South Way at Asbury VacateMEMORANDUM
September 9, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - South Way at Asbury Road
In response to a request from Clarence P. Pfohl to vacate a portion of South Way at
Asbury Road, Public Works Director Mike Koch states that the City has no plans for the
utilization of that portion of South Way, except for reserving the utility easements as
noted. Public Works Director Mike Koch recommends approval of the request to
vacate, that the purchase price be established at $1.00, plus the cost of surveying,
platting, publication and filing fees, and that a public hearing be set for October 6, 2003.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 8, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director ~'.,~
Vacating Petition - South Way at Asbury Road
INTRODUCTION
This is in response to a request from Clarence P. Pfohl for the vacating of a portion of
South Way at Asbury Road.
DISCUSSION
The attached plat shows the proposed area to be vacated. The abutting property is
owned by Clarence P. Pfohl. South Way was realigned to accommodate better visibility
with the intersection of Asbury Road when Westchester Subdivision was being
constructed. This realignment shifted the road easterly at its northern terminus creating
excess right-of-way. This excess right-of-way is the area being platted and vacated at
this time with reservations for public utilities over the entire lot. Acquisition of right-of-
way from DuTrac Community Credit Union to establish the required 50-foot width is in
process.
The area to be vacated is divided into one lot numbered Lot lA of part of South Way in
Block 10 in Westchester Subdivision in the City of Dubuque.
The property has been valued at $1.00, plus the cost of surveying, platting, and
publication and filing fees.
RECOMMENDATION
The City has no plans for the utilization of this portion of South Way to be vacated,
except for utility easements as noted.
I would recommend that the area indicated by Lot lA of par[ of South Way in Block 10 in
Westchester Subdivision in the City of Dubuque as shown on the attached plat be
vacated, and that a public headng be set for the disposition of the City's interest in the
subject area on October 6, 2003. I would further recommend that the purchase price be
established at $1.00, plus the cost of surveying, platting, and publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through adoption of the enclosed
resolutions and ordinance.
Prepared by Ronald J. Turner, PLS
VICINITY MAP
ASBURY ROAD AND SOUTH WAY
NORTH
2OO
GRAPHIC SCALE
0 100 200
400
I
AREA TO BE VACATED
! ; ..
!
% ;
;
I
I
1 INCH = 200'
/;
; /
I
Ii I
/
:
1
May 7, 2003
Dubuque City Council
City Hall
Dubuque, IA 52001
Dear Mayor & Members of the Dubuque City Council:
Since June 29, 1993, I have owned and resided m my residence at 3501 Asbury l~o"ad,
Dubuque, Iowa, 52002,~ My lot is located at the southwest comer of the intersection of Asbury Road
and South Way and is legally described as:
Lot 1 of Lot 1 of Block 10 of Westchester in the City of Dubuque, Iowa, according
to the recorded plat thereof, subject to easements of record
Recently Alliant Energy began ro construct a High Voltage Switch Box in the northeast
comer of what I thought was part of my lot. In checking into this I discovered the following:
At some point in time after 8/8/1988, when the original plat was filed (copy
attached), South Way was moved easterly a short distance, to intersect with Asbury
Road (see aerial photo attached).
This created a triangular area between my lot and the westerly edge of the right of
way for South Way (triangular area shaded in yellow on the aerial photo).
I have always considered said triangular area to be a part of my residential lot and have maintained
it over the years by cutting grass, snow shoveling, etc. It is my desire to acquire it from the City of
Dubuque.
Please refer this matter to the appropriate City Depat~nents and staff for processing and the
ultimate setting of a public hearing for the conveyance of the said Iriangular area ro me. I undersumd
and agree the conveyance would be subject to an easement in favor of Alliant to maintain its Switch
Box. My son, Donald PfohI, will be assisting me in this matter.
