U.S. Highway 20 at Old Highway Road Subdivision PlatRESOLUTION NO. 443-00
RESOLUTION APPROVING THE FINAL PLAT LOTS 1, 2 AND 3 OF WEBER ACRES
IN DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a final plat Lots 1, 2 and 3 of Weber
Acres, in Dubuque County, Iowa, Lot 1 being in the City of Dubuque; and
Whereas, upon said plat provides 0 feet of frontage for Lot 3, where 60 feet is required
by Section 42-19(b) of the Subdivision Regulations; and
Whereas, said plat has been examined by the Zoning Advisory Commission and had its
approval endorsed thereon; and
.
Whereas, said plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow
Lot 3 to have 0 feet of frontage, where 60 feet is required.
Section 2. That the final plat Lots 1, 2 and 3 of Weber Acres 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 subdivision plat.
Section 3. That the City Council hereby waives Article IV, Design and Improvement
Standards of the Subdivision Regulations, except Section 42-19, Lots and Blocks.
. 18th September
Passed, approved and adopted thiS day of ,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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Sheet 2 of 6
SUR VEYOR'S CERTIFICATE
.
I, John M. Tranmer, hereby certify that I am a Licensed Land Surveyor in the State of Iowa, and that the
following tract of real estate was surveyed and platted by me or under my direct personal supervision, To
Wit:
Lot 1-1-2, lying South of U.S. Highway 20 and the South 32.9 feet of Lot 2-1-2 in the Southwest
Quarter of the Southeast Quarter of Section 29, and the North Half of the Northeast Quarter of
Section 32, except the U.S. Highway 20 right-of-way, in Township 89 North, Range 2 East of the
Fifth Principal Meridian, Dubuque County, Iowa, being more particularly described as follows:
)1
Beginning at the Northeast corner of said Section 32;
Thence South 03 degrees 08 minutes 58 seconds West, 1344.66 feet along the East line of the Northeast
Quarter of the Northeast Quarter of said Section 32;
Thence North 88 degrees 15 minutes 45 seconds West, 2642.22 feet along the South line of the North
Half of the Northeast Quarter of said Section 32;
Thence North 02 degrees 20 minutes 37 seconds East, 1153.12 feet along the West line of the Northwest
Quarter of the Northeast Quarter of said Section 32;
Thence Easterly along the Southerly right-of-way line of U.S. Highway 20, the following four (4)
courses: South 87 degrees 29 minutes 26 seconds East, 212.68 feet; North 02 degrees 34 minutes 20
seconds East, 136.15 feet; North 79 degrees 16 minutes 42 seconds East, 358.47 feet; North 65 degrees 21
minutes 04 seconds East, 637.88 feet;
Thence South 00 degrees 55 minutes 50 seconds West, 264.68 feet along the East line of said Lot 1-1-2;
Thence North 89 degrees 37 minutes 37 seconds East, 207.90 feet along the North line of the South 32.9
feet of said Lot 2-1-2;
.
Thence South 01 degrees 46 minutes 53 seconds West, 49.15 feet along the East line of the Southwest
Quarter of the Southeast Quarter of said Section 29;
Thence South 88 degrees 24 minuies 14 seconds East, 1315.62 feet along the North line of the Northeast
Quarter of the Northeast Quarter of said Section 32, to the point of beginning.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as Lots 1,2 and 3 of Weber Acres, Dubuque County, Iowa, containing 83.01 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 attached hereto and made a part of this certificate. All monuments were placed or shall be
placed within one year from the date this plat is recorded.
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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.
FOR IIW ENGINEERS AND SURVEYORS, P.C.
SEAL
8-z-oa
Jo M. Tranmer Date
License Number 12631
My license renewal date is December 31, 2000
Pages or sheets covered by this seal: Surveyor's Certificate Only
.
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Sheet 3 of 6
OWNER'S CONSENT
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, Iowa
;)..
