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Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main over Royal Oaks Development Property in Silver Oaks Estates Copyrig hted April 5, 2021 City of Dubuque Consent Items # 13. City Council Meeting ITEM TITLE: Acceptance of Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility over Royal Oaks Development Property in Silver Oaks Estates Subdivision, Dubuque, lowa SUM MARY: City Manager recommending acceptance of a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility from Royal Oaks Development Corporation for the development of Silver Oaks Estates, in the City of Dubuque, lowa. RESOLUTION Accepting a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, under and across parts of Silver Oaks Estates and Walter Metcalf Place, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Royal Oaks Acceptance of Grant of Easement-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Grant of Utiliiy Easement Supporting Documentation Development Agreement Silver Oaks Supporting Documentation 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: Acceptance of Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility over Royal Oaks Development Property in Silver Oaks Estates Subdivision, Dubuque, lowa DATE: March 29, 2021 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility from Royal Oaks Development Corporation for the development of Silver Oaks Estates, in the City of Dubuque, lowa. 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 � AIFAmeeiea Ciq� Du8 E ��,�� r , �� , I I M�ste iece orc the Mississi i z°°'�Z°1Z'Z°13 � pp zoi�*Zoi� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility over Royal Oaks Development Property in Silver Oaks Estates Subdivision, Dubuque, lowa DATE: March 26, 2021 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility from Royal Oaks Development Corporation (RODC) for the development of Silver Oaks Estates, in the City of Dubuque, lowa. DISCUSSION 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 easement is being granted to the City for the ownership and on-going maintenance of the above-described utilities and improvements. The attached Grant of Easement shows the location of the proposed storm drainage, sanitary sewer, and water main easements in Silver Oaks Estates and Walter Metcalf Place in the City of Dubuque. RECOMMENDATION I recommend accepting the Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, over and across portions of Silver Oaks Estates and Waler Metcalf Place, in the City of Dubuque, lowa, as shown on Exhibits A-1, A-2, and A-3 on the attached Grant of Easement. 1 ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility from Royal Oaks Development Corporation through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc. John Klosterman, Public Works Director Kerry Leppert, Water Department 2 Prepared by Nate Kieffer, City of Dubuque Engineering 50 W. 13t" St. Dubuque, IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13t" St. Dubuque, IA 52001 RESOLUTION NO. 96-21 ACCEPTING A GRANT OF EASEMENT FOR STORM DRAINAGE, SANITARY SEWER UTILITY, AND WATER MAIN UTILITY THROUGH, UNDER AND ACROSS PARTS OF SILVER OAKS ESTATES AND WALTER METCALF PLACE, 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 grant certain easements to the City of Dubuque over the following properties: Storm Drainage Easement Parts of Lots 31 thru 36, inclusive, and Lots 38 thru 41, inclusive, of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-1 attached hereto and by reference made a part hereof; and Sanitary Sewer Utility Easement Part of Lot 2 of Walter Metcalf Place, in the City of Dubuque, Iowa, as shown on Exhibit A-2 attached hereto and by reference made a part hereof; and Water Main Utility Easement Part of Lot 31 of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-3 attached hereto and by reference made a part hereof. M Whereas, RODC has executed a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, over and across portions of Silver Oaks Estates and Waler Metcalf Place, in the City of Dubuque, Iowa, as described above. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, over and across portions of Silver Oaks Estates and Walter Metcalf Place, in the City of Dubuque, Iowa, as described above, from Royal Oaks Development Corporation, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 5t" day of April, 2021. , '� Z,.,/ Roy D. Buol, Mayor Attest, _ Adrienne N. Breitfelder, tity Clerk Doc ID: 010709090008 Type: GEN Kind: EASEMENT Recorded: 04/06/2021 at 04:06:00 PM Fee Amt: $42.00 Page i of 8 Dubuque County Iowa John Murphy Recorder File2021-00005372 Prepared by: Nate Kieffer. City of Dubuque. 50 W. 1V1 Street. Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13w Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR STORM DRAINAGE, SANITARY SEWER UTILITY, AND WATER MAIN UTILITY For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, ROYAL OAKS DEVELOPMENT COROPORATION, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Storm Drainage Easement Parts of Lots 31 thru 36, inclusive, and Lots 38 thru 41, inclusive, of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-1 attached hereto and by reference made a part hereof; and Sanitary Sewer Utility Easement Part of Lot 2 of Walter Metcalf Place, in the City of Dubuque, Iowa, as shown on Exhibit A-2 attached hereto and by reference made a part hereof; and Water Main Utility Easement Part of Lot 31 of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-3 attached hereto and by reference made a part hereof. Said easements shall be as shown on the attached Easement Exhibit A-1, A-2, and A-3, for the purpose of storm water drainage, and for constructing and maintaining sanitary sewer and water main utilities and all appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said sanitary sewer and water main improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said sanitary sewer and water main and appurtenances. A2°0 �Q City EW NEE(Z Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said sanitary sewer and water main utilities thereon or therein. Dated at Dubuque, Iowa this day of 0cA , 2021. ROYAL OAKS DEVELOPMENT CORPORATION By: Thomas J. Allendorf, Vice President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this �cj day of riAcA rCA, A.D., 2021 before me, the undersigned, a -Notary Public in and for said County, in said State, personally appeared OM to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. 9,41 /�Xd' I Nota blic In and For Said State 4P0"cANGIE POTTEBAUM `k'Commission Number SM58 My Commission Expires December 30, 2022 EASEMENT EXHIBITA-1 PERMANENT STORM DRAINAGE EASEMENTACROSS LOTS 31 THRU 36, INCLUSIVE and LOTS 38 THRU 41, INCLUSIVE of SILVER OAKS ESTATES IN THE CITY OF DUBUQUE, IOWA EXISTING 10' TILITY EASEMENT NW CORNER TYPICAL LOT 36, SILVER OAKS ESTATES IMeTcq�F CgNE 40' WIDE STORM LOT 3 %�%� DRAINAGE EASEMENT S 683s36 ✓,0F e`M EASEMENT AREA = 1.21 AC ` LOT 36 % // / N 68v,�`�� S3S'?9D gCReS LOT 35 36' 36•• 1�„' i 40.00' STORM DRAINAGE EASEMENT EXISTING 10' W s��/� i L2 r 66.00' \ \\ / /� 4 UTILITY / `jS2, v `/ i �— _ C7 EASEMENT/ / LOT 34 / �L i 1 \ VFR TYPICAL/ // S / // 1 p / I� / L4 / \ .c i` S NE EXISTING 30'�<,q/�S % % / <p�gTER Oq / // LOT 33 j / / 4y**i i R6• LOTC❑RNSRLVER VERLAND DRAINAGE /C 31, I & UTILITY EASEMENT PILE I!OC KS ES /� �\ 2� 0>• OAKS ESTATES s 6 LOT 38 /' / / �00%�13 rES s'' j ti `-'q � 20 4 78•• i / LOT 39 /�%/� ��J / 7 / 2 0>' ( i LOT 32 �►� / / 30.00' STORM C N DRAINAGE EASEMENT �\ / / �� -\ 2 \ 9?248 kY LOT 40 % // i LOT 31 63-1.46 r ry 64, /// /�� T\�\ % CA SW CORNER 22' / LOT 38, SILVER >p% 19" / j LOT 41 / // LOT \ \61. OAKS ESTATES LOT A �%/% 67 / / EXISTING 10' j / 1-42 64•`� �2s. UTILITY SILVER OAKS EASEMENT/ (PLAT D❑C. NO, 49" ?