Respectfully submitted,
1895 Bennett Street I
Dubuque, IA 52001
Phone: 583-2341
Clar~n-ce~P. Pfofil
3501 Asbur~ Road
Dubuque, IA 52002
Phone: 556-5768
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 326-03
RESOLUTION APPROVING PLAT OF A PROPOSED PORTION OF
SOUTH WAY AT ASBURY ROAD
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 13th day of August, 2003 prepared by Schneider
Land Surveying & Planning, Inc. describing the proposed vacated portion of
South Way at Asbury Road; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated the 13th day of August, 2003 prepared by
Schneider Land Surveying & Planning, Inc. relative to the real estate
hereinabove described be and the same is hereby approved, and the Mayor and
City Clerk be and they are hereby authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed
to file said plat and certified copy of this resolution in the office of the Recorder in
and for Dubuque County, Iowa.
2003.
Passed, approved and adopted this
15th day of September ,
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
,,.~,,~ ~,-~ Lo~ ~7 PLAT OF SURVEY
s~b,.= ~ LOT ~A OF PART OF SOUTH WAY IN
_ ~)~-~/~' PzPE ~-~ BLOCK J0 OF NESTCHESTER.
~ ~' ~T~ OF DUBUQUE, DUBUQUE COUNTY, IOWA.
~~~ I~ ~.i~7. ,,'
~ ........ ~ ~'~/ ~ / -:
~ ~,~ ..~ ~ - . ,
ORDINANCE NO. 72-03
ORDINANCE VACATING A PORTION OF SOUTH WAY AT ASBURY ROAD
Whereas, Clarence P. Pfohl has requested the vacating of a portion of South Way at
Asbury Road; and
Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted
to the City Council a plat showing the vacated portion of South Way at Asbury Road and
assigned a lot number thereto, which hereinafter shall be known and described as Lot lA
of part of South Way in Block 10 in Westchester Subdivision in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that the a
portion of South Way at Asbury is no longer required for public use and vacating of said
street known as Lot lA of part of South Way in Block 10 in Westchester Subdivision in the
City of Dubuque, Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot lA of part of South Way in Block
10 in Westchester Subdivision in the City of Dubuque, Iowa, be and the same is hereby
vacated.
Passed, approved and adopted this 15th
day of September, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 327-03
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
lA OF PART OF SOUTH WAY IN BLOCK 10 IN WESTCHESTER
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, Clarence P. Pfohl has requested the vacating of a portion of
South Way at Asbury Road in the City of Dubuque, Iowa; and
Whereas, Schneider Land Surveying & Planning, Inc. has prepared and
submitted to the City Council a plat showing a portion of South Way at Asbury
Road and assigned lot number thereto, which hereinafter shall be known and
described as Lot lA of part of South Way in Block 10 in Westchester Subdivision
in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this portion of South Way at Asbury Road is no longer required for public
use, except for utility easements as noted, and vacating and sale of said portion
of South Way known as Lot lA of part of South Way in Block 10 in Westchester
Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in
Lot lA of part of South Way in Block 10 in Westchester Subdivision in the City of
Dubuque, Iowa.
Section 2. That the conveyance of Lot lA of part of South Way in Block
10 in Westchester Subdivision in the City of Dubuque Iowa to Clarence P. Pfohl
be contingent upon the payment of $1.00, plus surveying, platting, publication
and filing fees.
Section 3. The City reserves unto itself a perpetual easement including
the right of ingress and egress thereto, for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning, operating, and maintaining water,
sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines
as may be authorized by the City of Dubuque, Iowa, as shown on the plat of
survey of Lot lA of part of South Way in Block 10 in Westchester Subdivision.
Section 4. That the City Clerk be and is hereby authorized and directed
to cause a notice of intent to dispose of said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this 15th
Attest: ~
~/~'eanne F. Schneider, CMC, City Clerk
day of September~ , 2003.