,200::1
The foregoing plat of Lots 1,2 and 3 of Weber Acres, is made with the free consent and in accordance
with th, d","", oft'" ondoB;_ 0"",,,'" propri'~~j..d re.1 "la~
BY~~
By
State ofIowa )
) ss:
County of Dubuque )
On this ~ day of A.D. 20~, ,before me, a Notary Public in and for said
state, personally appeared t
to me known to be the persons named in and who ex a the foregoing instrument, and acknowledged
that they executed the same as their voluntary act and deed.
~ '-11A~
Notar/~iC in the State ofIowa
My Commission Expires
r;, /?CJ/t! /
! I
COUNTY TREASURER
Dubuque, Iowa
.20_
I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do her!=by certify that a1l taxes
levied against Lot 1-1-2, lying South of U.S. Highway 20 and the South 32.9 feet of Lot 2-1-2 in the
Southwest Quarter of the Southeast Quarter of Section 29, and the North Half of the Northeast Quarter of
Section 32, except the U.S. High~ay 20 right-of-way, in Township 89 North, Range 2 East of the Fifth
Principal Meridian, Dubuque County, Iowa, have been paid and said real estate is free and clear of all
taxes as of this date.
Treasurer of Dubuque County, Iowa
RECORDER'S CERTIFICATE
Dubuque, Iowa
,20_
The foregoing plat of Lots I, 2 and 3 of Weber Acres, has been reviewed by the Dubuque County
Recorder.
Recorder of Dubuque County, Iowa
ATTORNEY'S OPINION
Dubuque
,Iowa
September 8 ,20~0
TO WHOM IT MAY CONCERN
This will certify that I have examined the abstract of title covering Lot 1-1-2, lying South of U.S.
Highway 20 and the South 32.9 feet of Lot 2-1-2 in the Southwest Quarter of the Southeast Quarter of
Section 29, and the North Half of the Northeast Quarter of Section 32, except the U.S. Highway 20 right-
of-way, in Township 89 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa,
according to the plats thereofCQvering the period from government entry to 8/14/2000 at 8: 00 a.m.
. ~ubuqy~ COQnty Abst~act .
certtfied on that date by & Ti r e Company and find that saId abstract shows good and
merchantable title to said real estate in Edward D. Tschiggfrie
free and clear of all liens and encumbrances and shows taxes paid including taxes for the year
7/1/99-6/30}00 except for a mortgage to American Trust & Savings Bank filed 12/29/94
as Instrument No. 16231-94 and assignment f rents a reement t American Trust & Savings
Bank filed 3/5/99 KANE, Y & , P.
as Instrument No. 3919-1999
.
.
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Sheet 4 of 6
PLANNING SERVICES
20_
Planning Services Division
City of Dubuque, Iowa
City Planner
Dubuque, Iowa
COUNTY PLANNING AND ZONING
,20_
The foregoing plat of the Lots I, 2 and 3 of Weber Acres, is hereby approved by the Dubuque County
Planning and Zoning Commission and approval of said plat by the County Board of Supervisors is hereby
recommended.
Dubuque, Iowa
CITY ZONING COMMISSION
Dubuque County Planning and Zoning Commission
~.. ....J~'-- ~ ,20 QO
,
The foregoing plat in the City of Dubuque, Iowa, as appears on Sheet I of _ hereof, is hereby approved
by the City of Dubuque Zoning Commission and approval of said lat by City Council of the City of
Dubuque, Iowa, is hereby recommended.
Dubuque, Iowa
CITY COUNCIL
~~k#~ /4" ,2Qt;f-t?
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, as appears on Sheet 1 of "6 hereof has been filed in the office of the Clerk
of the City of Dubuque, and that by Resolution No. ij "Y:S - tPt7 the Dubuque City Council approved
said plat.
T ce M. Duggan
Mayor of the City of ue
k~~~~
eanne F. Schneider
Clerk of the CIty of Dubuque
1
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.
