Final Plat_Liberty SubdivisionMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Final Plat Liberty Subdivision
DATE: December 27, 2011
Dubuque
bierd
All-America City
1
2007
The Final Plat of Liberty Subdivision was approved by the City Council at their
September 6, 2011 meeting. Subsequent to the approval of Liberty Subdivision and the
acceptance of the resolution, errors were found in the resolution that necessitates
rescission and re- approval of Liberty Subdivision. The plat has not changed and still
involves the creation of 16 building lots, dedication of a new public street to be called
Mya Rose Court, and associated detention facilities and public easements for utilities.
Planning Services Manager Laura Carstens recommends the City Council rescind
Resolution 310 -11 and re- approve the Final Plat of Liberty Subdivision.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
Dubuque
All AmericaCily
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Final Plat Liberty Subdivision — Rescinding Resolution 310 -11/ Re-
approval
DATE: December 22, 2011
INTRODUCTION
The Final Plat of Liberty Subdivision was approved by the City Council at their
September 6, 2011 meeting. The Final Plat of Liberty Subdivision subdivides 1 three -
acre parcel of land at the end of Liberty Avenue into 16 building lots.
DISCUSSION
Subsequent to the approval of Liberty Subdivision and the acceptance of the resolution,
errors were found in the resolution that necessitates rescission and re- approval of
Liberty Subdivision. The plat has not changed and still involves the creation of 16
building Tots, dedication of a new public street to be called Mya Rose Court, and
associated detention facilities and public easements for utilities.
The Final Plat complies with the Unified Development Code's requirement for 40 points
in sustainability measures. The sustainability measures include:
• 27 -foot wide street (5 points)
• Concrete street (5 points)
• Street trees (5 points)
• Infill development (5 points)
• LED street lights (5 points)
• Infiltration of storm water into detention basin (5 points)
• Iowa Green Streets criteria (10 points)
The City Council approved the preliminary plat for Liberty Subdivision in April 2011.
The Final Plat is in compliance with the preliminary plat.
RECOMMENDATION
The submitted Final Plat of Liberty Subdivision is in compliance with the City of
Dubuque Unified Development Code and I recommend the City Council rescind
Resolution 310 -11 and re- approve the Final Plat of Liberty Subdivision.
Prepared by Kyle L. Kritz, Associate Planner
Attachments
cc: Gus Psihoyos, City Engineer
Illlllll11111llllllllllllll11lllulllll11l1111ll111lllllll111lllllll111l111lllll
Doc ID 007281030006 Type GEN
Kind RESOLUTION
Recorded: 01/27/2012 at 02:07:35 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
Kathy Flynn Thurlow Recorder(
Fi1e2012- 0000160
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121
RESOLUTION NO. 2 - 12
A RESOLUTION AUTHORIZING THE RE- APPROVAL OF THE FINAL PLAT OF
LIBERTY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Liberty
Subdivision in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Mya Rose Court
(Lot A) and Liberty Avenue (Lot B) together with certain public utility, and storm sewer
easements and storm water detention facilities (Lot C and Lot D), 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 owner's 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 streets and
public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolution 310 -11 is hereby rescinded.
Section 2. That the dedication of Mya Rose Court (Lot A), Liberty Avenue (Lot
B), detention facilities (Lot C and Lot D) and the easements for public utilities and storm
sewer, as they appear on said final plat, be and the same are hereby accepted; and
32.00
®Cty Cier, k
Final Plat — Liberty Subdivision
Page 2
Section 3. That the Final Plat of Liberty Subdivision is hereby approved by 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 Mya Rose Court (Lot A) to grade and to construct
longitudinal sub - drain, 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 main and sewer service laterals into each
individual lot, water main and water service laterals into each
individual lot, storm sewers and catch basins, street lighting with all
appurtenances, and erosion control devices all in accordance with
the City of Dubuque standard specifications, all in a manner
acceptable to the City Engineer.
(c) To connect storm water facilities to an approved storm water
detention facility in a manner acceptable to the City Engineer, in
accordance with the City of Dubuque standard specifications and in
accordance with construction improvement plans, and inspected by
the City Engineer.
(d) To construct said improvements, prior to the 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
Council of the City of Dubuque, Iowa, at the sole final expense of
the owners, or future owner.
And, further provided that said Graceland, LLC, 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.
Section 3. Sidewalk installation shall be the responsibility of the owner
abutting the public rights -of -way, including lots with multiple frontages, as required by
City Code 10 -1 -2.
