'
155.18'
S 68'58'57" E
9'12'16"
C3
1033.00'
316.73'
315.49'
S 64'48'03" E
17'34'03"
C4
50.00'
127.74'
95.73'
N 57'22'23" W
146'22'49"
C5
967.00'
230.29'
229.75'
N 66'45'44" W
13'38'42'-
C6
1033.00'
165.95'
165.77'
N 68'58'57" W
9' 12' 16"
C7
1 1033.00'
1 134.97'
1 134.88'
1 N 60'38' 14" W
7'29' 1 1 "
EASEMENT 9 (PLAT DOC. NO.
2021-3900)
i i J
AREA OF LOT B IN LOT 1,
SILVER OAKS ESTATES NO. 2
NET =0.002 AC (95 SF)
ROW=0.268 AC
LOT A TOTAL 0.270 AC
SILVER OAKS
(PLAT D❑C. N❑, AREA OF LOT B
2015-3342) IN LOT A SILVER OAKS
NOTES: anv=nn9 Ar
1. ALL MEASUREMENTS ARE IN
FEET AND DECIMALS THEREOF.
2. THIS PLAT IS SUBJECT TO
RIGHT OF WAY AND EASEMENTS
OF RECORD AND NOT OF RECORD
SURVEYED LINE
- - - - - - EXISTING EASEMENT LINE
EXISTING PROPERTY LINE
RECORDED DIMENSION
P,O.B,
POINT OF BEGINNING
ROW
RIGHT OF WAY
AC
ACRES
SF
SQUARE FEET
PLACED 5/8' DIA.
0 STEEL REROD W/ORANGE
PLASTIC CAP MARKED
'WEBER PLS 15084'
I HgREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS WEBER SURVEYING, LLC
LAND/////q/i PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR 26789 46TH AVE
""""",o"`rG�i�'�i UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY BERNARD, IA 52032
LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
a` �> PH: (563) 879-4173
=moo MICHAEL JO�_ J qy�� I2 1lil� FAX: (563) 879-4199
=tee WEBER ^�= MlIfWAEL J. WEB R (DATE) DRAWN BY: MJW
15084 c LICENSE NUMBE 15084 SURVEY DATE: 02/01/21
/%/ ,�"(]WP"^�� MY LICENSE RENEWAL DATE IS DECEMBER 31,2021) L DWG. 20018
////1111111111111110 SHEETS COVERED BY THIS SEAL si\-V jj - SHEET 1 ❑ f S
�'42"0o City ENGINEER
Sheet 2 of 5
Surveyor's Certificate
PARCEL DESCRIPTION
Lot B of Silver Oaks Estates in the City of Dubuque, Iowa more particularly described
as follows: Commencing at the NW corner of Lot 2 of Walter Metcalf Place being the
point of beginning; thence N 41 °06'22" E (assumed bearing), 83.32' along the Easterly
Right of Way (ROW) of Elmwood Drive; thence S 56053'38" E, 216.73' along the
Northerly ROW line of Silver Oaks Drive; thence along said ROW line being a curve
turning to the left with an arc length of 126.35', with a radius of 967.00', with a chord
bearing of S 60038'14" E, with a chord length of 126.26'; thence S 64022'49" E, 422.71'
along said ROW line; thence along said ROW line being a curve turning to the left with
an arc length of 155.35', with a radius of 967.00', with a chord bearing of S 68058,57" E,
with a chord length of 155.18'; thence S 73035'05" E, 184.81' along said ROW line;
thence along said ROW line being a curve turning to the right with an arc length of
316.73', with a radius of 1033.00', with a chord bearing of S 64048'03" E, with a chord
length of 315.49'; thence S 56001'02" E, 46.73' along said ROW line; thence S
33058'58" W, 66.00' to the Southerly ROW line of Silver Oaks Drive; thence N
56001'02" E, 17.18' along said ROW line; thence along a curve turning to the right with
an arc length of 127.74', with a radius of 50.00', with a chord bearing of N 57022'23" W,
with a chord length of 95.73' to the Southerly ROW line of Silver Oaks Drive; thence
along said ROW line being a curve turning to the left with an arc length of 230.29', with
a radius of 967.00', with a chord bearing of N 66045'44" W, with a chord length of
229.75'; thence N 73035'05" W, 184.81' along said ROW line; thence along said ROW
line being a curve turning to the right with an arc length of 165.95', with a radius of
1033.00', with a chord bearing of N 68°58'57" W, with a chord length of 165.77'; thence
N 64022'49" W, 422.71' along said ROW line; thence along said ROW line being a
curve turning to the right with an arc length of 134.97', with a radius of 1033.00', with a
chord bearing of N 60°38'14" W, with a chord length of 134.88'; thence S 48038'24" W,
20.39' along said ROW line to the NE corner of Lot 2 of Walter Metcalf Place; thence S
89°59'26" W, 48.01' along the North line of said Lot 2; thence N 29000'46" W, 57.43'
along the North line of said Lot 2; thence N 55048'17" W, 131.92' along the North line of
said Lot 2 to the point of beginning, containing 2.41 acres and subject to 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
lice=1andsr u der the laws of the State of Iowa.
BY G ►-C Z 21
Michael J. Wober Date
Licensed Land Surveyor
License No. 15084 License Renewal Date: 12/31/21
Sheet 3 of 5
Owner's Consent
Dubuque, Iowa "%r 4 36) , 2021
The foregoing acquisition plat of Lot B of SILVER OAKS ESTATES in the City of Dubuque,
Iowa, is made with the free consent and in accordance with the desires of the undersigned
owners and proprietors. We hereby dedicate said Lot B to the public for street right of way and
utility purposes.
Royal me orporation
l
Vhomas J. Allendorf
ice President
State of Iowa )
) ss:
County of Dubuque )
On this 30 --14 day of al-rC `l AD 2021, before me the
undersigned, A Notary Public in and for the State of Iowa, personally appeared Thomas J.
Allendorf to me personally known, who, being by me duly sworn, did say that he is the Vice
President of Royal Oaks Development Corporation; that no seal has been procured by the said
corporation that said instrument was signed on behalf of said Corporation by authority of its
Board of Directors, and the said Thomas J. Allendorf, Vice President of Royal Oaks
Development Corporation acknowledged the execution of said instrument to be the voluntary
act and deed of said Corporation by it and by him voluntarily executed.
WOE
UMCo822958 N ry Public in and for the State of Iowa
xP02es
Dubuque, Iowa
Sheet 4 of 5
City of Dubuque Planning Services / /
'7 " 'e-- , 2021
The foregoing acquisition plat of Lot B of SILVER OAKS ESTATES in the City of Dubuque, 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 t ity of Dubuque,
in accordance with Title 16 of the City of Dubuque Code of ances, d s0 approval has
been endorsed herein on the date first written above. �j /1
Plapfj�S%,ice�rtment, C
Ci of D e, I a
City of Dubuque, Iowa
Dubuque, Iowa A r, 2021
�r;erll!c NQ�e�i�l�er
The undersigned, Roy D. Buol, Mayor and Clerk of the City of Dubuque,
Iowa, do hereby certify that the foregoing acquisition plat of Lot B of SILVER OAKS ESTATES
in the City of Dubuque, Iowa, and the dedication of Lot B of SILVER OAKS ESTATES to the
public for street right of way and utility purposes, as appears heretofore has been filed on
the 5'" day of Apr; 1 , 2021 as Resolution No. q5-a i , in
the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque,
Iowa approves said plat.
