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Final Plat_North Grandview Estates ï5~ ~ck~ MEMORANDUM ~, November 30, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat of Los 1 through 40, Inclusive, and Lot A of North Grandview Estates Planning Services Manager Laura Carstens is recommending approval of the final plat of Lots 1 through 40, inclusive, and Lot A of North Grandview Estates. It is further recommended that the City Council require the property owners to extend City utilities, including the installation of a sanitary sewer main, to future development of adjoining property. The City of Dubuque has historically required developers to continue the City utility network by extending water and sewer mains to the edge of their subdivision to provide for future extension. Section 42-14(d)(6) of the Subdivision Regulations specifically states that as a condition of approval, the City Council may require installation of public utilities that are deemed necessary for protection of the public interest. The applicants do not object to providing the utility easements necessary to extend City utilities, but are objecting to the requirement to install the mains. Planning Services Manager Laura Carstens' recommendation to require the property owners to extend City utilities to future development of adjoining property is based on the following reasons: 1. Consistency with the Comprehensive Plan's Infrastructure Element Goal II: To plan for, build or improve infrastructure systems to meet anticipated growth and development needs. 2. Consistency with long-standing City policy, sound planning principles, and best engineering practices. 3. Compliance with the City's Subdivision Regulations. 4. The City will be assisting with the subdivision's development costs to facilitate the creation of affordable owner-occupied housing. I concur with the recommendation and respectfully request Mayor and City Council approval. (Yl~(1l'¡/h/L Michael C. Van Milligen ""' MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager i5u~ ~ck~ MEMORANDUM November 30, 2004 FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager ~ TO: SUBJECT: Final Plat of Lots 1 thru 40, Inclusive, and Lot A of North Grandview Estates INTRODUCTION The final plat of North Grandview Estates provides for subdividing of 10.86 acres into 37 lots for single-family development and two lots for storm water detention. The subject property is to be served by a new public street to be named Helen Ridge Court. DISCUSSION The final plat of North Grandview Estates provides 37 single-family lots. The subdivision will be served by a new public street to be named Helen Ridge Court. The street will be built to City's reduced standard to encourage affordable housing with a 27- foot wide street within a 42-foot right-of-way. As part of the smaller street standard, on- street parking is restricted to one side only. The proposed subdivision will be served by City water and sewer extended from North Grandview Avenue. Lots 11 and 14 will be dedicated to the City for storm water detention. Lot 40 located on the north end of the proposed subdivision is designated for future development. The proposed subdivision will be served by City water and sewer extended from North Grandview Avenue. The submitted final plat provides sufficient easements to extend City water and sewer service to an adjacent parcel to the north that is likely to be developed in the future. The property owners have requested City assistance with the installation of City water and sanitary sewer extensions. This assistance would include water and sewer mains through the subdivision, similar to the Callahan and Fondell developments. North Grandview Estates November 30, 2004 Page 2 of 2 The City of Dubuque has historically required developers to continue the City utility network by extending water and sewer mains to the edge of their subdivision to provide for future extension. Section 42-14(d)(6) of the Subdivision Regulations specifically states that as a condition of approval, the City Council may require installation of public utilities that are deemed necessary for protection of the public interest. The applicants do not object to providing the utility easements necessary to extend City utilities, but are objecting to the requirement to install the mains. The applicants will address this issue at the City Council meeting. The Zoning Advisory Commission has reviewed and approved the preliminary plat of North Grandview Estates Subdivision. The submitted final plat is in substantial compliance with the approved preliminary plat and the Subdivision Regulations of the City of Dubuque. RECOMMENDATION I recommend approval of the attached resolution for the final plat of Lots 1 thru 40, Inclusive, and Lot A of North Grandview Estates. I further recommend that the City Council require the property owners to extend City utilities, including the installation of a sanitary sewer main, to future development of adjoining property for the following reasons: 1. Consistency with the Comprehensive Plan's Infrastructure Element Goal II: To plan for, build or improve infrastructure systems to meet anticipated growth and development needs. 2. Consistency with long-standing City policy, sound planning principles, and best engineering practices. 3. Compliance with the City's Subdivision Regulations. 4. The City will be assisting with the subdivision's development costs to facilitate the creation of affordable owner-occupied housing. LC/mkr Attachments cc: Gus Psihoyos, Acting Public Works Director/City Engineer, w/attachments David Harris, Housing & Community Development Director Kyle Kritz, Associate Planner tJì2DQ,CV D~ ~~~ City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM 0 Variance DCondi~onal Use Permit 0 Appeal 0 Special Exception 0 limited Setback Waiver 0 Rezoning 0 Planned District 0 Preliminary Plat 0 Minor Final Plat 0 Text Amendment 0 Simple Site Pian 0 Minor Site Plan 0 Major Site Plan ~ Major Final Plat 0 Simple Subdivision 0 Annexation OTemporary Use.Pennit OCer@cate of Economic Non-Viability 0 Certificate of Appropriateness 0 Other: Please tvee or erint legiblv in ink Property owner(s): tb1:h Qënlview Estates, ill Phone: 557-1587 Address: 1312 lI1istlewioo Lane City: I)bqE State:~ Zip: 5ínJ1 Fax Number: Mobile/Cellular Number: Appiicant/Agent: Ridlard fWi<el - SaOOra Williéll1S Phone: 557-1587 Address: 1312 lI1istlewioo Lane City: Itix.we State: .-1A- Zip: 5ínJ1 Fax Number: Mobile/Cellular Number: Site location/address: :Œ5 tb1:h Q-andview Ave Existing zoning: R-1 Proposed zoning: ---B:::L Historic District: - Landmark: - Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Parcel 11014152004 Total property (lot) area (square feet or acres): 10.ffi Pc. Describe proposal and reason necessary (attach a letter of explanation, if needed): Prqx¡sed single filllÍly residEJltial develamrt of a 40 lDt ~visiæ. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. Ail additional required written and graphic materials are attached. Property Owner(s): b //ø/ Applicant! Agent: Date: I J 1..1 2-4-- Date: FOR OFFICE USE ONLY -APPLICA ION SUBMITTAL CHECKLIST Fee: 700. t!