Section 4. The maintenance expenses incurred by the City of Dubuque for the
storm water detention facilities on Lot C and Lot D Liberty Subdivision shall be
Final Plat — Liberty Subdivision
Page 3
assessed against the lot owners of Liberty Subdivision, except the City of Dubuque, as
indicated in the final plat, 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 5. That the final acceptance of the public improvements shall occur
upon certification of the City Engineer to the City Council that the public improvements
have been completed in accordance with the approved improvement plans and City
standards and specifications and accepted by City Council Resolution.
Section 6. That in the event Graceland, LLC, fails to execute the acceptance
and furnish the guarantees provided in Sections 2 and 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 3rd day of January
Attest:
Kevi ' Firnstahl, City Clerk
2012.
Ric
ayor Pro -Tern
ACCEPTANCE OF RESOLUTION NO. 2 -12
I, the undersigned, Rick Ehrlich, representing Graceland, LLC. having read
the terms and conditions of the Resolution No. 2 -12 and being familiar with the
conditions thereof, hereby accept this same and agree, to the conditions required therein.
Dated in Dubuque, Iowa this -0.3- day of 5 A^ 2012.
By
Rick Ehrlich
Graceland, LLC.
I\ T
Final Plat of:
LIBERTY SUBDIVISION
E CITY OF DUBJQUE, IOWA.
AS COMPRISED OF LOT 1 AND LOT 2 OF BREINER ADDITION, AND LOT 3 OF CLARK'S
SUBDIVISION ALL OF THE SW 1/4 OF' SEC. 12, TS9N, R2E, CITY OF DUBUQUE, IOWA.
LOT 35
HAWKEYE ESTATES _
---- - - --86 °2515 -225731' 1225. )
66.70.'
N J
O O
W g In
c Ow
o 5,485sf ")
(P 0
0
S20 °40'27 "E
LOT 1 -1 -4
CLARK'S SUBDIVISION ED
15' DRAINAGE 6?
EASEMENT W
4.
O
97.2
62.40'
7,5785f
66.84' 3'1.72
7'06'56 "E 9:
CCESS, DRAINAGE
U1 AND PUBLIC UTILITY
W EASEMENT S ; E' -�
o I 8
I 5,166sf L
N47'06'56.''E 88.21'
m / \!IL
o I 5,137sf ,IIo S
I II
ID
10
UT al
7,440sf Zs)
STORM SEWER -
-
EASEMENT
LOT 1 -1 BLOCK 7
STONE HILL COMMUNITY
SUBDIVISION f/1
CORNER LANDS
NATLN
N 87 °19' 58 "E
46.83'
7 °30'56 "E
12.91'
LOT 3 -1 BLOCK 7
STONE HILL COMMUNITY
SUBDIVISION / {1
706'56 "E 791.37
WI 1 io
01 5,038sf { '"-
-1
N87 °06'56 'E 87.58'
0
N.7 °06 56 E 88.417 z
IIh °
4
5,155sf !lo
14.37' '1
N•7 °06'56 "E 88.111
3 III
cg 5,148sf 1,9
z! 1
U1
0
4'
N
N
rn
N
L7
00
01
LOT 2 -1 -4
CLARK'S SUBDIVISION
LOT 2 -4
CLARK'S SUBDIVISION
15' DRAINAGE
EASEMENT
LIBERTY AVENUE
..01' 1
N817 °06'56 "E 87.95'
o , 2 !Ia
Q 1 5,009sf
N87°06 56"E 87.7p'
� I l
-1 1161
1 t
1D 6,961sf ti-
(71' 1 N42°13'13 "E 111
Li 4 -.17
s 77.56'
•
• •
20.00' N87 °07'1 8"E 225.11'
74.99' 75.02' 60.05 4,4
9.98'
S87'07'16' W 225.05' (225.07') (20.00')
1 I
N167 °08'56 "E 87.p3
�I 10,
N 14
01 5 016s I
NB-7°06'56"E B7 °066'56'E 87.161'i
9
I 15 15,
1a1- - '5',1-2'4sf 1
I`87°06'S61E 87. 8'
1p1 I, o
16
7,04 2sf I
i I S47'46' 7 "E
14.11' --
s. 5'
X22,14')
' 9sf 89.99' C 90.00'
0
5' DRAINAGE
EASEMENT
LOT 1 -1 -3
TONE HILL COMMUNITY
SUBDIVISION jai
LOT 2- 1 -1 -16
CLARKS SUBDIVISION
LOT 1
CLARK'S SUBDIVISION #2
CURVE
CHORD BEARING
CHORD
RADIUS
ARC LENGTH
DELTA
TANGENT
01
N 5226'04" W
76.43'
50.00'
227.16'
260'18'24"
- 59.26'
C2
N 20'37'54" E
83.95'
50.00'
99.64'
114'10'28"
77.25'
C3
N 55 410'09" W
32.08'
50.00
32.66'
37'25'38"
16.94'
04
N 76'44'51" E
49.04'
50.00'
51.26'
58'44'20"
28.14'
05
N 26'16'15" E
36.01'
50.00'
36.84'
42'12'52"
19.30'
06
N 01'17'17" E
6.76'
50.00'
6.76'
07'45'05"
3.391
PROJECT
FINAL PLAT
LIBERTY SUBDIVISION
NO. 10227
PREPARED FOR:
RICK EHRLICH & CHAD ELLIS
10662 DIESEL DRIVE
DUBUQUE, IA 52002
a
Q
a
LEGEND
1/2" REROD (FOUND)
(CAPPED, "14417 ", YELLOW)
5/6" REROD (FOUND)
(CAPPED, '9651 °. YELLOW)
1' IRON PIPE (FOUND)
(UNLESS NOTED OTHERWISE)
MAC 'MIL (FOUND)
5 /8" REROD (PLACED) (W/ YELLOW
PLASTIC CAP MARKED "JLW 401E ")
EXISTING PROPERTY LINE
SURVEYED PROPERTY LINE
SURVEYED PERIMETER
CENTERLINE
EASEMENT LINE
- - - - - -- FORMER PROPERTY LINE
P.W.