T~'rrance M. Dug'~-an¢or
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT lA OF PART OF
SOUTH WAY IN BLOCK 10 IN WESTCHESTER SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation published
in the City of Dubuque, Iowa on this day of ,2003, the City Council of
the City of Dubuque, Iowa met on the day of ,2003, at 6:30 p.m. in
the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to
consider the proposal for the sale of real estate described as:
Lot lA of Part of South Way in Block 10 in Westchester Subdivision in the City of
Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to sell such real estate, except for easement as
noted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot lA
of Part of South Way in Block 10 in Westchester Subdivision in the City of Dubuque,
Iowa to Clarence P. Pfohl be and the same is hereby approved for the sum of $1.00 plus
costs of surveying, platting, publication and filing fees. Conveyance shall be by Quit
Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said
deed of conveyance to Clarence P. Pfohl upon receipt of the purchase price in full.
Section 3. The City reserves unto itself a perpetual easement including the
right of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage,
gas, telephone, television cable, fiber optics, and electric lines as may be authorized by
the City of Dubuque, Iowa, as shown on the plat of survey of Lot lA of part of South Way
in Block 10 in Westchester Subdivision.
Section 4. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this
day of ,2003.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATE1V[ENT
The transferor of real property is required to complete Part I of this
form. The purpose of the statement is to satisfy legal requirements
for filing instruments of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The Department of
Natural Resources does not approve or disapprove of property
transfers based on these statements. The statement must be signed
by one of the persons transferring the property interest or that
person's agent. An agent signing this form represents the
information from transferor to be correct.
For the most part the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(1, 2, 3, 4 and 5) must be checked, and if one or mom of thc
statements checked requires the transferor to provide additional
information, that information is to be provided in part I. Relate the
additional information to the specific category of facility (well,
etc.) by numbering it with the corresponding number (I, 2, 3, 4,
5). If additional space is needed, type or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and attach the additional information to all copies of the form.
When describing the location of a facihty on the property, be
reasonably precise, such as a specific distance and general
direction from a landmark or comer of the property. A
professional survey is not necessary. The following definitions are
for use in completing the form.
1. Wells - A "well" is any excavation that is drilled, cored, bored,
augered, washed, driven, dug, jetted or otherwise constructed for
accessing groundwater or for diverting surface water into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage tiles which discharge to the surface.
If a well is an "abandoned well" or an "agricultural drainage well,"
tb/s must be identified and the status of the well with respect to
Iowa Code sections 455B.190 and 159.29, respectively, must he
stated. An "abandoned well" is a well no longer in use or in such
state of disrepair that continued use is unsafe or impracticable.
Abandoned wells are to be properly plugged in accordance with
chapter 39 of the rules of the Deparmaent of Natural Resources.
(567 Iowa Administrative Code, Chapter 39)
3. Hazardous Wastes - "Hazardous waste" is del'reed in Iowa
Code section 455B.411, 567--141.2 (455B), I.A.C., and federal
regulations referenced therein. It is generally defared as waste
that poses a threat to human health or the enviromnent. It
includes wastes which are ignitable, corrosive, toxic, explosive,
violently reactive, or specifically listed as hazardous in the Code
of Federal Regulations (40 CFR 261). EXCLUDED are
household wastes, agricultural wastes returned to the soil as
fertll/zers or soft condifiene~s, agricultural chamicals applied or
disposed of by a farmer in accordance with the msnufactvxer's
instructions, lriple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required to be aware of
hazardous waste laws.
4. Underground Storage Tanks- "Underground storage tank"
means one or a combination of tanks, including underground
piping cannccted to the tanks, used to contain an accumulation of
regulated substances, and the volume of which is t0 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum product* and hazardous or toxic materials
identified in 567--135.2(455B), I.A.C. Underground storage
tank does not include:
a. Farm or residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes. But
See 455B.473(4))
b. Tanks used for storing heating oil for consumptive use on the
premises where stored.
c. Residential septic tanks.
d. Pipeline facilities regulated by state or federal law.
e. A surface impoundment, pit pond, or lagoom
f. A storm water or wastewater collection system.
g. A flow-through process tank.
h. A liquid trap or associated gathering lines directly related to
oil or gas production and gathering operations.
i. A tank in an underground area such as a basement or mine, if
the tank is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
An "agricultural drainage well" is a well coustmcted for the
purpose of draining, or which drains, water from agricultural land
to an aquifer (underground), excluding drainage tile intakes which
out/et to the surface. Agricultural drainage wells are required to
be registered with the deparlment by September 30, 1988, and the
owner of the well and of the land drained by the well are to
develop a plan proposing alternatives to the use of the well by
July 1, 1998 (See Iowa Code Section 159.29.)