Sheet 3A of 6
MORTGAGEE'S CONSENT TO PLAT
The undersigned, as holder of a real estate mortgage dated December 28, 1994, and filed with
the Dubuque County Recorder on December 29,1994, as Instrument No. 16231-1994, and as the
holder of an assignment of rents agreement dated January 4, 1999, and filed with the Dubuque
County Recorder on March 5, 1999, as Instrument No. 3919-1999, which encumbers the following
described real estate:
Lot 1-1-2, lying South of U.S. Highway 20 and the South 32.9 feet of Lot 2-1-2 in the
Southwest Quarter of the Southeast Quarter of Section 29, and the North Half of the
Northeast Quarter of Section 32, except the U.S. Highway 20 right-of-way, in
Township 89 North, Range 2 East of the Fifth Principal Meridian, Dubuque County,
Iowa
does hereby consent to the foregoing plat of Lots 1,2 and 3 of Weber Acres, Dubuque County, Iowa.
Dated this ~y of September, 2000.
Attest:
AMERICAN TRUST & SAVINGS BANK,
::uq~
Thomas J. U
Executive Vice Prulclent
American Trult . Savlnga Banlc
Dubuque, IA 52001
r
.
I
1
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STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this ~ay of September, 2000, before me, the undersigne , aN tary Public in and
for the State of Iowa, personally appeared . and
, to IlJ'-.personally known, who being by m duly sworn,
did say that they are the f. Y (l.uft Vf. ./ VI ( t rrl'?lh.n'/and ,
respectively, of American Trust & Savings Bank, the corporation executing the within and foregoing
instrument; that said ins ent was si ned on behalf of the corporation by authority of its Board of
Directors; and the said . and
as such officers acknowledged the execution of d instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
c)uriJ / c j /?JIR F
Notary Public .
in and for State ofIowa
JAMIE J. POlTER
MY EXPIRES
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Sheet 5 of 6
COUNTY BOARD OF SUPERVISORS
Dubuque, Iowa
,20._
The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the
foregoing plat in the County of Dubuque, Iowa, of Lots 1,2 and 3 of Weber Acres, has been filed in the
office of the County Board of Supervisors, that by Resolution No. , the Dubuque County
Board of Supervisors have reviewed and approved said plat.
Dubuque County Board of Supervisors
Chairperson
A TrEST:
Dubuque County Auditor
COUNTY AUDITOR
o
Dubuque, Iowa
,20._
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
day of ,20._.
County Auditor of Dubuque County, Iowa
CITY ASSESSOR
Dubuque, Iowa
,20._
.
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of ,20._.
City Assessor of Dubuque, Iowa
COUNTY ASSESSOR
Dubuque, Iowa
,20._
The foregoing plat was entered of record In the office of the Dubuque County Assessor this
day of ,20._.
I
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County Assessor of Dubuque County, Iowa
COUNTY ENGINEER
Dubuque, Iowa
~ C~~AI" /~ ,20.00
The foregoing plat of Lots 1, 2 and 3 in Weber Acres in Section 29 & 32, Township 89 North, Range 2
East, Township of the Fifth Principal Meridian in Dubuque County, Iowa, has been reviewed for
compliance with current Dubuque County Platting and Sub~vision regu tions d has been ap'pr~ved by
the County Engineer of Dubuque County, Iowa, this /8 day of ht". 20~
.
.^
-,
Sheet 6 of 6
COUNTY BOARD OF HEAL TII
.
Dubuque, Iowa
Sjr /%'
,20~O
--~~
The foregoing plat of Lots 1,2 and 3 of Weber Acres, is hereby approved by the Dubuque County Board
of Health and approval of said plat by the Dubuque County Board of Supervisors is hereby recommended.
kl;/,-:; AVJ t
~ ~- 6t~.../.
u uque County Board of HealtH
Chairperson
ROAD NAMING COMMITTEE
Dubuque, Iowa
,20_
The foregoing plat of Lots 1,2 and 3 of Weber Acres, has been reviewed by the Dubuque County Road
Naming Committee and the street names are established and
approved. Approval of street names does not indicate an acceptance of said streets or roads as a part of
the public street system.
Dubuque County Road Naming Committee
PLATS OFFICER
Dubuque, Iowa
,20_
.