Mayor oft ity of Dubuque, Iowa
-ter.
Clerk of the City of Dubuque, owa
Sheet 5 of 5
City Assessor fG,
Dubuque, Iowa *r--1 6 , 2021
The foregoing acquisition plat of Lot B of SILVER OAKS ESTATES in the City of Dubuque,
Iowa was entered of record in the Office of the City of Dubuque Assessor on the date first
written above.
Sc SS
City Asiessor"of the City of Dubuque Iowa
County Auditor f P
• Eyi� rL n'��1
Dubuque, Iowa , 20",i�,
The foregoing acquisition plat of Lot B of SILVER OAKS ESTATES in the,ty of Dubuque,a
Iowa was entered of record in the office of the Dubuque County Auditor
this kQ'r'' day of hip , 2021.
T ,07
We approve of the subdivision name or title to be recorded
y4
Cou nty'JAuditor oY DO buque County
Recorder's Certificate
Dubuque, Iowa
Aj)rlj 2021
The foregoing acquisition plat of Lot B of SILVER OAKS ESTATES in the City of Dubuque,
Iowa, has been reviewed by the Dubuque County Recorder.
D u ount ord
Prepared by: Nate Kieffer. City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Adrienne N. Breitfelder, Clty Clerk, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 95-21
APPROVING THE ACQUISITION PLAT OF LOT B OF SILVER OAKS
ESTATES, IN THE CITY OF DUBUQUE, IOWA
Whereas, Royal Oaks Development Corporation (RODC) and the City of
Dubuque have entered into a Subdivision Development Agreement dated April 22,
2020, a copy of which is attached hereto, for the development of Silver Oaks
Estates, in the City of Dubuque, Iowa; and
Whereas, said development agreement requires RODC to dedicate the
Silver Oaks Drive street right of way and associated cul-de-sac right of way to the
City of Dubuque; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, an Acquisition Plat dated March 12, 2021 prepared by Weber
Surveying, LLC describing Lot B of Silver Oaks Estates, in the City of Dubuque,
Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto;
and
Whereas, upon said plat appears Lot B, which Royal Oaks Development
Corporation, by said plat have dedicated to the public forever; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated March 12, 2021 prepared by Weber
Surveying, LLC, 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 and on behalf of the City of Dubuque,
Iowa.
Section 2. That the dedication of Lot B of Silver Oaks Estates, in the City of
Dubuque, Iowa, for Right of Way (Silver Oaks Drive) and public utilities purposes,
as it appears on said Acquisition Plat, be and the same is hereby accepted.
Section 3. 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 5t' day of April 20 1.
Roy D. Buol, Mayor
Attest:
1-7-64.44,
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of
the City Council. I do further state that the hereto attached Resolution No. 95-21 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 6t' day of April, 2021.
Adrienne N. Breitfelder, City Clerk
SUBDIVISION DEVELOPMENT AGREEMENT FOR SILVER OAKS ESTATES
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
ROYAL OAKS DEVELOPMENT CORPORATION
This Subdivision Development Agreement (Agreement) is made and entered into
this 22"d day of April, 2020, by and between the City of Dubuque, lowa, an lowa municipal
corporation (City), and Royal Oaks Development Corporation, an lowa Corporation
(Developer).
WHEREAS, Developer is the owner of the real estate legally described as Lots 31
through 42, inclusive, of Silver Oaks Estates, and Lot A of Silver Oaks in the City of
Dubuque, lowa, located at the intersection of Elmwood Drive and Silver Oaks Drive (Site);
and
WHEREAS, Developer desires to construct and provide subdivision improvements
including streets with longitudinal subdrains and concrete curb and gutter, a paved cul-
de-sac, sanitary sewer mains, water mains, a storm water detention basin, storm sewers
and catch basins, boulevard street lighting, fiber optic conduit and vaults, accessible
sidewalk ramps, concrete sidewalks, and appropriate erosion control devices, to the Site
(Project) and will need to construct and carry out any other activities associated with the
Project in accordance with City plans and specifications; and
WHEREAS, upon completion of the project, Developer wishes to dedicate the
Project improvements, street right of ways, storm water detention basin lot, and
associated easements to the City.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. GENERAL CONDITIONS.
1.1 Developer initially began work on the previously installed public improvements
(subject to Section 4.3 herein) in August of 2019 and Developer will begin the work on
the Project (excluding the previously installed public improvements) in April 2020. The
Project will be substantially completed by August 1, 2021 . An initial plan for the Project is
attached as Exhibit 1.
1.2 Work on the Project (except for the previously installed public improvements which
are subject to Section 4.3 herein) may not commence until this Agreement is executed by
Developer and City, Developer has obtained and submitted copies to City of all applicable
licenses and permits, Developer has obtained all required bonds or other acceptable form
of security, final design plans have been reviewed and approved by City, and Developer
had paid all applicable inspection fees.
1
1.3 Developer is responsible and will pay for all costs related to the Project, including
but not limited to, recording fees, construction costs, connection fees and inspection fees.
SECTION 2. PLANS AND PERMITS.
2.1 Developer must obtain and submit to the City copies of all applicable permits
necessary for the Project prior to commencing work.
2.2 Developer must obtain all applicable permits and licenses required for working in
the City, County, and State right-of-ways, including but not limited to Application to
Perform Work Within State Highway Right-of-Way.
2.3 Developer must submit to the City final design plans for the Project prior to
commencing work. The City will review and approve such plans before work on the
Project commences. If such plans are not approved, City will provide feedback regarding
the modifications necessary for approval.
SECTION 3. SECURITIES AND INSPECTION FEES.
3.1 Developer must obtain a construction bond or other suitable security for one
hundred ten percent (110%) of the estimated total construction cost of the Project.
3.2 After the project is deemed substantially complete by City, Developer must obtain
a maintenance bond or other acceptable security for twenty-five percent (25%) of the
estimated total construction cost of the Project. Developer must maintain this
maintenance bond for two (2)years after date that the City Council accepts the completed
Project, except as specified in Section 4.3 below
SECTION 4. INSPECTIONS AND ACCEPTANCE.
4.1 The City will inspect any yet to be constructed Project improvements throughout
its implementation and at its completion to ensure compliance with the approved plans
and specifications. Developer must pay to the City an inspection fee in the amount of
three percent (3%) of the Three Hundred Twelve Thousand Five Hundred Fifty-Two
Dollars and 69/100 ($312,552.69) estimated remaining construction cost for the yet to be
constructed Project improvements. Developer will provide testing and inspection reports
for previously installed public improvements as per Section 4.3 below.
4.2 The City will conduct a final inspection upon the completion of the Project. If the
inspection establishes that the Project has been completed in accordance with the
approved plans and City requirements and specifications, the Project will be accepted by
City Council.
4.3 Previously Installed Public Improvements. Developer shall be responsible for
meeting all requirements shown in Exhibit 3 for any improvements installed prior to the
date of this agreement that are to be dedicated to the City for ownership and maintenance.