2. Solid Waste - "Solid waste" means garbage, refuse, rubbish
and other similar discarded solid or semisolid material. It does not
include din, stone, brick, or similar inorganic material used for fill,
as long as no other solid waste is included. See 567--100.2(455B),
Iowa Administrative Code (LA.CO for further def'mifious. A
"disposal site" is any area on the property on, in, or under which
solid waste has b, een disposed, whether or not the disposal is or
was regulated by the department.
If the transferor or agent has not received notice from the
Department of Natural Resources that the disposal site has been
deemed to be potentially hazardous, there is no duty to inquire re
the deparUnent.
"Tank type" means the material of construction (steel, fiberglass
minfomed plastic [FRP], or other [specify]); and any internal or
extema} protection such as a protective coating or wrapping, or
cathodic protection.
Identify the capacity in gallons and the substance stored hi eacli
tank.
5. Private Burial Sites - "Private Burial Site" means one or
more graves contslning human rema/ns. For each site the
transferor shall state the location of the site. For each decedent
buried on the property the transferor shall state all known
identifying information of that decedent including name, date of
death, and date of b/rrb.
6. Filing - Thc original of this form must be presented to the
county recorder when thc document to be recorded is filed. The
Recorder shall forward the original to the transferee when the
recorded insmmaent is returned. The recorder is not required to
keep any copies.
*Note The land application of sludges or soils resulting from the
remediation of underground storage tank releases accomplished in
compliance with Department of Naturai Resources roles without a
perm/t is not requ/red to be reported as the disposal of solid waste
or hazardous waste. (See Iowa Code Section 558.69)
DNR form (July 99)
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name City of Dubuoue
Address
TRANSFEREE Name
50 W. i3th Street
Nttmber and S~eet or KK
Clarence P. Pfohl
Dubuque, IA 52001-4864
City, Town or P.O, State
Address 3501 Asbury qoad Dubuque, IA 52002
Address of Propeny Transferred NA
C/ty. Town, or P.O. State Zip
Legal Description of ProperEF Lot lA of parr of South Way in Block 10 in Westchester Subdivision in the
City of Dubuque, Dubuque County, Ic~va
1. Wells (cheek one) X] There are ne known wells situated on this property.
[] 21aere is a well or wells situated on this property. The type(s), location(s) and legal stares are stated below.
2. Solid Waste Disposal (check one) I~ There is no known solid waste disposal site on this property.
[~ There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
[] There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one) ~t There is no known hazardous waste on this property.
[] There is hazardous waste on this property and it is being managed hi accordance with Department of Natural Resources rules.
4. Underground Storage Tanks (check one)
~ There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks, cisterns and septic tanks, in insmactions.)
[] There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described
below.
5. Private Burial Site (check one) [] There are no known private burial sites on this property.
[] There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the
decedent is stated below.
Information, if any, required by statements checked above:
Attachment for Additional lnformation? Y/~) If so. numberofpages
I HEREBY DECLARE THAT TltE ENFORMATION CONTAINED IN PART 1 OF THIS STATEMlgNT IS TRUE AND CORRECT
~'~'~o~o~g~0 M ~ ~O~ff Telephone Number: ~].589-4270
Signature:
(T~ ichael A. Koch, Public Works Director
PART H - TO BE COMPLETED BY RECORDER
Date of Instrumem Book/I.D. Page/I.D.