I, the undersigned, Anna M. O'Shea, Dubuque County Plats Officer, have reviewed and examined for
compliance with the Dubuque County Platting and Subdivision Ordinance the foregoing plat of Lots I, 2
and 3 of Weber Acres, and have found said plat to be acceptable.
Anna M. O'Shea
Plats Officer of Dubuque County, Iowa
.
.
. THE CITY OF ~
DUBOQtJE
~~~
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
PLANNING APPLICATION FORM
o Variance
o Conditional Use Permit
o Appeal
o Special Exception
o Limited Setback Waiver
o Rezoning
o Planned District
o Preliminary Plat
~ Minor Final Plat
6'Text Amendment
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Final Plat
o Simple Subdivision
o Annexation
o Temporary Use Permit
o Certificate of Appropriateness
o Certificate of Economic Hardship
o Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): Ed 0~J-- J
Address: 'too JuL,-eN /)c.,j
/J.
7:f 6 i-f r G C f}..,,-<-
Phone: J / r s-a g t6'ff
j)v
City:
P(., j
State:J 11'
Zip: .s-..z 00.5
Fax Number: 3/7 stfoC/'f'-j
Mobile/Cellular Number: 3/9 o..S7 c:; .3 O~b
Applicant/Agent:
Phone:
Address:
City:
State:
Zip:
Fax Number:
Mobile/Cellular Number:
.
Site location/address:
Existing zoning:C-3
PC'c4(:
,
,--
-1-/ ;(t.v-,/ 0<0
/
Proposed zoning:
Historic district:
Landmark:
Legal description (Sidwell ParcellD number or lot number/block number/subdivision): IV,F~ 11/ J;: J.ij .s < c. 3;<-.f1-;< F
rj IV wh.; Iv' F~ S eC. 3.:<. - fXi-~ /.-- r;J- /r CJ r ).0/ /-1-2 S wJ-t.j J ~ J-'j -'"C'L.- 3A -P7 - :< /:--
Total property (lot) area (square feet or acres): J> J /Ie)......:, Number of lots:
Descr"be proposal ansLreason necessary (attach a letter of explanation, if needed):
~4J
CERTIFICATION: I/we, the undersigned, do hereby certify that:
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional r~ired written a~ graphic materials are attached.
'/-. Property Owne~s) c/fi.-f P 21~
1.
2.
3.
Date:
? /2 pc/
/ /
Applicant/Agent:
Date:
.
Fee: 1 too
TION SUBMITTAL CHECKLIST
Date: 8/2-,/ (!::C) Docket:
o Plat 0 Conceptual development plan
o Photo 0 Other:
Received by:
o Property ownership list 0 Site/sketch r plan
o Improvement plans 0 Design review project description
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 29, 2000
FROM:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner '1 I, 1.
TO:
SUBJECT:
Final Plat of Lots 1, 2, and 3 of Weber Acres, Dubuque County,
Iowa
.
INTRODUCTION
The submitted final plat subdivides an existing parcel into three lots. The final plat is
being jointly reviewed between the City of Dubuque and Dubuque County as Lot 1 is in
the City of Dubuque, while Lots 2 and 3 are in Dubuque County.
DISCUSSION
The submitted final plat of Lots 1, 2, and 3 of Weber Acres subdivides property owned
by Tschiggfrie Excavating Company. Lots 1 and 2 are being created to provide for
future development, while Lot 3 is the existing quarrying operation. The applicant has
asked the City of Dubuque to waive the lot frontage requirement for Lot 3. Access to
the lot will be by an easement platted through Lot 1.
The subject property is within the corridor preservation zone for U.S. Highway 20. A
letter has been sent to the Iowa Department of Transportation informing them of the
subdivision request and Planning staff will pass on any information received from the
lOOT.
RECOMMENDATION
Planning staff recommends that the final plat of Lots 1, 2 and 3 of Weber Acres be
approved subject to waiving lot frontage for Lot 3, as the submitted plat is in substantial
compliance with the City of Dubuque Subdivision Regulations.
