Plat, final HyVee 400 S. LocustPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
November 8, 2004
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
Final Plat
Applicant: Hy-Vee Inc.
Location: 400 South Locust Street
Description: Final Plat Hy-Vee Subdivision
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, memorandum and related materials are attached for your
review.
Discussion
Wray Childers, IIW Engineering, representing the applicant, spoke in favor of the
request. He reviewed the final plat, noting that the vacated right-of-way of Railroad
Avenue is consolidated into the final plat.
Staff Member Kyle Kritz reviewed the request, stating the plat facilitates development of
the new Hy-Vee supermarket and convenience store.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the submitted final
plat is in substantial compliance with the City's Subdivision Regulations.
Recommendation
Bya vote of 5 to 0 at their October 6, 2004 meeting, the Zoning Advisory Commission
recommends that the City Council approved the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Jeff Stiles, Chairperson
Zoning Advisory Commission
PI- tvÐe or Þrint leGiblY in ink
PftIpertyowner(s): HY- \lee- ¡/Jr!,. phone: 5'5/2~7 - Z~OO
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Address: áty: [)J/!S7' ];gs)l/r¡,,;eJ SiZlte! fA Zip:..so 'Up (,p
Fax Number! 51;;--2 {P7 - Z. 9' .3 S- Moblle/CefhJar Number.
Applicant/Agent: Denni sA. AfA><ÍIMs .. I-I-¡-vu- Ir¡&.phone: '::54m <'!-
foddress: 5A-'>Y1-e- Oty: $A-....."r sœœ:_ZJp:
fax lIIumber: ~þ.y, t? Mobile/Cellular Number. -
S1telocatJon/addres;: "1;;07;:f ~:~~a¡J;/:;;~f¡jfJ7!,'f,ONI¡/Al-Uì 57"-
existing zoning: C 3 Proposed zonIng: ~ Hi$\X)riC DiWi<;t. Ulndmar1<: Z~~ ð,<./
"'<..t.5:/
Legal DesCrIption (Sidwell parcel rolll "" lot number/block nurr1bel'/sutxl'rvision):
::;~ /J"1'1'/fc;-fc5b
2.
3.
The real estate described in WaITanty Deed dated March I, 2004 and filed March 11, 2004
as Instrument No. 3860-04, Dubuque COUllty Recorder's Office described as follows:
TRACT I
Lot 2 of Lot 1 of Lot 1 of Lot 1 of HENRY A. ROBINSON INDUSTRIAL
SUBDrvISION; AND, Block 3[, in DUBUQUE HARBOR CO,'S ADDITION; ¡" the City
of Dubuque, Iowa, accordin& to the Plat recorded as fustrurncnt No. 2174-87, rc<ords of
Dubuque County, Iowa, EXCEPT that part of the above des<Iibed property conveyed to the
City of Dubuque, Iowa, by Warranty Deeds, recorded.s Instrument No. 4311-89. 4312-89
& 5472-88, records of Dubuque COImty, Iowa,
TRACT IT
A pared ofland located in Lot 2 of Lot I of Lot 1 and in Lot 2, both of "Henry A.
Robinson's Industrial Subdivision" in the City ofD\lbuque, Iowa, as described in Patent
Instrument /19940-92. records of Dubuque County, Iowa,
TRACT ill
Lot IA of Hei\rY A. Robinson's Industrial Subdivision in the City ofDubLlqLle, Iowa,
according to the recorded Plat thereof.
AND
The real eslute described in WammtyDeed dated Sept=ber 30,2003 and filed October 10.
2003 115 fustrum<nt No. 27928-03. Dubuque County Recordal"s Office described as
follows:
Lot ¡ of Lot I of Lot 1 of Lot 1 in "HENRY A. ROBINSON INDUSTRIAL
SUBDIVISION" in the City of Dubuque, Dubuq\le County, Iowa, according to the
recorded Plat thc:rcof, EXCEPT that part thereof <ondemned by the State of Iowa,
Instrument No. 7176-88, records of Dubuque CoUnty, Iowa. ¡-
AND
Lot 2 of Lot 1 of Eagles Place in the City of Dubuque, Iowa, according to the recorded ~t . . .
thereof. -(C<..rfi:rz.tßJ1-'-L Pft~r t>~ t....!:!7' I Of" E?AI::i:::.E>. Mc!?"..) fU/r PIII/j)IP&'
ú-r / t!!F- ø'kbL£'5 f'LflC-F (»1'-'- ¡;5é1' ,ç;~Dti'þ f11. I 'Of'. '7êJ Dc.. -r: /&
Cðvpe//.- 1"11- AND
Lot IA of Eagles Place in the City of Dubuque, Iowa, a<cording to tho record.d Plat
thereof. (ð-u?-~fW~ J2/1iL/?-oAD Avt';)
MEMORANDUM
September 24, 2004
TO:
Zoning Advisory Commission
FROM:
Kyle L. Kritz, Associate Planner
SUBJECT:
Final Plat Hy-Vee Subdivision in the City of Dubuque, Iowa
INTRODUCTION
The submitted final plat of Hy-Vee Subdivision consolidates eight existing parcels into
two lots to facilitate development of a new Hy-Vee Supermarket and a Hy-Vee
Convenience Store/gas station. The subject property has frontage on South Locust,
Harrison and Valley Streets.
DISCUSSION
The submitted final plat of Hy-Vee Subdivision facilitates construction of a new 78,000
square foot Hy-Vee Supermarket on Lot 2 and construction of a new Hy-Vee gas
station/convenience store on Lot 1. The submitted plat consolidates eight existing lots
into two and also incorporates the vacated right-of-way of Railroad Avenue into Lot 2.
The submitted plat also facilitates relocation of vacated public and private utilities that
are currently within the Railroad Avenue right-of-way.
RECOMMENDATION
The submitted final plat of Hy-Vee Subdivision is in substantial compliance with the City
of Dubuque Subdivision Regulations and Planning staff recommends that the Zoning
Advisory Commission approve the plat as submitted.
KLKlmkr
Attachments
Prepared by: Laura Carstens City Planner Address: CitY Hall. 50 W. 13th 5t Telephone: 589-4210
RESOLUTION NO. 418 -04
RESOLUTION APPROVING THE FINAL PLAT OF HY-VEE SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Hy-Vee
Subdivision in the City of Dubuque, Iowa; and
Whereas, upon said Final Plat appear, a street to be known as Valley Street
(Lots A and B) together with certain public utility and sewer easements which the
owners by said final plat have dedicated to the public forever; and
Whereas, the Final Plat has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating to it, except that no streets or
public utilities have yet been constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Valley Street (Lots A and B) together with
the easements for public utilities, sanitary sewer, storm sewer and water mains as they
appear upon said Final Plat, be the same and are hereby accepted; and
Section 2. That the Final Plat of Hy-Vee Subdivision is hereby approved and
the Mayor and City Clerk are hereby is authorized and directed to endorse the approval
of the City of Dubuque, Iowa upon said Final Plat, provided the owners of said property
herein named, execute their written acceptance hereto attached agreeing:
a)
b)
To relocate existing sanitary sewer and water main in accordance with
City of Dubuque Standards and Specifications, all in a manner acceptable
to the City Engineering in conformance with construction improvement
plans approved by the City Engineer and inspected by the City Engineer.
To provide easements for the relocated sanitary sewer and water main to
the City of Dubuque.
To maintain the sanitary sewer and water main improvements for a period
of two (2) years from the date of acceptance of these improvements by
the City of Dubuque, Iowa, at the sole expense of the owner or future
owner(s).
And, further, provide that said Hy-Vee, Inc. as owner of said property, shall
secure the performance of the foregoing conditions provided in this Section by providing
guarantees in such form and with such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
c)
Section 3. Sidewalk installation shall be the responsibility of the owner
abutting the public rights-of-way, including lots with multiple frontages, as required by
City Code 41-161 through 41-164. The responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation will not be required until the development of
the lot has been completed, except as required herein. In sparsely developed
subdivisions, sidewalks on developed lots will not be required until 50% of the lots
approved by the plat have been developed. All vacant lots shall have sidewalks
installed upon development of 80% of the lots approved by the final plat.
Section 4. That the final acceptance of all public improvements shall occur
upon certification of the City Engineer to the City Council that all public improvements
have been completed in accordance with the improvement plans and City standard
specifications and accepted by City Council resolution.
Passed, approved and adopted this 15th day of November, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 418 - 04
I, Dennis A. Ausenhus, the undersigned, representing Hy-Vee, Inc., having read
the terms and conditions of Resolution No. 418-04 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated this 16th day of December, 2004.
Hy-Vee, Inc.
/s/ Dennis A. Ausenhus
SeniorV.P., Real Estate/Engineering
ACCEPTANCE OF RESOLUTION NO. -04
I, Randy Downs, the undersigned, representing Hy-Vee, Inc., having read the
terms and conditions of Resolution No. -04 and being familiar with the conditions
thereof, hereby accept the same and agree to the conditions required therein.
Dated this day of 2004.
Randy Downs
Hy-Vee, Inc.
ATIORNEY'S OPINION
,Iowa
,20-
TO WHOM IT MAY CONCERN
This will certify that I have examined the abstract of title covering the real estate platted on the foregoing
plat of HY-VEE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, according to the plats thereof
covering the period from government entry to certified on that date by
and find that said abstmct shows good and
merchantable title to said real estate in
free and clear of all liens and encumbrances and shows taxes paid including taxes for the year
Attorney At Law
Dubuque, Iowa
ZONING ADVISORY COMMISSION
Dc;',
(..
,20:="1
The foregoing plat of HY-VEE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, is hereby
approved by the City of Dubuque Zoning Advisory Commission and approval of said plat by the City
Council of the City of Dubuque, Iowa, is hereby recommended.
.1Ltó ~
Chairman, Dubuque Zoning Advisory Commission
CITY COUNCIL
Dubuque, Iowa
~f'¿¿"¿;{4':~~ / ::;.- ,20"'-~/
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
of HY-VEE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, has been filed in the office of the
Clerk of the City of Dubuque, and that by Resolution No. '//,.ý ,,7'1' the Du ue City Council
approved said plat.
Terran M. Duggan
MaYOraf, th,e,C,i,ty,O, fD, UbU, 'que J'
~' . --- .
, ,óP,7/l// /a~/A"Û
eanne F. Schneider
Clerk of the City of Dubuque
..
Sheet 3 of 4
SURVEYOR'S CERTIFICATE
I, John M. Tranmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that
the following real estate was surveyed and platted by me or under my direct personal supervision,
ToWil:
The real estate described in Warranty Deed dated March I, 2004 and med March II, 2004
as Instrurnent No, 3860-04, Dubuque County Recorder's Office described as follows:
TRACT!
Lot 2 of Lot I of Lot I of Lot I of HENRY A. ROBINSON INDUSTRIAL
SUBDIVISION; AND, Block 31, in DUBUQUE HARBOR CO,'S ADDlTlON; in the City
of Dubuque, Iowa, according to the Plat recorded as Instrument No. 2174-87, records of
Dubuque County, Iowa, EXCEPT that part of the above described property conveyed to the
City of Dubuque, Iowa, by Warranty Deeds, recorded as Instrument No. 4311-89, 4312-89
& 5472-88, records of Dubuque County, Iowa,
TRACT II
A parcel ofland located in Lot 2 of Lot I of Lot I and in Lot 2, both of "Henry A.
Robinson's Industrial Subdivision" in the City of Dubuque, Iowa, as described in Patent
Instrument #9940-92, records of Dubuque County, Inwa,
TRACT 1II
Lot IA of Henry A, Robinson's Industrial Subdivisiou in the City of Dubuque, Iowa,
according to the recorded Plat thereof.
AND
The real estate described in Warranty Deed dated September 30, 2003 and filed October 10,
2003 as Instrument No. 27928-03, Dubuque Couuty Recorder's Office described as
follows:
Lot I of Lot I of Lot I of Lot I in "HENRY A. ROBINSON INDUSTRIAL
SUBDIVISION" in the City of Dubuque, Dubuque County, Iowa, according to the
recorded Plat thereof, EXCEPT that part thereof condemned by the State of Iowa,
Instrument No. 7176-88, records of Dubuque County, Iowa.
AND
Lot 2 of Lot I ofEagles Place in the City of Dubuque, Iowa, according to the recorded Plat
thereof.