Date of Recording City or Township
Deed [] Conla-act [] County
DNR form (July 99) FILE WITH RECORDER s42-0~0
(See Inslruction #6)
Prepared by: SCHNEIDER Land Surveying and P]anning, Inc. P.O.Box JO5 Peosta, Iowa 52068 Ph#563-556-9055
SW'ERLYCORNER~/~"'"'~ LOT,7 PLAT OF SURVEY
LOT '~7, BLOCK % ,9~, ~0 '
SUNSET PARK SU~B,:. ~e~' LOT ~A OF PART OF SOUTH WAY IN
~ ~)~-~/~" P~ ~/~_~ BLOCK 10 OF WESTCHESTER,
~ .......... ~tY OF DUBUQUE, DUBUQUE COUNTY, IowA./~J
~ ~ ERLY CORNER~ ~
~ LOT ~ BLOCK ~ ~ I~1
SUNSET PARK SUB~ ~ I~1
~ FOUND ~-J/4" PIPE · LOT ~6,
~ ~ ~ CITY OF DUBUQUE, IIII
NW CORNER ~. _~/ ~ DUBUQUE COUNTY, IOWA /LII
LOT J-J, BLOCK JO ~ ~Y %
.NSeC.EST,. % ¢~ ~
FOUND 5/8 REBAR ~ _~ % ~v~ ~ . i. /
~/c.. ¢~ ~ / % % ~ NI /
/
% ~ / ' ~ ~ ~ ~ LOT JC, BLOCK ~,
~ ~ /~ ~ ~ ~ SUNSET PARK SUBB.
~~ /~' ~ ~ ~ FOUND J-J/4" PIPE~ /1111
'~.~ ~ ~ /~ ~ ~ ~ / / I~1
· /
~- ~ ~0 ~ - ~ /
LOT l-J. BLOCK ~0, ~ m .
C~TY OF DUBUOUE. ~OHA U~TCNE~TER : m m. / ~/ ~ /
FOUND J ~/4" PIPE ...... ~ = . ~ /
- ~ FOUND 5/8 REBAR . ~ ~ / ~/
~ '~o, ~ w/ CAP ~9651 ~ ~ ~ I ~/~ I /
GRAPHIC SCALE ~"=20 '
~ FOUND~ ~ / / /
0 20 40 60 PZPE / / /
Z hene~y cent~fy that this land surveying document ~as ~CH~DE~
~%A~Silllllilllllll//~ prepared 8~d the related survey work was pePfoPBed
PROPRIETOR: ~ LAND ~¢¢~ by me on under ray.Pact personal supervision and that Land Surveying
~~ I~ duly 11ceCe~ ~nd Surveyor under ~he laws of
CITY OF DUBUQUE, IOWA f~ ~ ~
~ ~ -- ~ ~? S~te o Planning, Inc.
SURVEY REQUESTED BY: Iowa 5~06~
DONALD PFOHL ~% ~ ~ ~ ~ Peosta,ph~ 5~3-5~-9055
~P. Schne~deP P.L.S. ~44~7 . a~e.
SURVEY DESCRIPTION: ~ ~ Pro~ect: 536
SEE SHEET 2 ~ ZO~k ~q My ]~cense renewal date ~s Deceaber 3~, aO03.
%//////~/,~mm¢¢ Pages or shee~s coverea by th~s seal: THIS SHEET oNLY Date: 7/3/a003
Sheet:
Sheet 2 of 4
Proprietor:
City of Dubuque, Iowa
Survey Requested By:
Donald Pfohl
SURVEY DESCRIPTION: Lot lA
Part of South Way in Block 10 of Westchester in the Northeast Quarter of Section 21,
Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, Dubuque County,
Iowa, and more particularly described as follows: Beginning at the southeast corner of
Lot 1 of Lot 1 in Block 10 of Westchester, City of Dubuque, Dubuque County, Iowa;
thence N89°28'31"E, 14.33 feet; thence northerly and northeasterly, 35.57 feet along a
curve having a radius of 204.64 feet, concave to the southeast, a central angle of
9057'34.' and a chord which beam N26°27'59"E, 35.53 feet; thence N31°26'46"E
tangent to said curve, 10.44 feet to the south right of way line of Asbury Road; thence
N58°32'36"W, 41.84 feet along said right of way line to the northeast corner of said Lot
1 of Lot 1; thence S00°04'43"E, 62.68 feet along the west line of said Lot 1 of Lot 1 to
the point of beginning, containing 1373 square feet.