2
This includes the requirement for providing the City with 10-year securities, in the form of
a Letter of Credit, for all items previously constructed. City reserves the right to add any
testing requirements for acceptance of improvements as it deems necessary. All
reporting, documentation, and testing requirements will be to the exclusive satisfaction of
City.
SECTION 5. DEDICATION OF STREET RIGHT OF WAY, EASEMENTS, AND STORM
WATER DETENTION BASIN PROPERTY.
5.1 Developer must provide the dedication of Street Right of Way of Silver Oaks Drive
and Cul-De-Sac by Right of Way Acquisition Plat as shown on Exhibit 1-A. Developer is
responsible for acquiring consent from any other owners in interest, including but not
limited to the Silver Oaks Homeowners Association (Association), for said Street Right of
Way property as necessary.
5.2 Developer must provide the dedication of Utility Easements and Drainage
Easements (as deemed necessary by City) by Grant of Easement as initially shown on
Exhibit 1-B. Developer is responsible for acquiring consent from any other owners in
interest, including but not limited to the Silver Oaks Homeowners Association
(Association), for said easements as necessary.
5.3 Developer shall convey Lot 37 of Silver Oaks Estates to City for a storm water
detention basin. Method of conveyance shall be by Warranty Deed.
5.4 Developer shall provide to City, a current title and lien search for all property to be
dedicated or conveyed to City as right of way, easement, or storm water detention basin
lot. Property to be dedicated or conveyed will be free and clear of all liens, mortgages,
security interests, and encumbrances.
SECTION 6. SITE IMPROVEMENTS
6.1 The owners of said property herein named (Developer), execute their written
acceptance of the attached conditions and further agree:
(a) To reduce Silver Oaks Drive to grade and to construct longitudinal
sub-drain, concrete curb and gutter with Portland Cement concrete
pavement with integral curb, and cul-de-sac, all in accordance with
the City of Dubuque standard specifications in a manner acceptable
to the City Engineer, in conformance with construction improvement
plans approved by the City Engineer, and inspected and approved
by the City Engineer. Developer shall be responsible for providing all
inspection reports and testing of any previously installed
improvements to be dedicated to the City for ownership and
maintenance, including but not limited to, pavement cores, core
strength testing, soil borings, utility pressure testing, mandrel testing,
and televising. All testing requirements will be to the exclusive
3
satisfaction of City in order to determine if existing improvements
meet current City standards for ownership and maintenance of
existing/previously installed improvements.
(a.1 Temporary Cul-De-Sac alternate) That the owner must maintain the
temporary cul-de-sac on Silver Oaks Drive, except for snow removal
and deicing, until such time as the construction of Phase 2
(Subdivision and development of Lot A) of the subdivision begins or
owner designs and constructs permanent cul-de-sac improvements
to current City Standards and dedicates said improvements and an
appropriate right of way to the City.
(b) To install sanitary sewer mains and sewer service laterals into each
individual lot, water mains and water service laterals into each
individual lot, storm water detention basins, storm sewers and catch
basins, street lighting, fiber optic conduit and vaults, and erosion
control devices all in accordance with the City of Dubuque standard
specifications in a manner acceptable to the City Engineer, and in
accordance with construction improvement plans approved by the
City Engineer, and inspected and approved by the City Engineer.
(c) To construct accessible sidewalk ramps at each intersection and
street crossings in accordance with City of Dubuque Standards and
Specifications, all in a manner acceptable to the City Engineer, and
in accordance with the construction improvement plans approved by
the City Engineer, and inspected and approved by the City Engineer.
(d) To construct concrete sidewalk across Lot 37 along the frontage of
Silver Oaks Drive in accordance with City of Dubuque Standards and
Specifications, all in a manner acceptable to the City Engineer, and
in accordance with the construction improvement plans approved by
the City Engineer, and inspected and approved by the City Engineer.
(e) To construct the improvements outlined in (a), (b), (c), and (d), above
within two years from the date of acceptance of this resolution, at the
sole expense of the owners, or future owner. Developer shall
dedicate the public improvements to City for ownership and
maintenance.
(f) To maintain the public improvements outlined in (a), (b), (c) and (d)
above for a period of two (2) years from the date of the acceptance
of those improvements by the City Council of the City of Dubuque,
lowa, at the sole final expense of the owners, or future owner, except
as specified in Section 4.3 and Exhibit 3 herein.
4
(g) To provide security for the performance of the foregoing conditions
specified in this Section in such form and with such sureties as may
be acceptable to the City Manager of the City of Dubuque, lowa.
(h) That sidewalk installation shall be the responsibility of each lot owner
for each lot abutting the public rights-of-way, including lots with
multiple frontages, as required by City Code Chapter 10-1-2
(Sidewalk Installation and Repair).
(i) That the owner must construct and maintain erosion control devices
on the Site which control erosion and prevent sediment from leaving
the site. The owner shall also be responsible for maintenance of the
detention facility located on the Site until 80% of the lots in the Site
area, which drain into said detention facility, have been fully
developed and adequate erosion control measures, as approved by
the City Engineer, have been installed on the remaining 20% of said
lots. Until the above 80% of lots on the Site are developed,
maintenance of the detention facility in Lot 37 of Silver Oaks Estates
shall include the removal of sediment and other debris caused by
construction activities on the Site and reshaping and reseeding of the
disturbed areas. After said 80% lots on the Site are developed,
inspection, administration, and maintenance expenses incurred by
the City of Dubuque for the storm water detention facility on Lot 37
of Silver Oaks Estates shall be assessed against the property
owners, except the City of Dubuque, in Silver Oaks Estates, as
indicated on the preliminary plats thereof, in equal amounts. 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.
Developer shall be responsible for any amendments to the
Association's Covenants that are necessary in relation to said
assessments.
(j) That the planting of street trees shall be coordinated with the City
Forester. Any trees planted within the street right-of-way must be
chosen and planted by the City of Dubuque Leisure Services
Department at the developer's expense.
(k) That the final acceptance of the public improvements shall only occur
upon certification of the City Engineer to the City Council that the
public improvements have been completed in accordance with the
approved improvement plans and City standards and specifications
and accepted by City Council Resolution.
(I) That in the event Royal Oaks Development Corporation fails to
furnish the securities and inspection fees provided hereof within 180
5
days after the date of this agreement, the provisions hereof shall be
null and void.
(m) Per the request of Developer, City will mark/sign the north side of
Silver Oaks drive within the Project limits as "no-parking" after street
construction is complete.
SECTION 7. INSURANCE AND INDEMNIFICATION.
7.1 Developer agrees to hold harmless and indemnify City, and its officers, agents and
employees, against any and all claims, actions, demands, losses, liabilities or legal
expenses that may arise on account of injury to any person or damage to any property
occurring in connection with the Project. This indemnification includes, but is not limited
to, any liability or obligation of the City arising from any claim by Developer or any person,
firm, or corporation providing services for Developer in connection with the Project.
7.2 At all times during the Project, from commencement of work to acceptance by the
City of the Project, any contractors or subcontractors hired by Developer to perform work
on the Project must comply with the insurance requirements set forth in the Insurance
Schedule A, attached as Exhibit 2.
SECTION 8. MISCELLANEOUS.
8.1 This Agreement may not be assigned without the prior written permission of the
City. Such written approval will not be unreasonably withheld.