>t> Received by: ;:( Date: 7 IN jO'/Docket: , OSite/sketch plan 0 Conceptual Develo ent Plan 0 Photo OPlat OImprovement plans 0 Design review project description 0 Floor pian 0 Other: PREPARED BY, BUESING. ASSOCIATES DUBUOUE. IOWA ADDRESS, 1212 LOCUST STREET. PHONE, 5631556-4389 FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT'SB, SECTION 14. TB9N, R2E OF THE STH P.M.. IN THE CITY OF DUBUQUE. OUBUQUE COUNTY. IOWA .. ; ¡ ¡ J.D'" ~; ¡¡ 1:t~~: I !' ~i, ,'J;.'i.,. 0; ~ ,..,,'.,.. '00.00' P.D.B. '..".., oi ,.,.,..", "T.". 0; i .U¡i. ~'., 1,'~.~':¡';i' ..."..,.. '00.00' ~l J.Dr" '."'s.>. ..."..,.. '0000' ~jj :;;: ~ ..i J.Dr" .. - ~.1..:: ~ :" :èc - -' " ~ J.Dr" """"" ",.... ..... S.'., . .. ~::.. ~ i ,....,:~:~: .:,: ~! ,7::' ~s, ~ ---------- ----------1 _~~E~~ 32nd ST. (64' R.OW.) """"', ....~. J.Dr.. '.m <C "" MVO£ """"""'" .~ ¡S ~ "."'.., ",.... Lor" ".",S-'. ,-" "or ¡ -,< <1" J.Dr" '.""'" 0 . ,..". ,.....", or.,,' ,2 J.D", U.mSJ. ...",..,.. ",-". "",. \ ¡:::.~'.,. .. \ . ,..".", ",.". ,,~~,"i'¡i~, i ~ .. ~ 0; ~ _----""f;~= ;¡ -----.-__--'"",00--__- om. ~ .. ,...,'", 'N.". . LOr" ".on S.,. DE7'ENf7ON ~ Lor " ..... SJ. ,..",..,.. 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A' G I' 9 ~ l¡:.:::¡::11 Proposed Area to be Platted Applicant: Richard Henkel/Sandra Williams/North Grandview Estates, LLC Location: 3065 N. Grandview Avenue northgrandvleWeSlatesplatl11116104 SUBDIVISION STAFF REPORT Project Name: Final plat North Grandview Estates Property Owner: North Grandview Estates, LLC Applicant: Richard Henkel/Sandra Williams Number of Lots: 39 Acreage in RO.W: 1.11 Total Area: 10.86 In City: Yes In 2-Mile Area: N/A Flood Plain: No Density Allowed: 1/5,000 Commonly owned lots: None Sanitary Sewer: Yes Water: Yes Storm Sewer: Yes Existing Street Access: Yes Proposed Land Use: Residential Existing Land Use: Vacant Adjacent Land Use: North - Vacant/Residential East - Residential South - Residential West - Residential Proposed Zoning: R-1 Existing Zoning: R-1 Adjacent Zoning: North - AG East - R-4 South - R-1 West- R-1 Physical Characteristics: The subject property is located along the west side of North Grandview near its intersection with W. 32nd Street. The subject property slopes generally to the northeast. Proposed Phasing: None. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: None. Proposed Streets and Grades: The proposed public street will have a grade that varies between 2-12%. Recommended Motion: Motion to approve the submitted final plat of North Grandview Estates as it is in compliance with City of Dubuque Subdivision Regulations. Conformance with Comprehensive Plan: This subdivision implements the Comprehensive Plan Land Use Element Goals 1.2, 7.1, 7.2 and Housing Goals: 2.1, 3.1 and 3.3. Subdivision Staff Report - North Grandview Estates Page 2 Impact of Request on: Utilities: Existing utilities are adequate to serve the site, provided that water and sewer are extended to serve all lots. Traffic Patterns: North Grandview Avenue is classified as a minor arterial and carries approximately 3,300 average vehicle trips per day. West 32nd Street is classified as a minor arterial and carries approximately 10,000 average vehicle trips per day. Public Services: Existing public services are adequate to serve the proposed subdivision. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development of the subdivision, and adequate storm water control is provided subject to review and approval by City Engineering. Adjacent Properties: Staff anticipates that adjacent property will be impacted to some degree by increased in volume of traffic utilizing the surrounding street system and additional storm water runoff. Recommended Conditions on Plat: None. Staff Analysis: The submitted final plat of North Grandview Estates subdivides an existing 11-acre parcel into 39 building lots. The subject property is currently zoned R-1 Single-Family Residential. The subject subdivision will be served by a new public street, Helen Ridge Court, which will access North Grandview and terminate in a cul-de-sac. The proposed street will be built to the City's reduced residential street standard of 27-feet of paving and 42-foot of right-of-way. Parking will be restricted to one side only. The subject subdivision can be served by City water and sewer through extensions of both utilities into the subdivision. Storm water detention will be provided as per City Engineering requirements. In addition, the surrounding drainage area will also be impacted by two capital improvement projects. The first project is already underway with the construction of the Carter Road detention facility. In addition, the existing West 3200 Street detention facility will be enlarged to accommodate additional storm water storage. The submitted final plat provides for the construction of a new public street built to the City's smaller residential street design to enhance the affordability of new subdivisions. Subdivision Staff Report - North Grandview Estates Page 3 The applicants do intend to market the single-family lots as affordable, and will be working with a manufactured home company to provide affordable single-family homes. There are 10 lots proposed to have frontage on North Grandview Avenue and will take their access from that street. The subject parcel is of such a size and shape that it is not possible to provide access from within the subdivision itself. While North Grandview is functionally classified as a minor arterial, historically, lots have been allowed to be platted along the street with access directly to the roadway. This is true of the entire length of Grandview Avenue from Mt. Carmel all the way to West 32nd Street. In addition, while the roadway technically runs through the entire length of the City, it does not function as a north/south arterial, especially once it crosses Clarke Drive. City Engineering has reviewed the submitted plat and does not object to the additional curb cuts onto North Grandview. The subject subdivision is in all respects substantially in compliance with the City of Dubuque Subdivision Regulations, and Planning staff would recommend that the final plat of North Grandview Estates be approved as submitted. Prepared by: / (', Reviewed: ~~~Date: 11-30-D't Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 RESOLUTION NO. 471-04 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 thru 40, Inclusive, and Lot A of North Grandview Estates in the City of Dubuque, Iowa; and; Whereas, upon said final plat appears a street to be known as Helen Ridge Court (Lot A), together with certain public utility storm and sanitary sewer easements all in North Grandview Estates, which the owner, by said final plat, has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Helen Ridge Court (Lot A), and the easements for public utilities, sanitary sewer and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Lots 1 thru 40, Inclusive, and Lot A of North Grandview Estates, is hereby approved and the Mayor and City Clerk are hereby 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: Resolution No. 471-04 Page 2 (a) To reduce Helen Ridge Court (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (b) To install sanitary sewer and service laterals, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (c) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (d) To construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; (e) To maintain the above public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Grandview Estates, LLC, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Parking on Helen Ridge court shall be restricted to the north and west sides of the street. Parking on Helen Ridge Court is being restricted to one side of the street as the developer is proposing to construct the street to the City's reduced street standard of 27-foot of paving and 42-foot of right-of-way. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 5. The developer will maintain the detention facilities constructed as part of North Grandview Estates Subdivision until it has been fully completed and 80% Resolution No. 471-04 Page 3 of the sum of the platted lots in the entire North Grandview Estates is fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lots 11 and 14) shall be assessed against the lot owners of North Grandview Estates, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the City may install a portion of the sanitary sewer mains and sewer service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and Grandview Estates, LLC. Section 7. That the City may install a portion of the water mains and service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and Grandview Estates, LLC. Section 8. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 9. That in the event North Grandview Estates, LLC fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 6th day of December 2004. /I: -"- .~ Terrance M. Dugga Attest: eanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 471-04 We, the undersigned, Richard Henkel and Sandra Williams, representing North Grandview Estates, L.L.C., having read the terms and conditions of Resolution No. 471- 04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this c:;o /-k day of 0:'~//~b/;/ 2004. BY.~~ / By: ~0~;{/~~ v Sandra Williams , ". CERTIFICATE OF CITY CLERK STATE OF IOWA ) ) COUNTY OF DUBUQUE ) I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 471-04 is a correct copy of the original Resolution No. 471-04 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 6th day of December, 2004. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this ih day of December, 2004. /, / /,' /. / / {/Jeanne F. 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J.2. , 2004 I hereby certify that the plat shown on sheets 1, & 2 of 6 hereof, is a true and correct FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, according to the recorded plats thereof, subject to easements of record and not of record. The perimeter boundary of LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES was surveyed by me and is more particularly described as follows: LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES Commencing at the Northeast corner of Lot 1-1-1 of Mineral Lot 359 in Section 14, T89N, R2E, of the 5th P.M., Dubuque County, Iowa, said point being the Point Of Beginning; Thence South 880 18' 34" East (this is an assumed bearing for the purposes of this survey only), along the South Right of Way (RO.W.) line of 32nd Street, a distance of 464.40 feet to the intersection of said South R.O.W. line and the West RO.W. line of North Grandview Avenue; Thence South 60 35' 08" West along said R.O.W. line, a distance of 350.00 feet; Thence South 4016' 06" West along said R.O.W. line, a distance of 397.42 feet; Thence Southwesterly along said RO.W. line a distance of 253.51 feet along the Arc of a 913.00 foot radius curve to the right, of which the chord distance is 252.69 feet and chord bearing of South 120 13' 22" West; Thence South 20010' 38" West along said RO.W. line, a distance of 163.94 feet to the Northeast corner of Lot 1 of North Grandview Place; Thence North 690 47' 41" West, along the North line of said Lot 1, a distance of 85.00 feet; Thence South 200 12' 19" West, along the West line of said Lot 1, a distance of 162.40 feet to the North line of Lot 14 of Block 6 of Marycrest Subdivision No.2; Thence South 890 1 T 52" West, along the North lines of Lots 14, 12 and 11 of said Block 6, a distance of 137.65 feet to the Southeast corner of Lot 2-1-1 of Mineral Lot 359; Thence North 00 29' 18" West, along the East lines of Lot 2-1-1 of Mineral Lot 359 and Lot 1-1-1 of Mineral Lot 359, a distance of 1283.33 feet to the Point Of Beginning. The total surveyed area of North Grandview Estates is 10.86 acres. The Surveyed area is subject to all easements of record and not of record. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. All monuments were placed or shall be placed within one year from the date that this plat is recorded. ~ v/J1L~ T RRY~KOELKER LICENSED LAND SURVEYOR REGISTRATION # 15487 _.~".II. ),2. 2. CftlJL DATE REG. RENEWAL 12/31/05 Sheet 4 of 6 Owners Consent Dubuque, Iowa November 26. ,2004 The foregoing FINAL PLAT OF LOTS 1 THRU 40,INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA" is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate, Lot A (Helen Ridge Court) and all easements shown to the public. STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) North Grandview Est~tes, L.L.C. q;~~ . Richard Henke i resident ./ J4'n~J:;;/,J/L '.-..4 Sandra Williams, Vice President On this 26tl1 day November, 2004, before me, Joseph J. Bitter, a Notary Public in and for the State of Iowa, personally appeared Richard Henkel and Sandra Williams, to me personally known who, being duly sworn, did state that Richard Henkel is president and Sandra Williams is vice president, of North Grandview Estates, L.L.c., a limited liability company, and that said instrument was signed on behalf of said limited liability company by the authority of its members, and that said Richard Henkel and Sandra Williams acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, they having full authority to act on its behalf Witness my hand and Notarial Seal on the d ~'Ai..' JOSEPH J. BITTER ~~.~ Comm!~liion ~umber ooati8 IO"~ WyCommlulon Explru 't -7J/ -01 ~ Attorney's Certificate Dubuque, Iowa Novemhpr ?fi. ,2004 TO WHOM IT MAY CONCERN: This will certify that I have examined the abstract of title covering LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, according to plats thereof covering the period from government entry to November 19. 2004 certified on that date by Abe 1 nAbs tract & Ti tIe Co. and find that said abstract shows good and merchantable title to said real estate in North Grandvi ew Esta tes, L. L. C. * free and clear of all liens and encumbrances and .shows taxes paid includi~~ for the J{)~ ? J.no't * subject to a mortgage 1n favor of Dutrac ,Commun1ty Cr Union of Dubuque, Iowa L! .... j ..Nor J9seph J. Bitter !1th & Locus t Dubuque, Iowa 52001 563-588-4608 Sheet 5 of 6 County Treasurer's Certificate Dubuque, Iowa J;. ;) 'f , 2004 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, have been paid and said real estate is free from taxes as of this date. City of DubuQue Plannin!! Services Dubuque, Iowa Iloll. Zz.. ,2004 The foregoing FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, and the dedication of Lot A (Helen Ridge Court) and all easements shown to the public. is hereby approved by City Planner of the City of Dubuque, Iowa and approval of said plat by the City Council of the City of Dubuque is hereby recommended. Planning Servic~epa'/D\ent BY:~~ City Planner of the City of Dubuque, IA City of DubuQue. Iowa Dubuque, Iowa "~/ /,;7 / ,/ , 2004 / The undersigned, Terrance M. Duggan, Mayor and Jeanne Schneider, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, and the dedication of Lot A (Helen Ridge Court) and all easements to the public, as appears heretofore has been filed in the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat. May'. r of the City of Dub e, IA /:. ,.