. KLKlmkr
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SEP-12-2000 12:13
DYERSIJ I LLE RME
319 875 2388
. ~~ IOwa oepartmentOfTra~tIOn
'* Dyersville, Iowa 52040
September 12, 2000
Kyle L. Kritz
Planning Services Department
City Hall, Second Floor
50 West 13th Street
Dubuque, Iowa 5200 I
Anna M. O'Shea
Zoning Administrator
Dubuque County Zoning
13063 Seippel Road
Dubuque, Iowa 52002
REFERENCE: Tschiggfrie Property in Highway 20 CPZ
PROJECT REFERENCE: NHS-20-9(121}-19-31
Dear Mr. Kritz and Ms. O'Shea:
This letter confinns a conversation with Kyle Kritz which occurred shortly after
my letter of September 5. That letter indicated the state's intention to purchase the
Tschiggfrie property to the extent which it impacted the future construction concept
within the Corridor Preservation Zone.
The Iowa DOT is still committed to the purchase of the Tschiggfrie property,
since an approval would remove one of several legal barriers to the development of the
property. However, it appears that the subdivision proposed in this filing will be
beneficial to the actual purchase of the land by the Iowa DOT, in that it does break the
targeted property off from a larger Tschiggfrie holding.
For this reason, I ask you to release my hold on Mr. Tschiggfrie's subdivision
tiling and allow it to go forward. This in no way restricts the Iowa DOT rights to acquire
the property under powers granted by law.
P.02
SEP-12-2000 12:14
DYERS!')! LLE RME
319 875 2388
P.01
.
Should you have any questions, please feel free to contact me at the above
address, or call me at (319) 875-8739.
.
Cc:
Harry Budd, Director, Pre-location Studies, Iowa DOT
Brad Hofer, Project Planner, Pre-location studies, Iowa DOT
Dick Kautz, District Engineer, District 6, Cedar Rapids, Iowa DOT
James Olson, Office of ROW, Ames, Iowa DOT
Clyde Barnes, Office of ROW, Ames, Iowa DOT
Will Sharp, Senior Transportation engineer, HDR, Inc., Omaha
Mike Van Milligen, City Manager, Dubuque
Mike Koch, Public Works Director, Dubuque
Laura Carstens, Planning Services, Dubuque
Mark Jobgen, County Engineer, Dubuque County
Art Gourley, Design Engineer, Dyersville, Iowa DOT
Bruce Chrystal. MOA, Dyersville, Iowa DOT
Barry Lindahl, Corporation Counsel, City of Dubuque
Dave Ferree, Assistant Attorney General, Iowa DOT
Kel'lY Andersen, Assistant Attorney General, Iowa DOT
Ed Tschiggfrie, PO Box 3280, 425 Julien Dubuque Drive, Dubuque, Iowa 52003
.
TOTAL P. 01
.
.
.
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4221
DUB~E
~~~
September 11 , 2000
o. 0
CJ
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(~; >--c :~'i.:
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
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RE: Subdivision Plat
Applicant: Edward Tschiggfrie
Location: U.S. Highway 20 at Old Highway Road
Description: Final Plat of Lots 1, 2 and 3 of Weber Acres
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request.
The application, staff report and related materials are attached for your review.
Discussion
The applicant, Ed Tschiggfrie, spoke in favor of the request, noting that Lots 1 and 2 are
intended for future commercial development while Lot 3 is the existing quarry. Staff
reviewed the submitted final plat, noting that the property is included in the U.S. Highway
20 Corridor Preservation Zone. lOOT representative Bob Krause indicated that the
department intends to begin negotiations to purchase Mr. Tschiggfrie's property, but has
no objection to approval of the submitted plat.
The Zoning Advisory Commission discussed the request, noting that replatting of the
property will not negatively impact future improvements to U.S. Highway 20 and that the
plat is jointly reviewed by the County and City as a portion of the property is in the City.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~ . ,
[;' .11?!~ I.:f</!- J? V/l . ~'kAL
Eugemf'Bird Jr., Chairperson
Zoning Advisory Commission
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