8.2 This Agreement represents the entire Agreement between the parties. There are
no verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
8.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit
of and be binding upon the parties hereto and their respective successors, heirs and
assigns.
8.4 This Agreement is governed by the laws of the State of lowa and venue for any
action arising from or related to this Agreement will be in the District Court of lowa,
Dubuque County, lowa.
8.5 If any term of this Agreement is found to be void or invalid, such invalidity will not
affect the remaining terms of this Agreement, which will continue in full force and effect.
8.6 All Riders and Exhibits attached hereto form material parts of this Agreement.
8.7 The future subdivision and development of Lot A of Silver Oaks Estates will be
required to completed pursuant to the current version of the Unified Development Code,
SUDAS, and all other applicable City codes and standards, current as of the time the
6
! 3
7
r
:�` plans are submitted and impro�ements are made, for re�iew and approval of any property
subdi�ision, platting or public improvements plans.
8.8 This agreement is sub�ect to the appro�al of the Dubuque City Council.
8.9 All notices and correspondence related to this Agreem�n# must be sent to the
fallowing: ,
If to Developer: Royal Oaks Development Corparation
Attention: A.J. Spiegel, President
50 MI-T-M Dnve
P.O. Box 50
Peosta, IA 52068
�r._ ..:i.. ,-•:i.. ..t �..�... �.....,. I
!I lU lilly/. LIL�/ VI VUtJUC�UG� IUWO
Attention: Gus Psihoyos, City Engineer
50 West 13�' Street
Dubuque, lowa 52001
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milfigen
City Manager
State of lowa )
) ss:
County of Dubuque }
On this �yl�day of 1p/L�L-2020, before me, a Notary Public in and for said state,
personally appeared Michael C. Van Milligen, to me knawn to be the person{s} named in
and who executed the foregoing instrument, and acknowledged that they executed the
same as their�oluntary act and deed.
Rlf55ELL H KIEFfER
�. _ � ���`�E Gommission Number 778625
��//t/� � � , f�� x�� My Gommias+or�Expires
(� w •�• � � 'n�+��• Ma 24� 2022
Notary Public in the State of lowa
My Commissian expires: M�'Y Z 4 ZD��
7
ROYAL OAKS DEVELOPMENT CORPORATION
,
BY: �"' ' 1,0..��
A.J. Spi�gel �
Its: President
S4ate of lowa )
) ss:
Gounty,ot.Dubuque )
On.this � day of �/, 2020, before me, a Notary Public in and for said state,
personally appeared A.J. Spiegel, to me known to be the person(s) named in and who
executed the foregoing instrument, and acknowledged that they executed the same as
their voluntary act and deed.
�r'�9 , . ,
Notary��lic in the State of lowa TXQM�A9 J AL6ENOQRF-
� hloi.�flal Seal �lCdua
Cbmmisslon. fd ff"b72
My Commission expires: .� °/ � � n?u.commassion Euptres . �y�=�'
8 �
!
EXHIBIT 1
SILVER OAKS ESTATES
INITIAL CONSTRUCTION PLAN
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9
EXHIBIT 1-A
SILVER OAKS ESTATES
INITIAL RIGHT OF WAY DEDICATION EXHIBIT
PREPARE� BY MTCHAEL J WEBER, WEBER SURVEYING, LLC, c6789 46TH AVE, BERNAR7J, IA S�Q32 C563) 879-4173
Inaex �egend CiTY OF IaUBUQUE
Locatlan. Lot B, Silver �aks Estates, Dubuque, IA ACQUISITlON PLAT
Requestor. A. J, Spiegel
Proprietor: Roya� C]aks D��e,op�ent corPoration PLAT OF SURVEY OF LOT B OF SILVER OAKS
Sur�eyor: M'ichqet � Weber ESTATES IN TME CITY OF DUBUQUE, IOWA
Surveyor Cor�pany. Weber Surveying, LLC
8 Return To� 26789 q6th AVE, Bernard, Ik 52032 ,
Mjweberl@bernnrdteE,cor� 563-590-4993 CDUNTY DUBUDUE PARCE'� N�. NA J�B N0. NA
� PROJECT N0, NA SECTIDN 23 FWP 8Ef� RANGE 2E
tia i�OW FEE SEE BEL�`,J EXIST. RDAD NA PERM, EFlSEM'T NA
q� ��
p4 i� �. LEGAL DESCRIPTIDN: L�T B, SILVER QAKS ES7ATES, CITY ❑F DUBUQUE
�,-�� /LOT 37�� �WNER� R�YAL OAKS DEVELOPMENT CORPf_1RATIDN
�v� �� AREA OF LQT� r` --
i S B IN LOT 37 i i �
ti � S6S Row-o.fy ae i / `��, M�T 13
`� `� ��?�s j�8•, ��� Sl�> �r��CF4F £�,y LOT B OF SILVER OAKS ESTATES
'�,, ��3 F � � �or 36 �p��TER �- AN� Woop A^ IN THE CITY OF DUBUQUE
\ � i i nREA oF �or � � ��C,A�S E�'� �Res ACQUISITION RREA = 2 35 AC
�� � � a tN �oT 36 i � �'ap STA
P�Br z �,� ��� aow=o 16 ac�� � �QT 35 �`1354ES �'-,,
WaLTER <6' 66A0'`` . ,�% AREA OF� LOT � i 6j�OT 34 �\�
METCALF � � \ S / B IN LDT 35 � �-�\___ l
P�AC� L5 � �\!�� .•s422,R�w=o.ts aC ��� aREa ❑E �qT i��� �� ,-
(PLA7 ➢[7C. 1 C� �� �` eR �4g,• /� B IN LOT 34 /� ` / �
1987-7436) � ` �q/`� ���E �! ROW=0.15 AC � � LOT 33 i � ��\
., � \
EXISTING 30' � � ' � I) �`�22.)�, EXISTING 10� � AREA OF LOT /��� w
❑VERLAND � �-�r 3g �V � /`�\ \��rVE " �� r 117ILITY EASEMENT B IN LqT 33 � � �QT 32 �
DRAINAGE & � AREA �F LQ7 � 4� �\ �� �L` 7YPIC/iL RDW=�15 AC / *
UTII_ITY i 22' � � � � � /�AREA OF L07
EASEMENT � IN LDT 38 /�j 4,g�. � \ �/'•�,\ \ C2 � � / � B IN LOT 32 �
� R[]W=0,48 AC � ` L0T 39 W 42 � �- `.,�. ��'�� S 73•35, , � Row=a15 ac � ����
-------- i� � 2.��. ,..�.. 1 Ig� OS„ c ��� ��
\�� / AREFl 0� LOT � � � �� ' ` S7' �
� �� � � B In� �or 39 � / L�T 40 � )'.��� �� �/ i��
0' 100' 2QQ�� ���` RQW=0.15 AC �i/ `�s�r �~- , , / i LOT 31
�\ �� AREA ❑F LGT � / � --��� �� `�� � /�/
� i - �3 / AREA OF L�T
� � / B M LOT 40 / -'�� � / / B IN LOT 31
`v�� � Row=o.is ac �� N �,3•35, � ,, 1^3�,at� �
Row-o.ia ac
scA�� �n� F�Er � �',' �oT 4i �84.&°S� w _ c�, � �
.