-- / ,--j /" /. ,. . / .. ," ".", ' r ." - ,.... /,.',/ / /r/;tY-/{ / ,p?4t.1//4'<.h- (--Clerk of the City of Dubuque, IA County Auditor's Certificate Dubuque, Iowa ,2004 I, the undersigned, Denise M. Dolan, Dubuque County Auditor have reviewed and examined the foregoing FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. The foregoing Plat was entered of record in the Office of the County Auditor of Dubuque County, Iowa, on the date first written above. County Auditor of Dubuque County, Iowa .' . Sheet 6 of 6 BANK CONSENT Dutrac Community Credit Union of Dubuque, Iowa hereby states that it is the mortgagee of a mortgage instrument No, 32300-03 of the records of Dubuque County, Iowa on real estate described as follows: LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Dutrac Community Credit Union of Dubuque, Iowa hereby consents to the FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Datedthis )...C\+h day of NDvember ,2004 Dutrac Community Credit Union of DUBUQUE, IOWA lLJIMaA 0, '1~ Thomas 0, Fillman, Business Relationship Manager BY: State of Iowa ) ) County of Dubuque ) ss: On this '2."t-th day of .N ~VlM her , AD 2004, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Thomas Fillman, to me personally known, who being by me duly sworn, did state that he is the Business Relationship Manager of Dutrac Community Credit Union of Dubuque, Iowa of the corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said Corporation by authority of its Board of Directors, and that Thomas Fillman as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said Corporation by it voluntarily executed, Witness my ha~~,..a.,::n,'7""E ,,", H~HL on the ~ate (;lj;rn lA~"';. C~,~,:,"'~'l":'(' t-lUttlber 1.b2~ ~ ' ~ . ~. Co rnrol n': Cl 1'1 E.J'p\rel '0", WI ' Notary Public in and for the State of Iowa e,'1 CIl" t" Assessor's Certificate Dubuque, Iowa I ~b '1 ,2004 The foregoing FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, was entered of record in the Office of the County Assessor of the County of Dubuque, Iowa, on the date first written above, ZLo tl. tv."fi- G6tmty Assessor, courfty of Dubuque, Iowa , C''7 Recorder's Certificate Dubuque, Iowa , 2004 The foregoing FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, A SUBDIVISION OF LOT 2 OF NORTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, has been reviewed by the Dubuque County Recorder. Dubuque County Recorder BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 Joseph J. Bitter* Thomas A. Bitter Office: 563-588-4608 Fax: 563-588'0103 Residence Joe: 563.582-1768 Tom: 563-582-7545 . Also licensed in Illinois Client parking in rear December 2, 2004 The Honorable Terrance M. Duggan and Members of the Dubuque City Council Roy D. Buol John H. Markham Daniel E. Nicholson Patricia A. Cline Joyce E. Connors Ann E. Michalski This letter is being written on behalf of North Grandview Estates, L.L.C. The principals of this limited liability company are Richard A. Henkel and Sandra L. Williams. They are both lifetime residents of Dubuque County. They formed a partnership to develop some land for affordable housing. Mr. Henkel and Ms. Williams purchased bare land from the Dix Estate. The property is located between North Grandview Avenue and 32Jld Street and is on the southwest corner of that property. The land consists of approximately 12 acres. The previous owner of the property, Dolores M. Dix, passed away and our 2 clients bought this property from the Estate. We are having a disagreement with the Public Works Director, and we would like to explain the dispute to you in this letter. The following narrative is intended as background of the area in dispute. The matter is now set to come before the Council on December 6, 2004 at your monthly meeting. Cooperation. Mr. Henkel and Ms. Williams contacted the proper City personnel immediately after purchasing this property, so that they would know exactly how to develop the property in a way that met all of the City's requirements and guidelines. They first met with David Harris, the Director of the Housing & Community Development Department, who also chairs the affordable housing program for the City of Dubuque. Mr. Harris actually lives adjacent to the property now being developed by North Grandview Estates, L.L.c. Mr. Harris suggested that Dubuque was in need of more affordable housing. There are certain guidelines that must be followed in order to qualify for the' affordable housing plan. Mr. Henkel and Ms. Williams cooperated fully with everything requested of them. The affordable housing plan has certain lot size requirements, it has restrictions on the price that can be charged, and my clients agreed to comply with every recommendation and restriction imposed by the City and their staff They met with staff on numerous occasions, starting in December of 2003. It has now been almost one year, and their Plat has not been approved by the City. '. " ~ 11111\111111111111111111111111111111111111111111111111111111111\1111111111111111 Doc 10: 005147390006 Type: GEN Recorded: 04/25/2005 at 04:24:11 PM Fee Amt: $32,00 PaRe 1 of 6 Dubuque County Iowa Kathy Flynn Thurlow Recorder F1le2005-00006151 Prepared by: Barry A. Lindahl, Corporation Counsel, 300 Main Street, Dubuque, IA 52001 (563) 583-4113 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND North Grandview Estates, llC This Agreement is made and entered into by and between the City of Dubuque, Iowa (City) and North Grandview Estates, llC (Developer), thisdl/ d day of April, 2005. WHEREAS, Developer is the owner of the following described real property in the City of Dubuque, Iowa: lots 1 thru 40 and lot A of North Grandview Estates in the City of Dubuque, Iowa (the Subdivision); and WHEREAS, Developer is interested in the sale of lots and/or the construction and sale of homes/units in the Subdivision for owner-occupied affordable housing; and WHEREAS, City is willing to grant incentives to Developer for the sale of lots and/or the construction and sale of homes/units for owner-occupied affordable housing upon the tenns and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOllOWS: 1. Eighty percent (80%) of the lots, excluding detention lots and existing homesteads in the Subdivision described above shall be affordable housing lots as defined herein and shall comply with the provisions as defined herein. 