This survey was performed for the purpose of vacating part of South Way adjacent to
Lot 1 of Lot 1 in Block 10 of Westchester, City of Dubuque, Dubuque County, Iowa.
This parcel is subject to easements, reservations, restrictions and rights of way of
record and not of record, the plat of which is attached hereto and made a part of this
certificate. All monuments were placed or shall be placed within 30 days from the date
this plat is recorded.
I hereby certify that this land survey document was prepared and the related survey
work was performed by me or under my direct personal supervision and that I am a
~~aws of the State of Iowa.
Da"V~ P. Schneider P.L.S. #14417 Da[e:
My license renewal date is December 31, 2003.
Pages or sheets covered by this seal: Surveyor's Certificate Only
Schneider Land Surveying & Planning, Inc.
P.O. Box 105 Peosta, Iowa 52068
Phone: 563-556-9055 Fax: 563-556-9054
Emait: schneidedsp@mwci.net
Job No. 536
Date: 7/3/2003
Sheet 3 of 4
OWNER'S CONSENT
Dubuque, Iowa ,2003
The foregoing plat of Lot lA of part of South Way in Block '10 of Westchester in the Northeast
Quarter of Section 2'1, Township 89 North, Range 2 East of the Sth P.~V~., City of Dubuque, Iowa, is
made with the free consent and in accordance with the desires of the undersigned owner and proprietor
of said real estate.
City of Dubuque, Iowa
Terrance M. Duggan
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the City of Dubuque
State of Iowa )
) SS:
County of Dubuque )
On this day of ,2003, before me, a Notary Public in and for the State of
Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, and
who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively~ of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque,
Iowa, by authority of the City Council of said city, and the said Terrance M. Duggan and Jeanne F.
Schneider acknowledged the execution of said instrument to be the voluntary act and deed of said City
of Dubuque, Iowa, by it voluntary executed.
Notary Public in and for the State of Iowa
My Commission Expires
CITY OF DUBUQUE PLANNING SERVIC_~-~
Dubuque, Iowa ~ 'Z,'""(, 2003
The forgoing plat of Lot IA of part of South Way in Block 10 of Westchester in the Northeast
Quarter of Section 21, Township 89 North, Range 2 East of the 5t~ P.M., City of Dubuque, Iowa
being within the jurisdiction of the City of Dubuque, Iowa has been reviewed by the City Planner, (or
designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of
Ordinances, and said approval has been endorsed herein on the date first written above.
City Planner
Planning Services Division,
City of Dubuque, Iowa
Sheet 4 of 4
CITY COUNCIL APPROVING PLAT
Dubuque, Iowa ,2003
The undersigned, Mayor and Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that
the foregoing plat of Lot IA of part of South Way in Block 10 of Westchester in the Northeast
Quarter of Section 21, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, Iowa,
has been filed in the Office of the Clerk of the City of Dubuque, Iowa and that by Resolution
No. the Dubuque City Council approved said plat.
Terrance M. Duggan
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the City of Dubuque
State of Iowa )
) SS:
County of Dubuque )
On this day of ,2003, before me, a Notary Public in and for the State of
Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, and
who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque,
Iowa, by authority of the City Council of said city, and the said Terrance M. Duggan and Jeanne F.
Schneider acknowledged the execution of said instrument to be the voluntary act and deed of said City
of Dubuque, Iowa, by it voluntary executed.
Notary Public in and for the State of Iowa
My Commission Expires
COUNTY AUDITOR
Dubuque, Iowa
The forgoing plat was entered of record in the office of the Dubuque County Auditor this __
day of ,2003.
,2003
County Auditor of Dubuque County, Iowa
CITY ASSESSOR
Dubuque, Iowa
The forgoing plat was entered of record in the office of the Dubuque City Assessor this
day of ,2003.
,2003
City Assessor of Dubuque, Iowa