SCALB 1" = 200' i� aREa o� _or i � CS•� \,. �
\� � � i �� e [N �or aL �� i cP�nr ooc, No . c�� , �
�XISTIN•5 10, J( RQW=D�2G AC � � ?019-13528> L�T \ (3 �
LWE BEARING �ISTANCE �TILITY EASEMENT�\\ � �� � � � Z-42 / �'J +
L1 N 47'06'22" F 83.32' TYPICAL � / L07 � ;��'�O
L2 S 56'01'fl2" E 46.73' �� / 1-42 AREA QF LOT B � � �o'
L3 N 56'01'02" W 46.73' `\ �� ��,r � 11� L�'� 2-42 ,��� 8 � �O�'�
L4 5 4S'38'24" W 20.39' EASEMCNT �OR�� � R�7W=0,24 AC -.,�� Gi �
PIPE��_TNE PER \ � ' � �
LS 5 89'59'26" W 48.01' �66�Q0' PRIVA7E ��� 'a �
INSTR. N�� 1405-91 /� �i�EMPORARY
L6 N 29'00'4fi" W 57,43' & PREVIOLIS RECORDE➢ ROP.DWAY & d7 � �
L7 N 55'48'17' W 131.92'
JTILITY � �� EASEMENT
L8 N 56'01'02" W 17.18' EASEMENT �ASEM�NT`��� �-�//�i CUEApEOSpC
CURVE RADIUS ARC LENGTH CHORD LENG'H CHOR� BEAftING DELTA ANGLE /� 9� ro EXPIRE
C1 9E7,00' 126.35' 126.26� S EO'3B'14' E 7'29'17" �x�� WHEI� ROpNE
C2 4B7.Q0� 155.35' �55.18' S 68'58'57" E 9'12�16" / � ➢RIVE [S
C3 1033.00' 316.73� 315.49' S 69'48'03" E 17'34'03'� � � / � ❑PENE➢/[MPROVE➢.
� �r AREA_0.06 AC
C4 50.00' 127J4' 95�73' N 57'22'23" W 746'22'49" �
CS 967.00' 230.29' 229J5' N 66'45'44' W 33'38'42" �� L0T A qREp ❑F LffT A
C6 1033.00' 165.95' 165.77� N 68'58'S7" W y'12'15° � � SILV�R C]AKS IN L�T A OF"
C7 tOJ3.00' 134.97' 134.88' - N 60'38'ih" W 7'29'11"' / CPLAT D�C� N�. S1�VER C1AKS
CB 9fi7.�0' 296.49� 295.33' N 64'48'03° W 17'34'03" � 2025-33A2) R�W-0�06 FC
C9 967.00' 6620' 66.19' (J 57'58'42" W 3'55'21"
NDIES+ SLIRVEYED LINE
1. ALL MEASUREMENTS ARE IN ����
FE�I AN➢ ➢ECFMALS TI�iERC[}F. TEMPQRARY EASEMENT AREA � � ��COR➢Ell 71MENSfON p�ACE� 5/8' ➢IA.
2� ��HIS PLAT IS SUBJECT T❑ ?,O�B� PD[NT L1F BEGINNING � STEEL RERD➢ W/ORANGE
RIG�9T Of WAY AN➢ EASEMENTS ---- -- �XIST[NG EaS�KENT LINE ROW REGHT [7F WAY PLASTIC CAP MHRKEn
qF RECQRU ANA NQT �� RECORD. - EXSSTING pROPERTY LINE AC ACRES "WEBER PLS 15084'
\\\`����IIN'�IIINIl1I//� I H�REHY CERTrFY 7HA7 THIS LAND Sl1RVEY3NG DLJCLIMENT WAS WEBER SURVEYJNG, LLC
9 PRE RRE➢ AN➢ TRE RELATE➢ SUR'✓EY WORK WAS PER�LI:RMED BY ME DR
o LAND �ii� 26789 46Ti� AVE
\������9e,oa� oo ,7����i� ' llN➢ER MY DIRECT PE�SONAL SUPERVISIqN ANB TH.A3' I A!d R DL1LY BERN�4RD, JA 52032
��=o, °�o.p�� i_10ENSEll tAND S�RVEYOR l7NDER THE LRWS qF' 7HE STATE QF i�WA� PHi (563) 879-41�3
=�o MiCr?at� �. °-�= FAX: C563) 879-4195
_- WEBER <�� MICHAEL J, WEBER (➢FlIE) � DRAWN BY� MJW
, �0 15�84 � � LICENSC NVHBER ]5�89
SURVEY DATE- 3/20/20
���°° °�� MY LJCENSE RENEWAL ➢ATE IS DECEMBER 3., 2021 �+�/G. 20018
% °�aveoa°
/Oj�i��yrni ip m�i�no��`Q°
SHEETS COVERED BY THIS SEAL � _ S H E E� 1 C� �
10
EXHIBIT 1-B
SILVER OAKS ESTATES
INITIAL EASEMENT DEDICATION EXHIBIT
PERMAIVENT STORM DRAINAGE EASEMENTACROSS LOTS
31 THRU 36, INCLUSIVE and LOTS 3S THRU 41, INCLUSIVE
� of SILVER OAKS ESTATES IN THE CITY OF DUBUQUE, fOWA
ExtsrtNe 10�
TILTTY EASeMENT h'til CORNER
TYPTCAL LOT 36, SILVER
.�``
[IAKS tSTATES
% ,� L 7��rCACF
��r 3� � :�, % C,qNE ` A0'WIDE STORM
� �� '�.�; %; CpT DRAINAG� �AS�MENT
��� �s �'.Kf7 .� 'S Bg• 13 q� EASEMENT A�EA = 1.21 AC
w i � 36 3 <
\✓�,��/ LOT 36 i/i i ��8�!`.` 6 /e S�S�9D �CReS
i �� �� LOT 35 36.3(j� �„+ i� 4000' STORM DRAINaGE EASEMEVT
\ 66.00' \� 7' EXiSTWG 10' i�g����'�i� L2
1` ��\ / /� UTILITY � / �$z� �' L� i�- �— Cl
� � Sj �J / EASEMENT� / � i i ��
t �� ��ER� � TYPICAL�% � Ll7T 34 i/� �����f��� � .
�' EXISTING 30' . �qks�� i � CPjC�� j � L4 � ����F `s NE CORN£R
VER�AND DRAINAGE 11\� �� �Ar R Q�' � LCT 33 �� �C4 �i r ` A8• LQT 31, S[LVER
I & UTILITY EASEMENT � �RI_ ��v � D�C '�S e�, � j ���\ 22��' DAKS ESTATES
�
�S L�T 38 j � ��`\ �� ����_ A rE �� / � �� �9�S'•
^ 6�`T4 i �/ � ��� �� �� 135465 % i A��.ci>^ �� �.