ROW
PuE
(TYR.)
Y
RECORD DIMENSION
POINT OF BEGINNING
RIGHT OF WAY
PUBUC'UTILITY EASEMENT
TYPICAL
RED
YELLOW
0' 30' 60'
1" = 60' (11 "X17 ")
SURVEYED PERIMETER
TOTAL AREA = 135091 sf (3.0Oac.)
OWNER & PROPRIETOR:
LOT 1 AND LOT 2 OF BREINER ADDITION, AND LOT 3 OF
CLARK'S SUBDIVISION ALL OF THE SW 1/4 OF SEC. 12,
1601. R2E, CITY OF DUBUQUE, IOWA.
GRACELAND LLC
NOTF6
1. ALL MEASUREMENTS ARC IN rEET AND DECIMALS THEREOF.
2, THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND
NOT OF RECORD.
3, IF THIS PLAT DOES NOT HAVE THE SURVEYOR'S SIGNATURE IN
PURPLE INK, IT 15 A COPY MD MAY CONTAIN UNAUTHORIZED
ALTERATIONS. THE CERTIFICATION CONTAINED ON THIS PLAT
SHALL NOT APPLY TO ANY COPIES.
LAND
O=`° JOHN L WHITE SQ L
=J; e]C=
4016 _ ////8111111 IMO
1 HEREBY CERTIFY THAT 11112 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.
/ 4
7.a 20 ,:t1
OFIN L WHI (DATE)
ICENSE NUMBER: 4016
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2012
PAGES OR SHEETS COVERED BY THIS SEAL
SHEETS 1 AND 7
� * G
ASSOCIATES INC.
NOINEERS .4ND SURVEYORS
1212 LOCUM" ST. DUBUCuE, IA
(563) 556 -4359
DATE
08/15/1
SCALE:
REVISIONS
08/22/11
a
IUL111111/111111111
Kind! SUBDIVISION PLAT
Recorded: Typo: OFl!
Recorded: 96/21/6011 at 03 :5$ :24 NI
Fee Pat: 347.00 Fags I of II
Dubuque
Rscordsr
FLI.2011- 00013430
Final Plat of:
LIBERTY SUBDIVISION
IN THE CITY OF DUBUQUE, .IOWA.
AS COMPRISED OF LOT 1 AND LOT 2 OF BREINER ADDITION, AND LOT 3 OF CLARK'S
SUBDIVISION ALL OF 1116 SW 1/4 OF SEC. 12, T89N, R2E, CITY OF DUBUQUE, IOWA.
LOT 35
. HAYMESE ESTATES
--------- Rj86'25'15"2-25 5-
0 65.70
W 9 . LI
t 5,485sf P
M
PT Z
S20'40'27 "E
22.6,3-
OJR'
ES
N
41
W
LOT 1 -1 -4
CLARK'S SUBOPASION RO
15' DRAINAGE ow
EASEMENT
CORNER LANDS
IN A TREE
LOT 2 -1 -4
CLARK'S Ms04000N
97.21
I1'I
C
7,578sf 14: 0'
66.84' 3172'
N :7'06'56'E 9-
�ua onun
EASEMENT 11. 2'
5,18 66sf
N.7'06'56 "E 8841
I 7 kj.
c I 5,137sf
;1
•
7'06'56 "E 87.