2. For purposes of this Agreement, an affordable housing lot shall mean a lot that meets the following standards: a. A lot for a single family dwelling: 1. The lot upon which a dwelling is constructed may not exceed 6,500 square feet in area except for lots 3, 4, 5, 6, 7, 8, 9, 10 and 16, due to terrain hardship. 'i ~ J \ ~ \'(\- '\-.) "'i (;,) )<::.' '--' '(0 2. The street frontage of the lot may not be less than 50 feet and not more than 75 feet. 3. The constructed dwelling may not exceed 1200 square feet of finished space. For the purpose of this agreement finished space shall be defined as the square footage of those parts of the structure available for human habitation, excluding unimproved basements, attics, and garages. 4. The 2005 lot price may not exceed $27,877.00. For the sale of affordable housing lots in 2006 and subsequent years, the maximum sales price for each of the lots during each subsequent year shall be the amount obtained by multiplying $27877.00 by a fraction, the numerator of which is the Consumer Price Index - Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (1967 = 100) published monthly by the Bureau of Labor Statistics of the United States Department of Labor ("CPI-U"). for December of the year immediately preceding the year at issue, and the denominator of which is the CPI-U for December of 2004. 3. City shall provide to Developer the following incentives: a. The minimum width of public street pavement width shall be 27 feet and the minimum right-of-way width shall be 42 feet. Parking shall be restricted to one side of the street only. b. Water main and sanitary sewer connection fees and/or assessments will be waived, but the water main tap fee shall be paid by the Developer. c. The lot frontage minimum for a single family dwelling shall be 50 feet and the maximum lot width for a single family dwelling shall be 75 feet. d. Subject to the availability of funds and plan approval by City, Developer will receive a preference when applying for City Enterprise Funds (0 interest, 5-year loans) for the installation of water main and water services and sanitary sewer main and laterals on Helen Ridge Court and North Grandview Avenue. e. City will assume the cost of drain tile and it's installation under the curb if City Engineering determines it necessary. 4. In order for City to recoup its costs for sewer and water construction, a per lot payment will be established for each lot be payable by the Developer, its successors and assigns to the City of Dubuque upon sale of each lot in the subdivision. Any balance remaining unpaid after 5 years shall be paid by the Developer as a lump-sum balloon payment. Prior to the disbursement of any funds by City, Developer shall execute and deliver to City a promissory note in an amount equal to the estimated funds to be paid by City for the sanitary sewer and water construction. Such promissory note shall be secured by a mortgage on the Subdivision which shall provide for the release of lots upon payment of the above-mentioned per lot payment. Developer may elect to provide altemate security for such note in a form acceptable to City 5. Developer agrees that no more than twenty percent (20%) of the lots in the Subdivision shall be sold for more than the maximum sales price for an affordable -2- '. < ,. housing lot as defined herein. This paragraph shall not apply to the sale of any lot upon which a dwelling unit has been built. 6. Developer shall provide a copy of the purchase agreement and the declaration of value for the sale by developer of each affordable housing lot in the Subdivision to City's Building Services Department prior to the time of closing on the sale. Developer shall include in the agreement for the purchase of each affordable housing lot in the Subdivision, and in any deed conveying such affordable housing lot, a provision that if the purchaser or any subsequent purchaser of the lot does not construct a dwelling unit on the lot, then the purchaser or any subsequent purchaser shall be bound by the maximum sales price as determined by this Agreement and that in the event of a sale in excess of the maximum sales price, the seller shall pay to City, upon City's demand, the difference between the actual sales price and the maximum sales price as defined herein. 7. Developer agrees that eighty percent (80%) of the dwelling units in the Subdivision shall not exceed 1200 square feet in interior finished space at the time of transfer of title to the purchaser. Except for the other twenty percent {20%} of the dwelling units in the Subdivision, for each dwelling unit constructed on an affordable housing lot with an interior finished space in excess of 1200 square feet at the time the unit is transferred to the purchaser, the party constructing said unit shall pay to City a surcharge of $25.00 per square foot for each square foot in excess of said limit. Developer shall include in any agreement for the purchase of a lot or unit in the Subdivision, and in any deed conveying an affordable housing lot or unit, a provision that requires the party who constructs a dwelling unit with interior finished space in excess of 1200 square feet, to pay to City a surcharge of $25.00 per square foot for each square foot in excess of said limit. 8. After a completed dwelling unit on an affordable housing lot has been transferred to a purchaser, the purchaser shall not be bound by the 1200 square feet restriction provided for in paragraphs 2 and 6 above and the purchaser may expand the exterior structure or interior finished square feet of the unit without limit, except as may be limited only by the size of the lot and other applicable laws. No penalty shall be imposed, in accordance with paragraph 6, for any expansion of the exterior structure or interior finished space occurring after transfer of title to the purchaser. 9. In the event Developer, or any of its purchasers, successors, heirs or assigns, violates any requirement or condition of this Agreement, the person violating the Agreement shall repay to City any and all assessments waived under this Agreement, any connection fees waived under this Agreement and a penalty equal to fifteen percent {15%} of Developer's cost of street construction in the Subdivision. In addition, the promissory note referred to in paragraph 3 above shall accrue interest at the rate of five and one-half percent (5%%) per annum retroactive to the date the funds were borrowed. -3- .. 10. Developer agrees to file, prior to the sale of any lot in the Subdivision, restrictive covenants applicable to the subdivision which include a restriction prohibiting the rental or lease of any dwelling unit constructed on an affordable housing lot, except as specifically allowed herein. 11.lt is contemplated and assumed by this Agreement that an affordable housing lot or unit may be transferred by land contract and that an owner/occupant of an affordable housing unit may be a contract buyer pursuant to such a land contract. 12.A rental agreement with an option to purchase shall be permissible and an owner/occupant of an affordable housing unit may be a tenanUbuyer pursuant to a rental agreement with an option to purchase, provided that the term of rental shall not exceed a term of two (2) years. The lease purchase agreement must be approved by the City of Dubuque Housing Department. 