-' 'VA 2p �8'• i � LOT 39 �- ��,/ % O i
���68 E � �/\� �' �� j � LCT 32 223�j�� i�
���'>,, �/� 30.00' STCRM � � ���, / �� �9•S� �✓�\ C
N �\�� � � / �DRAINAGE EASEMENT � � ��� � i � i� 2
` L i
�9�g.�8�. r'� �, i�/ LC]T 40 j � `_� � � `�`� //�,/ LOT 31~,<���� 1
2Q• �1, � 'r� S 5 � � �`'`��� i C`� ��� �r.+
.� 42 � i � i� T� i
SW CQRNER � �>�^49'�f %��� LQl 41 i�j LOT ` �J \\�� �/ �o
LOT 3B, SILVER �
❑AKS ESTATES LQT A``� 61 �����p 61p � EXISTING 10'� / 1-42 � � �\ ��.�' pN
SILVER ❑AKS �22���` ���i'�2S• UT[�ITY � � �\ ��\ ' �
EASEMENT/
CPLAT DOC. N0. 49" ?�r 7YPTCA�/ � f��
2015-3342) �'6�0,, y�f ' 30'WIQ�STORM ��:� �..'� ' �
�wE eenRwc oisrnNCE 99 � �^� � DRAINAGE ��� , �,
Li 5 68'20'03" E 109.2C' EXISTING 30' q� EASEMEiVT y��
L2 N 89'47�31" E 61.32' UTILZTY � �AS�MEi�� �
L3 S 09'30"'02" E 45.02' EASEMENT � / EASEMcNT FOR
L4 S 89'47'30" W 69.03' TYPICAL AREA = ��56 A- � PIPEL[NE PER
L5 N 68'20'03" W 116.13' SE C�RNER INSTR� N0� 1405-91
& PREVIpIJS RECORDED
L6 N 31°21'1G'� E 4p.58' LOT 41, SILVER EASEMENT
v N a��ss'3s" E 32.oi' OAKS ESTATES
L8 S 25'37'1 1" W 30.00'
CURUE RADIUS ARC LENGTH CHOR� LENGTH CHDR� BEARING �ELTA ANGLE 0' 100' 200'
C1 297.12' 218.61' 213J?' S 69'20'S7" E 42'09�21" �
C2 383.00' 151.33' 150.35' S 59'26'46" E 22°38'20"
C3 422.99' 188.86' 187.3D' N b0'55'03" W 2534'55"
CA 257.12' 189.20� 184.96' i N fi9'2i'47" W 42'09'41" $CALE IN FEET
�EGEND sca�E r� = zoo� '
N�T=S: �7-�-T-�-n
l. ALL MEASUREMENTS ARE IN �� i� i� i� i� � EASEMENT AREA THIS EXHIBIT
�EET AN➢ IJECZMALS THEREDF, �.�1�1�.a..�c� C 3 REC�JR�ED D[MENSIQN
2� THTS PLAT TS SUBJECi TD
RIGMT OF WAY AND EASEN�ENTS ----- - EXISTING EASEMENT LINE P�Q�$� P�INT ❑F HEGINNING
❑� RECOR➢ AND NOT OF RECORD. EXISTING PROPERTY LINE R�W RI3HT ❑F WAY
ac aeREs
I HE�REBY CERTIFY THAT TH]S LAND SIJRVEYING DOCIJMENr WAS WEBER SURVEYING� LLC
\\\���plltlllllllqlq����// pRE?ARE� AND THE RELATED SURVEY WORK WAS PER�ORME➢ BY ME OR 26789 4oT'r� AVE
���\� LANp p�� UNDER MY OIRECT PERSdNAL SUPERV[SION ANO THAT I AM A ➢ULY
\`y��"�������°�G-p'� LICENSED LAND SURVEYIR lJl�➢ER THE LAWS �F THE STATE OF IOWa. BERNARD, IA 52032
�,��o o�� PH: C563) 879-4173
_4e MICRAEL �. vo� FAX; (563) 879-4199
=J° WE$ER 'A= MICHAEL J� WEBER (DATE) DRAWN BY- MJW
, 0 1508q � � L[CENSE NUMB�R t5084 SIJRVEY DATE� 4/07/20
%��°° °o��\ MY LICENSE RE�'EWAL DATE IS OECEMBER 31, 2021 DWG. 20018-02
'//'//������/q��q�w�P�l�ti���\�\\`\\\ SHEETS C¢VERED BY THIS SEAL � S H E E T 1 �� 1
11
PERMANENT SANITARY EASEMENTACROSS LOT 2 of
WALTER METCAL� PLACE IN THE CCTY OF DUBUQUE, IOWA
.\
� LOT 37
\
,� � \\\��
� \ .
�� �\ �
� �.
O� ��' � ���
�� ' �� ���
,
� •�v�, s s � �.
�,�' 'i��, ssQ T<� � ��
, � ���
N SS"..; ,�''"'� ��'0 �� �,,
sr�o rv', �� '9/� � ���
��'' '��i �9�• `S' \
�. � �
��s29��'< ' 1��,��C�
� ��
10' SANITARY ',
SEWLR EASEMENT �'�� ��
v�
10'WIDE SANITARY
SEWER EASEMENT
EASEMENT AREA = 1,425 SF �
/ �
�
L�T 2 � �
�NE eEnRiNc oisr,vvcE WALTER METCALF PLACE ��`. \
L1 S 29'09'46" E 22.19" �PL�17 DOC. 1'38�—�43�} �� �
L2 N 41'21 b2" �' 10.08' EXISTMG 30' �
❑VERLRN➢ �
➢RAINRGE & �
UT[L.TTY EASEMENT �
i
I
I
LOT 38
STLVER DAKS
LC1T 1 ESTATES
cP�ar noc
WALTER METCAL� PLACE ��e�-Fssas�
(FLAT DpC. 1987--7436) f
ff
0 25 �0
�
LEGEN� SCpLE IN FEET
SCALE: 1" = 50'
NOTES f�r�r�r�r�,ti
1, ALL MERSUREMENTS ARE IN �����i�����if � EASEMENT AREA TH.S EXHIB[T
FEET AND ➢ECIMALS THERE�F. tii�i�,i�i�,�;+ ( ) RECOR�E� DIMENSICiN
2 THIS PLAT IS SUBJECT r0
RIGHT OF WAY AN➢ EASEMENTS — EXISTING EASEMENT LINE P���B. POINT ❑F BEGWNING
OF RECOR➢ AND NOT OF REC�RD. EXISTING PR�PERTY LINE ROW RIGHT ❑F WRY
AC ACRES
! H�REBY CERTI�Y THAT THIS LAND SURVEYING DOCUMENT WAS WEBER SURVEYING, LLC
\,���\4����tiAN�p����/qj��/ PRE ARED AM1➢ THE RELA7E➢ SIJRVEY WCJRK WAS pERFORMEo BY ME ❑R 26789 46TW AVE
\p��4e,,e.00,efGr�� L[NDER MY OIRECT PERSONAL SLEPERVISIL7N ANII THAT I AM q DULY BERNARD, IA 52032
LIC�NSEU LANA SURVEYDR UN��R THE LAWS OF THE STFTE OF fOWA�
��z�e� �°P�' PH C563) 879-4173
=�o MicHaE� �, a= FAX C553) 879-419S
=�a WEBER o�= MICHAEL J. WEBER CDATE) DRAWN BYi MJW
� 0 1�084 � ~ LICENSE NUMBER 15084 SIJRVEY DATE� 4/07/26
%��°° °�` MY LICENSE RENEWAL ➢ATE IS DECEM6ER 31, 2021 DWG� 20018-03 �
'////�������7p�F�IW�pN������\\\�\ SHEETS COVERED BY THIS SEAL i
SN�ET 1 C7� 1 �
12
PERMANENT WATER MAIN EASEMENTACROSS LOT 31 of
SILVER OAKS ESTATES IN THE CITY QF DUBUQUE, IOWA
.,
�
�
, s
, „
,' / �`. R�o�.