�i� TYPICAL / / 2015-3342) �' 67 ` s% / / 30 WIDE STORM / DRAINAGEvi ` INE BEARING DISTANCE lo' EASEMENT _1 S 68.20.03" E 109.20' EXISTING 2 N 89'47'31" E 61.32' UTILITY EASEMENT i' EASEMENT FOR _3 S 09'36'02" E 45.02' EASEMENT �` TYPICAL AREA = 0.56 AC PIPELINE PER _4 S 89'47'30" W 69.03' INSTR, NO. 1405-91 _5 N 68'20'03" W 116.13' SE CORNER & PREVIOUS RECORDED _6 N 31.21'10" E 40.58' LOT 41, SILVER EASEMENT 7 N 0T59'35" F 32.01' OAKS ESTATES L8 111S 25'37' 1 1 " W 1 30.00' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE 0' 100, 200' C1 297.12: 218.61' 213.71' S 69'20'57" E 42'09'21" C2 383.00151.33' 150.35' S 59'26'46" E 22'38'20" C3 422.99' 188.86' 187.30' N 60'55'03" W 25'34'55" C4 257.12' 189.20' 184.96' N 69.21'47" W 42'09'41" SCALE IN FEET LEGEND SCALES 1" = 200' NOTES ��-�-�-�-" 1. ALL MEASUREMENTS ARE IN 1/,� �i EASEMENT AREA THIS EXHIBIT FEET AND DECIMALS THEREOF. �i �� `--1_ j - ( ) RECORDED DIMENSION 2. THIS PLAT IS SUBJECT TO RIGHT OF WAY AND EASEMENTS - — — — — - EXISTING EASEMENT LINE P.U.B. POINT OF BEGINNING ROW RIGHT OF WAY OF RECORD AND NOT OF RECORD. EXISTING PROPERTY LINE AC ACRES I HgREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS WEBER SURVEYING, LLC EAND//i, °°°°°° , PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR 26789 46TH AVE i UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY BERNARD, IA 52032 �G.p �'� LIC LUURVEYOR UNDER THE LAWS OF THE STATE OF I❑WA. PH. (563) 879-4173 =moo MICHAEL J.'oc^o "�j✓kAy _ �02-1 FAX: (563) 879-4199 �o WEBER a� = MICHAEL J. WEBER (DATE) DRAWN BY, MJW o 15084 s LICENSE NUMBER 15084 SURVEY DATE: 2/05/21 o MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 II DWG. 20018-02 j1111101\\\\\ SHEETS COVERED BY THIS SEAL �Y`C�r I SHEET 1 0 F 1 EASEMENT EXHIBITA-2 PERMANENT SANITARY EASEMENT ACROSS LOT 2 of WALTER METCALF PLACE IN THE CITY OF DUBUQUE, IOWA \ LOT 37 92. '� i 98 10' SANITARY SEWER EASEMENT vW 10' WIDE SANITARY SEWER EASEMENT EASEMENT AREA = 1,425 SF i\ LOT 2 I \ l \ LINE BEARING DISTANCE WALTER METCALF PLACE I `. I � u S 29.00'46" E 22.19 (PLAT D❑C, 1987-7436) I ` L2 N 41'21'02" E 10.08' EXISTING 30' OVERLAND DRAINAGE & UTILITY EASEMENT I I I I LOT 38 SILVER OAKS L ❑T 1 ESTATES (PLAT DOC. WALTER METCALF PLACE 2007-13546) (PLAT D❑C. 1987-7436) NOTES; 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. LEGEND r■r■r■r■r■,� EASEMENT AREA THIS EXHIBIT �i■i■i■i■-Y� — — — — — — EXISTING EASEMENT LINE EXISTING PROPERTY LINE 0' 25' 50' SCALE IN FEET SCALE: 1" = 50' RECORDED DIMENSION P.O.B. POINT OF BEGINNING ROW RIGHT OF WAY AC ACRES \\\1\11111111111/111I HgREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS WEBER SURVEYING, LLC LAND//// PREPPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR ii 26789 46TH AVE UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AMA DULY BERNARD, IA 52032 LICE�LDURVE OR UNDER THE LAWS OF THE STATE OF IOWA, a 2° (( PH: (563) 879-4173 �e MICHAEL J,°eo•,� 1jYH�►r w2� FAX: (563) 879-4199 =tea WEBER oA= MICHAEL J. WEBER (DAT ) DRAWN BY: MJW 15084o LICENSE NUMBER 15084 SURVEY DATE: 2/05/21 A\\\\\\\\\\ Z� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 DWG. 20018-03 �IIIIIIIIIII� SHEETS COVERED BY THIS SEAL— ' SHEET 1 ❑ E 1 EASEMENT EXHIBIT A-3 PERMANENT WATER MAIN EASEMENT ACROSS LOT 31 of SILVER OAKS