13. The provisions of this Agreement are binding upon the parties, purchaser, successors, heirs and assigns of each lot and unit only until such time as the property is transferred to the first owner/occupant. Thereafter, so as to allow the homes to grow with the needs and financial abilities of the owner/occupant, the size restrictions identified herein shall no longer apply. 14. Developer hereby designates as affordable housing lots the lots specified on the attached final plat for the Subdivision. 15. Under current City policy, if North Grandview Avenue is reconstructed, abutting owners must pay an assessment for a portion of the project cost. If only asphalt resurfacing is performed it is currently not an assessable project. This policy could be changed by a vote of the City Council. 16. Developer agrees that the dedication of the storm water detention basins and related improvements on Lots 11 and 14 will not be accepted by the City until 80% of the lots in the Subdivision have been fully developed with a habitable residential structure, including grass and ground cover and the remaining 20% of the lots have established grass and ground cover. Until such acceptance by City, any property taxes due for such Lots and improvements thereon shall be the responsibility of Developer. Any maintenance expenses incurred by City for the detention basins whether before or after acceptance of the dedication shall be assessed equally against the developable lots in the Subdivision and collected in the same manner as property taxes. Developer shall grant an easement to City to perform such maintenance as City deems necessary. 17. On or before homes have been constructed on 80% of the lots in the Subdivision, sidewalks shall be installed in the Subdivision along Grandview Avenue and on both sides of Helen Ridge Court. The cost of sidewalk installation shall be born by the Developer or the purchaser of a lot as may be negotiated by the Developer. Sidewalks along West 32"d St. shall be installed by Developer or the lot owner at -4- ., such time as West 32"d St. is improved with curb and gutter. Sidewalks shall be installed on the street frontages of Lots 11 and 14 and the existing homes on Lots 12 and 13. 18. Developer agrees to install a sanitary sewer manhole over the sanitary sewer at a point adjacent to the southeast comer of Lot 28. Developer agrees that the City at its cost may extend the sanitary sewer and storm sewer from the manhole at the southeast corner of Lot 28 to the west property line of the Subdivision and that Developer will grant an easement to City at no cost for such extension. 19. The cost of improvements to any existing facilities in the Subdivision shall be born by the Developer. 20. This Agreement shall terminate twenty (20) years from the date if its execution. 21. Upon execution of this Agreement, City shall promptly record this Agreement with the Dubuque County Recorder. CITY OF DUBUQUE, IOWA Attest: anne F. Schneider, CMC City Clerk By' Terrance M. Dug Mayor STATE OF IOWA ) ) ss: DUBUQUE COUNTY ) On this#l'A,; day of ~~A';;! , 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared TERRANCE M. DUGGAN and JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Clw Council,)IS ~"ffiined irI Resoltltion -No. - passed by the City Council on the ~ day of~ ,;?tH.3~, and that TERRANCE M. DUGGAN and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. -5- Ai'" L" SUSAN M. WINTER f . '"1' COMMISSION NO.183274 . . MY COA/A//SSION EXPIRES IO~ 2/14/08 ". --. North Grandview Estates, LLC Attest: ~~~ ~- By:'~ Richard A. Henkel STATE OF IOWA ) ) ) ss. DUBUQUE COUNTY On this 21 st day of April ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard A. Henkel to me personally known, who being by me duly sworn, did say that that person isa representative of said limited liability company; that no seal has been procured by the said limited liability company; that said instrument was signed on behalf of said limited liability company by authority of its managers; and that said Richard A. Henkel acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. ;','''';-1, ,,,,'i. \' ,,\1111'~~. ,x\ \\~Y~.t.,~ ~ v. ..1O!1I:~. * ~ ....... ~..... ..t....a .....-.q.. -~ ~ ~ ..". "-A t. ...... ,; i= iF ~\I'~\i:~= _.. ".,', (.~~jJ.!. w_ . .., "".01- ~ ~ .(;.;1 --, ocr. ~ -" '-:j.. ,.!J."Io...v..... ~ 7 ... ~.'Y (.0'... ~ ~ 11 :::- .""..'f.' ~,~ "v""", N(!')''('' "'>;tI."'OO,, "tNJ'I~':~'~~f' !" -6- -2- Mr. Henkel and Ms. Williams contacted Buesing & Associates, Inc. to do their engineering work and to prepare their Plat. Buesing is a well-known and well-respected engineering firm in Dubuque and is undoubtedly very well-known by you members of the City Council. When Mr. Henkel and Ms. Williams met with City staff and recommendations were made, Mr. Henkel and Ms. Williams immediately met with Buesing to advise of the recommendations so that they could all be complied with. I doubt if you will find any developers who have tried harder to satisfy the City staff than Mr. Henkel and Ms. Williams. After several months, Mr. Henkel and Ms. Williams asked me to start attending the meetings with the City staff, because the Plat did not seem to be moving forward. I attended the meetings, and I believe that every requirement the City has made has been complied with, and the Plat has been prepared in accordance with all of the rules and regulations of the City, including the City's Zoning and Platting Ordinance. However, there is one remaining unresolved issue that I would like to address in this letter. I attach a copy of the Plat to this letter for your easy reference purposes. As you can see from the enclosed Plat, North Grandview Avenue runs north and south. It is so designated. 321ld Street runs east and west and is also designated on the Plat. Henkel and Williams propose to develop the bare land along North Grandview Avenue into lots that would qualify for affordable housing. Those lots are shown on the Plat as Lots 1 through 10. Lot 11 is set aside for a detention basin, and pursuant to City recommendations, it will be large enough to accommodate a 100 year flood. This is being constructed entirely at the expense of the developers. Lot 13 contains a single family dwelling with a 2 car garage. This home was built in about 1994. Lot 12 contains the old farm house which was the Dix homestead. Lot 14 is also a detention basin as required by the City of Dubuque. Again, the cost of construction will be borne entirely by the developers. When the 2 detention basins are completed, they will be deeded to the City of Dubuque. The developers have not raised any issue with the City's suggestion and requirement that they construct 2 detention basins, even though the 2 detention basins are on land which the City will own and which the developers had to buy and impose to City standards. They estimate that the cost of construction of the 2 detention basins will be approximately $30,000.00 each. The Plat that we deliver to you shows the planned street which will be named Helen Ridge Court. It will be constructed entirely by the developers at their own cost and will then be dedicated to the City of Dubuque and the City will take over ownership. Again, the developers understand that this is a requirement of the City and they take no issue with this requirement. They are willing to comply. The lots along Helen Ridge Court will be affordable housing. Under the rules established by the City of Dubuque, in order to qualify for the affordable housing program and some of the benefits allowed to affordable housing developers, 80% of the lots in the subdivision must be reserved for affordable housing. Mr. Harris may be able to explain the affordable housing plan for you in more detail. There is additional undeveloped land consisting of approximately 15 acres located to the west of this property. It is owned by Steve Smith. The Smith property is west of North Grandview -3- Estates and is also higher in elevation. Approximately two-thirds of the Smith property drains toward 32nd Street on the north and approximately one-third of the Smith property drains naturally to the east over the lots which are being developed by Henkel and Williams. Mr. Smith had initially contemplated a single family residence for himself to be located on this undeveloped property. Mr. Smith contacted the City of Dubuque and was advised that he would have to construct a street from 32nd Street to his property so that the City fire engines would be able to get to the residence should there be a need. Apparently Mr. Smith decided that he would not pursue the single family residence at this time. He did discuss with Mr. Harris the possibility of using the David Harris lane to comply with the City's fire code requirements of having appropriate access. Mr. Harris's lane would not qualify. David Harris owns approximately 5 acres to the west of Helen Ridge Court and Mr. Smith owns the remaining 15 acres. Our understanding is that Mr. Smith has no plans at this time to develop his bare ground, and we are not aware of any plans that he has to build a single family residence for himself and move there. We are told by the City staff that Mr. Smith has not made any inquiry of the staff about the possibility of developing his acreage to the west. The remaining issue. In our various meetings with the City staff, which have been numerous, the City's Acting Public Works Director, Gus Psihoyos, has indicated to us that he would not recommend approval of our Plat by the City Council unless Henkel and Williams would construct at their own expense, the following items: a) A 4 foot manhole located at the entrance to the cul-de-sac of Helen Ridge Court. (See drawing attached.) b) An 8 inch sanitary sewer line from Helen Ridge Court to the Smith property on the west. This 8 inch line would be located on Lot 27 along the common property line with Lot 28. The 8 inch sanitary sewer line would be located within an easement 20 feet in width. The easement would probably be located approximately on Lot 27. The developers have gone over budget by many thousands of dollars in an effort to accommodate the City. Our proposal. First of all, the construction of the manhole will have absolutely no benefit to Henkel and Williams. It will merely add to their cost. The City's insistence on this manhole is so as to accommodate possible speculative future development of the Smith property to the west. Likewise, the 8 inch sanitary sewer line which would run from the manhole to the westerly edge of the developed property would have no benefit whatsoever to the developers. It too would be there entirely for the benefit of future development of the Smith property to the west. We have been told by the Acting Public Works Director that if the Smith property is developed at some future date, it would be allowed to tie into this 8 inch line. While the entire cost of the development would be borne by Henkel and Williams, the City is not willing to allow them to recoup their cost at such future date, if ever, when the Smith property is developed. It is our expectation that the City would charge Smith or a future developer for these costs, but none of -4- that money, if any, would be used to reimburse Henkel and Williams for the cost that the City now wants them to incur. We believe that this position is unreasonable, and is a violation of the City Ordinance. We attach a copy of the pertinent provision of the City Ordinance to this letter, and we underline the particular portion thereof that has been cited to us as the justification for these charges. We do not believe that requiring these developers to spend money for the benefit of possible future development of the property to the west is a reasonable requirement. We ask the City Council to approve our Plat which has now finally been placed on the agenda for December 6, 2004, without requiring the developers to expend these additional funds. Our estimate is that the cost of the manhole, the 20 foot easement and the 8 inch sanitary sewer line to the developers will be approximately $25,000.00. Because the developers are way over budget, this is prohibitive, and we believe unreasonable. In the alternative, we have proposed to the City staff that we will grant the easement, at no cost. Normally, municipalities seeking easements are required to purchase them. We will grant the easement. The easement would be granted along the northerly lot line of Lot 27, and entirely within Lot 27. At some future date, if the Smith property is to be developed, the easement would be available, and the sanitary sewer line could be developed within that easement. Likewise, the City, then owning the street, would not need our permission to construct the manhole, and the City could require the developer of the Smith property to pay these expenses. Additional concessions. For your information, in the spirit of cooperation which these developers have shown throughout, they have granted an easement for a 4 inch sanitary sewer line between Lots 34 and 35 to benefit the Harris property. Mr. Harris will have to pay for the construction, but the developers are giving the easement in the spirit of cooperation and without seeking remuneration. Likewise, they are willing to grant an easement along the common boundary line between Lots 25 and 26 so that water runoff can be piped under the ground to Lot 11, the 100 year flood detention basin. This is also without charge. We would like an opportunity to visit with you prior to the meeting if you believe that is appropriate, to make sure that we answer any questions you may have and clarify any remaining issues. We intend to appear before you on December 6th, hopefully to explain our position and the rationale behind it. Thank you for your consideration. JJB/km( 6) Ene. Following is a quote from Chapter 42 of the Municipal Code of the City of Dubuque. It is titled Subdivision Regulations. Section 42-14( d)( 6) states: The City Council shall review final Plats to determine conformance with this Code. If the Plat conforms to the statutes of the Code ofIowa and this Code, and if the Plat is in conformity with the comprehensive plan for the City, then the City Council shall approve the Plat and shall cause its approval to be entered on the Plat. The City Council may require as a condition of approval of the Plat that the owner of the land bring all streets to a grade acceptable to the City Council, and comply with such other reasonable requirements in regard to installation of public utilities or other improvements as the City Council may deem requisite for the protection of the public interest. p ~r" ...,-# fl_P8'1Y \ seO/ \ ~ ~ fC ff't). \ r/ ~ \t4-' t ?!