� �, °s ��,,,
� , . �8,.
i� � �` � M
�� �� �� �TCAC,r
\ � N�
� NW CORNER \`� A
i� LOT 31, �� ` �Qp
i SILVER �AKS 1
� ESTATES \,\ � �F E(M p
• � �b
� ��� A
/ �` NE CORNERRes
\�� LQT 31,
�` c� STLVER �AKS
0' 2S' S0' \��� ESTATES
�
LOT 31
C2
SCALE IN FEET SILVER C]AKS ES7ATES
SCALE 1" = SC' CPLAT D�JC, 2007-135451 � � �r� �
1`�� �y
� t` `��'
�
ao��� �\`� Y
�ECEND 20'WIDE WATER MAfN "'��ryr�`, � ��' �OT 12
�. Y
z � \ ��;�' ^h
c � REcoRnE� nzMEn�szoN EASEMENT �_ �� � � o .,� ELMWDOD
Po,B. POINT oF BEGINNING EASE��IENT AREA = 4,189 SF ���\�\���`�,ti�o ACRES
RpW RIGWT ❑F WAY A � � � CPLAT ENSTR,
ac acREs 20' WIDE WATER �t` ��`� �,r' `'� �� NI7. 1841-78)
MAIN EASEMENT � � � ��
�,.�.R.R...ti � � � 1
� . � . � � � �; � . , �` y i
� � � � � EASEMENT AREA THIS EXHIBI7� � R � � � � / �f/
�� � � � � w �t7� p� � � ♦ y1 � i
ti��i�iiwiw�r � � � � � `1
F. st . . ,yy / ,, ��•
——— ——— EXISTING EASEMENT LSNE .yp`.<�� �� �� �� 1n� � �� �i
EXISTING PROPERTY LINE .�•O±Rh� �� �� �yy 1�� ���`� ��/
\. ��R�`� \ �� �vy � ��,.
♦ ��. �
�\ �t�� �� �� �l►a `5�` '
�\ �y,�R� \ �� �y���'1'�� .'�/ �asEMENr Foa
�l�R\ �\��� � �`� c� PIPELINE PER
�, � � � �� y� INSTR� N0. 1405-9t
I( � �`�T- f��� ��' & PREVIOUS RECORDEO
��� � -�-� ���� EASEMENT
O � i
�Q�-� �G\�� ��
��d �\•\ ��/
�'r� '
Nor�s� '� F
L ALL MEASIJREMENTS ARE IN ' �/
FEET AND IfECIMALS TFIEREOF, LINe aEARiNG �ISTANCE �i�
2. FHIS PLAT [S SIJHJECT TO �1 N 56'01�02° W 21 J4�
RIGHT OF WAY AND =ASEMENTS CURVE RAD'.US ARC L=NGTH CHORa LENGTH CHORD BEARING DELTA ANGLE
OF� REC�R� ANC1 NOT ❑P RECQRD, C1 383�00' : 151.33' 150.35' S 59'26'46" E 22'38'20"
C2 383,00' 20,44' 20.?3' S 69'14'13" E 3'03'2&"
I HE�REEY CERTIFY THAT THES LAN� SURVEYING ➢OCUMENT WAS WEBER SURVEYING, LLC
�p����\`��AND,r�l������ip� PR-I�AREO AND THE RELATED SURVEY W�7RK WAS PERFORMED BY Mt CR 26789 46TH AVE
��� o i� L'N�ER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A ➢llLY
�� �„�,a�° `� sG � BERNARD, IA 5203z
\ So ° �p � LICENSED LANO SURVEYDR lJN➢ER THE LAWS ❑F THE STATE QF IDWA�
��So °,�,= PH C5637 879-4173
=�o r�rcHaE� �, e�,= �AX C563) 879-4199
=J" WE��� "�= MICHAEL J. WEBER SDATE) DRAWN BYi M.;W
; o t508a � = ucErvsE NUMBER 15084 SURVEY DATE 4/07/20
''/������l�r�rl�llWlnl������\\\,�\\ sr�Ee sEeovERNn �YL DAS�SEA�DECEMBER 31, 2021 DWG 20018-D4
- SHE�T 1 ❑F 1
13
EXHIBIT 2
INSURANCE SCHEDULE A
City of Dubuque Insurance Requirements for Tenants and Lessees of City
Property or Vendors(Suppliers,Service Providers)
Insurance Schedule A
1. shall furnish a signed Certificate of Insurance(COI)to the City of Dubuque,lowa for
the coverage required in Exhibit I prior to contract or lease commencement.All lessees of City property
shall submit an updated COI annually.Each Certificate shall be prepared on the most current ACORD form
approved by the Department of Insurance or an equivalent.Each certificate shall include a statement
under Description of Operations as to why issued.Eg: Project# or Lease of premises at
or construction of
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in lowa and
all carriers shall have a rating of A or better in the current A.M.Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of
this agreement.
5. All required endorsements to various policies shall be attached to Certificate of insurance.
6. Whenever a specific I50 form is listed,an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the I50 form.
7. Provider shall be required to carry the minimum coverage/limits,or greater if required by law or other
legal agreement,in Exhibit I.
8. Whenever an I50 form is referenced the current edition of the form must be used.
Page 1 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April,2013.Doc
14
City of Dubuque Insurance Requirements for Tenants and Lessees of City
Property or Vendors(Suppliers,Service Providers)
Insurance Schedule A (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence,not claims made,form. All deviations from the
standard I50 commercial general liability form CG 0001,or Business owners form BP 0002,
shall be clearly identified.
b) Include I50 endorsement form CG 25 04"Designated Location(s)General Aggregate Limit."
c) Include endorsement indicating that coverage is primary and non-contributory.
d) Include endorsementto preserve Governmental Immunity.(Sample attached).
e) Include an endorsement that deletes any fellow employee exclusion.
f) Include additional insured endorsement for:
The City of Dubuque,including all its elected and appointed officials,all its employees
and volunteers,all its boards,commissions and/or authorities and their board members,
employees and volunteers.Use I50 form CG 20 10. Ongoing operations.
g) If vendor utilizes Trikkes or Segways in the conduct of business,include an endorsement
reflecting that these vehicles are not excluded from Commercial General Liability coverage.
B) WORKERS'COMPENSATION&EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by
lowa Code Chapter 85 as amended.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.
Page 2 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April,2013.Doc
15
City of Dubuque Insurance Requirements for Tenants and Lessees of City
Property or Vendors(Suppliers,Service Providers)
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity.The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque,lowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque,lowa
under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Covera�e.The insurance carrier further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of lowa Section
670.4 as it now exists and as it may be amended from time to time.Those claims not subject to
Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv.The City of Dubuque, lowa shall be responsible for asserting any
defense of governmental immunity,and may do so at any time and shall do so upon the timely
written request of the insurance carrier.
4. Non-Denial of Covera�e.The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque,lowa
under this policy for reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense�s)of governmental immunity asserted by the City of
Dubuque,lowa.