AND
Lot IA of Eagles Place in the City of Dubuque, Iowa, according to the recorded Plat
thereof,
ALL OF THE ABOVE being more particularly described as follows:
Begmning at the southwest corner of Lot 2 of Lot I of Eagles Place in the City of Dubuque,
Iowa;
Thence North 24 degrees 35 minutes 40 seconds West (assumed bearing) along the
westerly line of said Lot 2 of Lot I a distance 01710.00 feet;
Tlience North 72 degrees 05 minutes 13 seconds East 61.12 feet;
Tlience North 66 degrees 23 minutes 48 seconds East 129.41 feet;
Thence South 23 degrees 40 minutes 0 I seconds East 191,15 feet;
Thence North 66 degrees 19 minutes 59 seconds East 136.58 feet;
Thence South 23 degrees 40 minutes 01 seconds East 511.83 feet;
Thence South 23 degrees 48 minutes 39 seconds East 73.12 feet;
Thence South 65 degrees 56 minutes 00 seconds East 7.19 feet;
Thence South 23 degrees 41 minutes 00 seconds East 109,90 feet;
Thence South 66 degrees 09 minutes 30 seconds West 4.58 feet;
Thence South 23 degrees 40 minutes 45 seconds East 39.42 feet;
. '
Sheet 4 of 4
SURVEYOR'S CERTIFICATE (continued)
Thence southerly 200.43 feet along a tangential curve concave to the west, having a radius
of 268.85 feet, a central angle of 42 degrees 42 minutes 52 seconds, a chord bearing of
South 02 degrees 14 minutes 29 seconds East, and a chord distance ofl95,82 feet;
Thence South 23 degrees 43 minutes 55 seconds East 6.32 feet;
Thence South 20 degrees 26 minutes 27 seconds West 3.00 feet;
Thence South 20 degrees 55 minutes 13 seconds West 1.35 feet;
Thence South 66 degrees 12 minutes 50 seconds West 6.16 feet;
Thence southwesterly 81.56 feet along a nontangential curve concave to the n0l1hwest,
having a radius of 268,85 feet, a central angle of 17 degrees 22 minutes 51 seconds, a chord
bearing of South 30 degrees 36 minutes 54 seconds West, and a chord distance of81.24
feet;
Thence South 39 degrees 30 minutes 39 seconds West 145.86 feet;
Thence North 24 degrees 45 minutes 35 seconds West 440.44 feet;
Thence North 42 degrees 05 minutes 19 seconds West 96.66 feet to the point of beginning.
This survey was performed for the purpose of resubdividing said real estate henceforth to be
known as HY-VEE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, containing 7,526
acres more or less, and subject to easements, reservations, restrictions, and rights-of-way of
record and not of record, the plat of which is shown on Sheets I and 2 hereof and made a part of
this certificate.
OWNER'S CONSENT
\t\e"c,-~ (Yìo,';""lowa
~\)e.r-'¡5 ,20JL'-f
The foregoing plat of HY-VEE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, is made with the
free consent and in accordance with the desires of the undersigned owners and proprietors of said real
estate and hereby dedicate Lot A and Lot B to the public.
~
B ~~
Dennis A. Ausenhus, Senior Vice President, Real Estate/Engineering
By S~~t~
ACKNOWLEDGMENTS
STATE OF IOWA)
) SS
COUNTY OF POLK)
On this ~S-6 day of Oè-Icbu. , 2004, before me a Notary Public within and for said
County and State, has personally appeared Dennis A. Ausenhus and Stephen Meyer, known to me to be
the persons who executed the within instrument and acknowledged to me that they executed the same for
the purpose and in the capacity therein containe4;
\
I"") ;;>06<;
City Oerk's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4120 Office
(563) 589-0890 Fax
(563) 690-6678 TDD
www.cityofdubuque.org
THE CITY OF C~---\
D UBUQCYE
~ck~
December 20, 2004
Mr. Dennis A. Ausenhus
Hy-Vee, Inc,
5820 Westown Parkway
West Des Moines IA 50266
Dear Mr. Ausenhus:
Thank you for returning the Acceptance of Resolution No, 418-04 to me, I have
enclosed the original plat with certificates and a certified copy of the Resolution that you
will need for recording purposes.
If you have any questions, please contact me at 589-4121.
Sincerely,
~ )
/' ,', " //-:=/--; //' / /
/" Ci/f'/'//--' / (~h/-<c5¿~~/'
L/ Jeanne F, Schneider
City Clerk
cc:
Kyle Kritz, Associate Planner
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