ESTATES IN THE CITY OF DUBUQUE, IOWA / / / / / / / L / / / / / / / LEGEND RECORDED DIMENSION P.O.B. POINT OF BEGINNING ROW RIGHT OF WAY AC ACRES tir.iaimism io s / 7 0j, NW CORNER LOT 31, SILVER ❑AKS ESTATES \ 0' 25' 50' LOT 31 \\\� SCALE IN FEET SILVER OAKS ESTATES NE CORNER"--" LOT 31, SILVER OAKS ESTATES --- C2 SCALE; 1" = 50' (PLAT D❑C, 2007-13546) 20' WIDE WATER MAIN "' ��! `�� . LOT 12 EASEMENT �t `,�`\�i o�^� ELMW❑❑D EASEMENT AREA = 41189 SF 4 �\�\`�� o ACRES _"4(PLAT INSTR, 20' WIDE WATER �� \`��r� `� NO. 1841-78) MAIN EASEMENT EASEMENT AREA THIS EXHIBIT — — — — — — EXISTING EASEMENT LINE ,yD ^� `� `� ` y 'L EXISTING PROPERTY LINE O y yl 1 1 EASEMENT FOR PIPELINE PER INSTR. NO. 1405-91 & PREVIOUS RECORDED EASEMENT 0 \ ` q � NOTES1 1. ALL MEASUREMENTS ARE IN LINE BEARING DISTANCE FEET AND DECIMALS THEREOF. L1 N 56'01'02" W 21.74' 2. THIS PLAT IS SUBJECT TO CURVE RADIUS I ARC LENGTH CHORD LENGTH CHORD BEARII RIGHT OF WAY AND EASEMENTS OF RECORD AND NOT OF RECORD, Cl 383.00' 1 151.33' 150.35' S 9'26'46" I _ 59- , I HgREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS WEBER SURVEYING, LLC LANDi,�i PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR 26789 46TH AVE UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY BERNARD, IA 52032 LICEN ND SURVEYOR UN ER THE LAWS OF THE STATE OF IOWA. PH (563) 879-4173 _ ci' MICHAEL J.°o ff; 0/ �j s• ?021 FAX: (563) 879-4199 �e WEBER aA= MICHAEL J. WEB (DATE) Y DRAWN BY1 MJW 15084 LICENSE NUMBER 15084 SURVEY DATE 4/07/20 0 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 DWG, 20018-04oaaoa1 /////////1/IIIIIOII IIA\\\\\\\\\ SHEETS COVERED BY THIS SEAL Q,�i� I SHEET 1 ❑ rr 1 Prepared by Nate Kieffer. City of Dubuque Engineering 50 W. 13t' St. Dubuque, IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13'h St. Dubuque, IA 52001 RESOLUTION NO.96-21 ACCEPTING A GRANT OF EASEMENT FOR STORM DRAINAGE, SANITARY SEWER UTILITY, AND WATER MAIN UTILITY THROUGH, UNDER AND ACROSS PARTS OF SILVER OAKS ESTATES AND WALTER METCALF PLACE, 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 grant certain easements to the City of Dubuque over the following properties: Storm Drainage Easement Parts of Lots 31 thru 36, inclusive, and Lots 38 thru 41, inclusive, of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-1 attached hereto and by reference made a part hereof; and Sanitary Sewer Utility Easement Part of Lot 2 of Walter Metcalf Place, in the City of Dubuque, Iowa, as shown on Exhibit A-2 attached hereto and by reference made a part hereof; and Water Main Utility Easement Part of Lot 31 of Silver Oaks Estates, in the City of Dubuque, Iowa, as shown on Exhibit A-3 attached hereto and by reference made a part hereof. and; Whereas, RODC has executed a Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, over and across portions of Silver Oaks Estates and Waler Metcalf Place, in the City of Dubuque, Iowa, as described above. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Drainage, Sanitary Sewer Utility, and Water Main Utility through, over and across portions of Silver Oaks Estates and Walter Metcalf Place, in the City of Dubuque, Iowa, as described above, from Royal Oaks Development Corporation, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 5th day of April, 2021. A n Roy D. Buol, Mayor Atte ti 0_ 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. 96-21 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 ___ __ — ___ — — ___"__—_— — l:5 Hlkl�bl � - - __ ' '_. LL — . —.n—.-.. — .-_ r_ .. --.r.- — _ '4 " -' _ _ \\ __'__'_ _'__ v� ' � _ —' — i�\' � . '_ _ d =— _ . 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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 � �