No Other Chan�e in Policv.The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
Page 3 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April,2013.Doc
16
EXHIBIT 3
SUPPLEMENT TO SUBDIVISION DEVELOPMENT AGREEMENT
SILVER OAKS ESTATES
REQUIREMENTS FOR CITY ACCEPTANCE OF PREVIOUSLY INSTALLED PUBLIC
IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO:
For Previously Installed Water Main:
Submit to City a Copy of signed DNR Permit for water main work.
City must observe/conduct pressure testing.
City must observe/conduct safe water/bacteria sampling.
An as-built survey of the water main improvements by must be performed by an
Engineering Consultant and must include depths, grades, locations of fittings, valves,
restraints, and services. The Engineering Consultant must submit as-built drawings in
paper and CAD versions.
Written verification by Professional Engineer that water main improvements were
constructed per plans and specifications must be provided to City.
Verification of pipe, fitting, valve, hydrant materials, bedding material, and backfill
materials through invoices, load/delivery tickets, etc. This may include excavating to
expose improvements for visual inspection and testing of materials.
Any PVC water main installed where ductile iron water main with nitrile gaskets is
deemed to be necessary must be removed and replaced as necessary.
10-year securities/warranty in form of letter of credit is required.
For Previouslv Installed Sanitary Sewer:
Submit to City a Copy of signed DNR Permit for sanitary sewer work.
City must observe low pressure air testing.
City must observe manhole vacuum testing.
City must observe mandrel testing (minimum 30 day period after installation).
17
City must conduct sanitary sewer televising/inspection, any defects/issues to be
replaced/addressed.
An as-built survey of the sanitary sewer improvements by must be performed by an
Engineering Consultant and must include depths, inverts, grades, locations of
manholes, and laterals. The Engineering Consultant must submit as-built drawings in
paper and CAD versions.
Written verification by Professional Engineer that sanitary sewer main improvements
were constructed per plans and specifications must be provided to City.
Verification of pipe, manhole, lateral materials, bedding material, and backfill materials
through invoices, load/delivery tickets, etc. This may include excavating to expose
improvements for visual inspection and testing of materials.
10-year securities/warranty in form of letter of credit is required.
For Previouslv Installed Storm Sewer and Storm Water Detention Basin:
City must conduct storm sewer televising/inspection, any defects/issues to be
replaced/addressed.
An as-built survey of the storm sewer improvements by must be performed by an
Engineering Consultant and must include depths, inverts, grades, locations of
manholes, inlets, apron end walls. The Engineering Consultant must submit as-built
drawings in paper and CAD versions.
An as-built survey of the storm water detention basin improvements by must be
performed by an Engineering Consultant and must include volumes, depths, inverts,
grades, locations of manholes, inlets, apron end walls. The Engineering Consultant
must submit as-built drawings in paper and CAD versions.
Written verification by Professional Engineer that storm sewer improvements and storm
water detention basin were constructed per plans and specifications must be provided
to City. The existing storm water detention basin must be regraded to remove existing
silted-in soils and restored to the original design capacity/volume.
Verification of pipe, manhole, inlet, frame, and grate materials, bedding material, and
backfill materials through invoices, load/delivery tickets, etc. This may include
excavating to expose improvements for visual inspection and testing of materials.
10-year securities/warranty in form of letter of credit is required.
18
For Previously Installed Streets:
Competent testing firm must perForm concrete core sampling to verify materials and
depths of street pavement, with written evaluation report, to City's exclusive satisfaction.
Competent testing firm must perform concrete core strength testing to verify
compressive strength street pavement, with written evaluation report, to City's exclusive
satisfaction.
Competent testing firm must perform soil borings to verify materials and depths of street
subbase to City's exclusive satisfaction, firm must run analysis on subbase material and
supply written aggregate gradation and material evaluation report.
Competent testing firm must perform soil borings to verify materials and depths of street
utility backfill to City's exclusive satisfaction, firm must run analysis on subbase material
and supply written aggregate gradation and material evaluation report.
Competent testing firm must perform density testing to confirm compaction of street and
utility backfill trenches to City's exclusive satisfaction.
Verify concrete and subbase materials through invoices, load/delivery tickets, etc.
All cracked panels must be removed and replaced as full panel replacements.
All pavement joints shall be blown clean and resealed per City Standards.
Any heaved or slumped panels shall be raised or planed to the City's exclusive
satisfaction.
10-year securities/warranty in form of letter of credit is required.
NOTE: CITY RESERVES THE RIGHT TO ADD ANY TESTING REQUIREMENTS FOR
ACCEPTANCE AS IT DEEMS NECESSARY. ALL TESTING PRIOR TO
ACCEPTANCE SHALL BE TO THE EXCLUSIVE SATISFACTION OF THE CITY OF
DUBUQUE.
19
` RESOLUTION NO. 148-20
APPROVING A SUBDIVISION DEVELOPMENT AGREEMENT FOR A PORTION OF
SILVER OAKS ESTATES BETWEEN THE CITY OF DUBUQUE, IOWA AND ROYAL i
OAKS DEVELOPMENT CORPORATION
WHEREAS, the City of Dubuque is party to a Subdivision Development Agreement with �
Royal Oaks Development Corporation, dated April 22, 2020, for construction of public �1
�
improvements and the dedication of public street right of way and associated easements �
over Lots 31 through 42, inclusive, of Silver Oaks Estates, and a portion of Lot A of Silver i
Oaks, in the City of Dubuque.; and g
w
WHEREAS, the develaper desires to construct and provide subdivision improvements �
including streets with longitudinal subdrains and concrete curb and gutter, a paved cul-de- f
sac, sanitary sewer mains, water mains, a storm water detention basin, storm sewers and �'
u
Cr"�#Crl �3�cine� hZ)l.{Io�i�r� ctroo� IIL��3t�ny� fi.�,�r �.�'i+'C C�I��iij# �nrJ oi��il�c� t�.+�C��'s��hl� Sl�o�ni�ll� P
UVII IV N l,Y �Jlll'li 11 11 V GI N UI IlA VUNILJ V V IA/V l,'YYUII\ li
ramps, concrete sidewalks, and appropriate erosion control devices, to the site and will �;
need to construct and carry out any other activities associated with the project in �
accordance with City plans and specifications; and I;
�
WHEREAS, upon completion of the project, the developer wishes to dedicate the public ��
Project improvements, street right of ways, storm water detention basin lot, and associated ��
easements to the City; and
�;
�
WHEREAS, the City of Dubuque has reviewed and approved the design and �
construction plans, and has reviewed and approved the dedication of right of way and ''
easement plats, for said public improvements as required by the Subdivision Development �
Agreement; and � a
�
WHEREAS, Royal Oaks Development Corporation has executed the Subdivision �
Development Agreement.
i
�0�9�9, T�eEl�EFOl��9 �� I1' F2ESOL!/ED ��l THE GiTY C��9�CIL (?F �'F9E CI� OF
DUBUQUE, IOWA:
Section 1. The Subdivision Development Agreement attached hereto is hereby
approved.
Passed, approved, and adopted this 18t" day of May 2020.
�`
Roy D. Buol, Mayor
Attest:
�
..��
Kev�S�. Firnstah(, �ity�erk
�
