Crescent Heights Subdivision - Final Plat
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Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W.13th Street Telephone: 589-4210
RESOLUTION NO. 566-00
A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 42 INCLUSIVE,
OF BLOCK 1, LOTS 1 THRU 10 INCLUSIVE OF BLOCK 2, LOTS 1 THRU 22
INCLUSIVE, OF BLOCK 3, AND LOTS A, B, C, D AND E OF CRESCENT HEIGHTS
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Lots 1 thru 42
Inclusive, of Block 1, Lots 1 thru 10 Inclusive, of Block 2, Lots 1 thru 22 Inclusive, of
Block 3, and Lots A, B, C, D and E of Crescent Heights Subdivision in the City of
Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Eclipse Circle (Lot
A), Lunar Drive (Lot B) and Nocturnal Lane (Lot C) together with certain public utility,
sewer easements, storm water detention facility (Lot D) and park land (Lot E) which the
owners by said final plat have dedicated to the public forever; and
Whereas, said plat provides 0 feet of frontage for Lot D and 50 feet of frontage for
Lot E, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations;
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 Eclipse Circle (Lot A), Lunar Drive (Lot B),
Nocturnal Lane (Lot C), storm water detention facility (Lot D), and park land (Lot E)
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Resolution No.. - 00
Page 2
together with the easements for public utilities, sanitary sewer, storm sewer and water
mains as they appear upon said final plat, be and the same are hereby accepted; and
Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to
allow Lot D to have 0 feet of frontage and Lot E to have 50 feet of frontage, where 60
feet of frontage is required.
Section 3. That the plat of Lots 1 thru 42 Inclusive, of Block 1, Lots 1 thru 10
Inclusive, of Block 2, Lots 1 thru 22 Inclusive, of Block 3, and Lots A, B, C, D and E of
Crescent Heights Subdivision 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:
(a) To reduce Eclipse Circle (Lot A), Lunar Drive (Lot B) and Nocturnal Lane (Lot C)
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 mains and sewer service laterals into each individual lot,
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 a storm water detention facility in a manner acceptable to the City
Engineer, in accordance with the City of Dubuque standard specifications, in
accordance with construction improvement plans approved by the City Engineer,
and inspected by the City Engineer.
(d) 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;
(e) To maintain the 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 McDermott Real Estate, as owners 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.
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Resolution No... '- 00
Page 3
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 aH 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 facility until it has been
fully completed and 80% of the sum of the platted lots are 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 (Lot D) shall be assessed against Lots 1 through 42 Inclusive, of Block 1, Lots 1
through 10 Inclusive, of Block 2 and Lots 1 through 22 Inclusive, of Block 3, 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 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 7. That in the event McDermott Real Estate fails to execute the
acceptance and furnish the guarantees provided in Section 3 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 20t~ay of Nove,~f>oO.
Attest:
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