~tp \ ~" 1. 6\~ ~.~rJ..t.( \ b t;6"~ 61tt \ .8 \ \ \ \ \\ -".-J- ----- ~ , , /,---- -... \ \ \ \ \ \ \ .J- - . t . .....J,\I.f~ \~ Pr "'0<'- "",,",, · -0' .~ . " .~...... ....-'!!!!!!.....<IIII'!!!!!!....~ ..~.. . . -' -----i- -- r . 'Jtfis )1.A(J Sr)O()JS 77,f-E, ~~tf"(),&t:- ANLJ__?1(6/1;1//~ s E (jA G fZ- L-; Ale w Ifl (;.;t 17# C /1 Y tv ff,(/13 ?(.s /D Co~ 61JZ.f/ ~/- LOT 2-1-1 ML 359 (565.7~ 565.7! 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N i PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESl A SUBDIVISION OF LOT 2 OF NOHTH GRANDVIEW PLACE AND LOT 1-2-1 OF MINERAL LOT 358, SECTION 14, T89N, R2E OF THE fiTH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA P.O.B. 589' 12'37"E 59.93' S 88"18'3.1" E 464.40' 32nd ST. (64' R.O,W.) 48.1"7 LOT 39 7,168 S.T. , , I , , , I , , , I , , . , "', "" ~! ~I 1 , , LOT 37 14,020 S.F, 0) '" ., ~ , I , . \ ~I ~l "', , , I , 10' UTILITY l EASEMENT , , , \ :; LOT 16 c:i 6,761 S,F. '" w ~ ;" to< b VI LOT 36 8,950 S.T. ~ ~ d n!. N ... ~ ::;) On 8 II) we" ..; 8~ ~ i:! ~~ is < 9 100.00' ~ cd '" S89'3Q'42"W 100.00' .!. I , I \ , : LOT 35 a ~ 6,600 S.F. ~! 12' EASEMENT roR I PRIVATE SANITARY : SE:....E:R SERVICE LATERAL --~- -- -- -sllll':ID'42'W- ---- __l-________tQ.fHl!t.______ , , , , 8\ :j! , , 1 1 1 1 ~ ~ to to ;" ;" '" '" b b z z ;,; 00 0 N ori '" '" II) '" I I 5fI9'30'42'W 100.00' l-. C -4 o o ui '" 'N':.rt- 11)11) ....:,...: E;; g LOT 26 :Ii 6,500 S.F. 20' STORM _ ___ _ JJ;.~!;~U:~~.Q1.EJit S89'30'42'W 100.00 g ui '" LOT 34 6,500 S.F. I , , 1 1 , 01 0' .\ 11)1 "" 1 , 1 1 ;., 1 '" : ~ , , ~ , , \ 1 ;0 ~! 10 '2\ 1 ;" 1 '" 1 b 1 1 Z 1 1 S89'30'42"W 100.00' LOT 33 6,500 S,T. o C! III '" g LOT 25 l:i 6,600 S.F. S89'30'42''W 100.00' g ori '" LOT 24 6,500 S,F. LOT 32 6,500 S,T. g .n <D 589'30' 42"W 100.00' SU9'3Q'42"W 100.00' _ _JU.TCH LINE 1 , , , 1 , '8! LOT 31 g :::i: 6,500 S.F. l:i t-------- 1 I , LOT 23 6,500 S.T. b o ui '" NO-SCALE rr ---., "Ir- Is' LOT II ~~T -j ~~ 122-1 5' II c:.5~ cS':"- L L- VI Olq ;I" III ... - 0- -'" '" 18.S~ \ , 69.13' 589'49'13.E 120.13' LOT 12 11,898 S.F. 0 0 ori '" On 01 oi ., '8 .; '" 00 ori '" " II) c:i II) II) 0 0 F :Ii ., 0. 00 to< b ori z '" '0 o oti '" 00 "': , , , 1 1 !o i; ~ (fJ ~ I I +~'!!'EN'-= LOT 40 1.288 AC FOR FUTURE DEVElOPMENT 585'25'08.E 185.66' 585'25'08"( 184.19' 69.85' 12' EASEMENT OR 95.77' PRIVATE SANI ARY SE....ER SERVICE ATERAL ;;; ..,: 01 LOT 15 6,064 S.T. LOT 14 9,81S S.T. DETENTION 5.72' 51.00' ~ ~ "- to< " VI i!! 00 ;::: 01 " :? LOT 13 9,917 S.T. ~ 1lO .... ~ '" ~ .; 586'16'55"( 106.14' 10' SANITARY SEilER EASEMENT , , , I I. '01 ,II) fa I- I , I I , , : I , 1 , I I : , I , ,- ,0 ,0 !~ , , I 1 I , LOT I I /6,952 S.T. DETENTION 586'16'55"( 166.89' LOT fO 10,672 S'F' 586'16'55"E 161.49' LOT 9 /0,82 I S,T. S86'16'SS"E 156.08' ----------~ , I ! ~ ~\,,\\\~:I~~'IIIIIII.~ #~~ ....... J('~ ~ ~... ...1p ~ l~.. tERRY L ....~~ g::J: kOEU<ER :~ ~ s ~ 15487 : ~ ,%f:too. ...*j ~~ ..~ _00 .~ I HEREBY CERTIFY THAT nns LAND SURVE'IlNG DOCUMENT WI>S PREPARED AND THE RELATED SURVEY WORK WI>S PERFORMED BY ME OR UNDER MY DIRECT PERSONAl. SUPERVISION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. AL1. MONUMENTS WERE PlACEO OR SHAlL BE PLACED ~~z;:~::~::v STREET 10' 10' I .... I , , : , , I I , , , , I , , , , I /;" ,,,, I~ I , I I , , I , I , , , , , I , I 1 I I , , , : ft-., :q ,<'I ,... I , I , I I ! I I , , , I !~ , 01 101 , , , 1 I , , , , , N ... r-: 01 '" ~ . '" p '" g ci 00 '" ~ . ., o in '" 10 '" ~ ~ o Ii "'" Q) '-" w > <( ~ lJ.J 5> a 2: ~ '-' ;i r- ;;; ..; e. " ... ..; 01 r- Cii -i II) ;,. o to II) CAP BUESING &c ASSI CONSULTING ENC 1212 LOCUST ST DUBUQUE, lOll A (563) 556-43f nDAUN 'DV. TUD . , . ' PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA _ _lLf.J:CH LINE , 1 I '8! LOT 31 ~ ~ I 6,600 S~F. ~ t-------- , 1 , : 589"30' 42"W 100.00' S89'30'42"W 100.00' o o ui .. LOT 23 6,500 S.T, g LOT 22 :::i 6,500 S.T, · LOT 30 0 0 6,500 S.T, ui F F <D ., ., 0. 0. to< '" ;., 589'30'42"W ~ b '" z :;j , 100.00' :.,. 00 ~ , '" ~ 0 , N ui , 1 <D d '" , LOT 29 II) n!. .. ;0 a' 0 0' 6,600 S.T. 0 ~ . ., iii ., 11), .., '" ;" , I , 20' STORM 1;::'" '" __L__.~~)l~~_!;~~~~L ::;).... b 8:g z I 589"30' 42"W I wI::! 100.00 Cl~ 9 0:: LOT 28 0 ~ 0 6,600 S.F. iii is '" -..-- < 9 589'30'42"W 100.00' S89'30' 42'W 100.00' o ~ LOT 21 CD 6,600 S.F. S89'30'42"W 100.00' 0) '" ., ~ LOT 18 7,684 S.T. g LOT 20 :Ii 6,500 S.F. 589'30'42''W 100.00' o o ui <D LOT 19 6,500 S.F, 589'30'42''W 100.00' C-2 LOT 27 18,465 S.T. I I '" l-. '" -4 LOT 17 3S,845 S.F. N, ",:, 101 ~, "" , 00 ~ ;;; l" 01 o ;... ~ ; I I ,/ I I , /' I , I I I I ! I / I I I I I ,/ ! 589'17'S2"W 1_3!~~~~_~I~!~~~~___J 5/4. IP ~---66~75~------ 70.90' '::::.!.o"~~'_J.?.o~ 11!'L-=:- ~_ -_________Tl~Q,Z.!' ____ _____ ______.::'::l1..~6.~L_ EX B UTILI EASEMENT /I /2 BLOCK 6, MARYCREST SUB. NO. 2 /4 NOTES. I. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR. NORTH GRANDVIE.... ESTATES, LLC 3. SURVEY REQUESTED BY' DICK HENKEL 4. TOTAL AREA SURVEYED 10,86 ACRES. S. THIS PLAT IS SUBJECT TO AlL RIGHT OF ....AYS AND EASEMENTS or RECORD AND NOT OF RECORD, 6. UTILITY EASEMENT CREATED BY THIS PLAT ARE FOR ELECTRIC, T~I r"Dun-.11:" "'AII. ~ T" ~AC" roT""'", .....-. ..-n ...... .-..... ................. .~...,... ................ g iii .. 586'16'55"E 156.08' 00 iii .. " 10 c:i ::l '8 ::l ., ;" '" 00 b z ui '" 0 0 ui '" ;., .; II) g ui <D 00 '" <D II) LOT 7 9,618 S.T. 586'16'55"E 145.17' LOT 6 8,751 S.F. 583'01'48"( 137.14' o o ui '" 00 01 ,.; II) PHONE: (563) 556-4389 1_ MAreII EN' _ I ~ . N N ..... 'lI; vi ..... ... 01 _ '" ~ b ..... ori ... I I , , , , ICD ,- " :0 / / I , I / ;0 10 o 10 ;,. '" ..-... ~ o ~ ~ Q) '-' 8 fJ I ;y CURVE TABLE, Q, ...~ CURVE DELTA RADIUS ARC CHORD CI ,,~ C-I 61'42'38. 45.00 48.47 46.16 S ~~ C-2 63.39'14. 45.00 50.00 47.46 N ~ C-3 129'28'27 45.00 101.69 81.39 N " C-4 74'50'19. 20.00 26.12 24,31 N ~. C-5 16'51'58. 146.00 42.98 42.82 N , -- I C-6 25'43'26' 146.00 65.55 65.00 N O' 30' 60' C-7 25'43'26' 146,00 65.55 65.00 N C-8 26'45'20' 146.00 68.18 67.56 N -- - - - - - - - --- - - - -- C-9 95'04'10' 146.00 242.25 215.40 N LEGEND C-IO 66'30'59' 104,00 120,74 114.07 N . FOUND 5/8. REROD W/PLASTC CAP RLSI9651 C-l1 28"33'11' 104.00 51.83 51.29 N UNLESS OTHER....ISE NOTED, . FOUND I' PIPE, UNlESS OTHERWISE NOTED. C-12 95'04'10' 104.00 172.56 153.44 N 0 PLACED 5/8' REROD ..../ORANGE CAP C-13 2.46'55' 913.00 44,33 44.33 N MARKED 'KOELKER 15487. C-14 4'03'47' 913.00 64.75 64.73 N NE" LOT LINE THIS PLAT FINAL PLAT BOUNDARY LINE C-15 4'04'26. 913,00 64.92 64.90 N u__uu._uu.____uu EASEMENT LINE C-16 4'08'06' 913.00 65.88 65.88 N --- EXISTING LOT LINE C-17 0'51'18' 913.00 13.63 13.63 N I ) RECORDED DIMENSION P.O.B. POINT OF BEGINNING C-18 15'54'33' 913.00 253.51 252.69 S: ROW RIGHT OF WAY ----------~ , , I '. LOT 8 i~ 9,970 S.T. ,II) ,,,, , , 586"16'55"( 150.68' ! , , I , , , po ,,,! ,- 'II) I , I ;~ IJ w > .q: 3= w :> o 2: ~ o z 7 CAP ~ ., N ci ... ~ 5 6