W1 6 11N
Uo 1 5,143sf 110-
- 1 10'
ca, Cl
62.40
M 1O
O
10 '(T
7,440sf Ia
STORM SEDER
EASEMENT
N8719'58 "E
C6 46.83'
S37'30'56 "E
12.91'
N :7'06'56 E 87.','
,13.15'5 Iv,
mti 50175f �$
13:
N:
w 4
I 5,155sf
14.37'
6E
LOT 2 -4 N
CLARK'S Ms01NSION LO
01
15' DRAINAGE Iv
EASEMENT -,
8.
11.
J
N +7'06'56 "E 88. , '
3 2.'g
GU
. tl 5,148of I.
A
27.081sf UYA ROSE COURT
NO2•41'13 -W 411.23'
N117'06'56 "E 87.915'
I 2 i':
g 2.
5,0095f 2. S
•
UBERTY AVENUE
TO6'56 "E 87.Ip
I 1 ;o
Zol ' 6,961sf i1v
1 N4213'1 3"E II
14.17'_ '
77. •'
20.90' N87'07
4
LOT 2- 1 -1 -11
CLARK'S 070040G1
8"
587'07'16
V1
O
N
W
Pn
W
0,
'DE° oD
/ 3,297sf
?8.7'66'56 "E 7'.37
11 '
5,038sf i J
87'06'56 "E 87. • 8
931 12 IN
5,128sf i u.
LOT 1 -1 MOCK 7
STONE HILL COMMUNITY
SUBDIVISION 11
87'06'56"E 87.92.5
1 13
1A�1 5,127sf I g,
1
87'06'56'E 87.153
14 IV
u; 5 016s
1
LOT 3 -1 BLOCK 7
STONE HILL COMMUNITY
W13016I0011 /I
87'006'56" 87161'
1 5 I'
-3,1f I
PT
O
1,187'06'56 E 87.6 8
11I6
m1 7,042af I -
1 547'46' 7 "E
14.1 -L
77.
le •
a.
E 225.11 2 .14')
60.07' 4,4 "of 89. 9' ' 90.1 '
W
225.05' (225.07') (19.98
20.00')
LOT 1
CLARK'S SUMINMON n
CURVE
CHORD BEARING
CHORD
RADIUS
ARC LENGTH
DELTA
TANGENT
C1
N 52'20'04` W
71.43'
50.00'
227.10'.
26014'24'
- 39.26'
C2
N 20'31'54" E
85.05'
50.00'
9944'
11410'24-
77.25'
C3
N 5310'09' W
32.06'
50.00'
33.88'
3725'38'
16.04'
C4
N 7644'31' E
40.04'
50.00'
51.25'
54'44'20'
28.14'
C5
N 261615` E
36.01'
50.00'
36.84'
4212'32'
19.30'
CS
N 011717" E
1.76'
50.00'
8.75'
07'45'05"
139'
15' DRAINAGE
EASEMENT
LOT 1 -1 -3
STONE HILL Al1NnY
11.61210
• 1/1' row (TOLD)
(COMO, 94417', 1a100
e/Y HMO (FOND)
(CARED. 11111'. 101041
® MAO RAIL (MHO)
0 s/1' RTRD1 0.LAaD) (R/ 1DL00
PLA5110 7'u LLMI ®',LW 40111
Os•D PSRERTY 1AE
Wr%Enm PRORATY LIE
ILIMITOPOILETER
LI OQIT LME
TOMER PROMHY LNE
Rp 4 lo RNHG L
( PA1. PO 11 CF pK�
ROW WCHT or (TAY
POE Pwc 01111Y 5000400
(M.) MO
Y 101OR
0' 30' 60'
1" = 60' (11 0X17 ")
SURVEYED PERIMETER
TOTAL AMA - 130011 "f (Lc0..
LOT I A■0 COT I Rf� � NO LOT 3K
0.0L'f WIORLLOON 411 N' 114 M IN 4 NOV. 1R
Lfe11 Ifs. MT Ls OIOJME. Era.
.B•ONAND ILO
we M /QT /N 0�E1 1LDWIr.
RNN'OTT�}14�YpTIe 441 EAdBfC1 of RORao MD
a �1NenLR A pY w NO pLOLOToon MAIM M
MIL rf2/I•L�OMIFNO a 1 W PL TT01
1 HOMY Cony! WWI' WM LAIRD UTM0 SOONEST
us PIVAOD me 4E a6A110 saner %talc WAS
IT MC OR I RSEI MY SWIM PEISIOIAL
wiz46�I1p TUT I AM A M,�1 UCOLVEO LAID
WS OF NW SCATt O IOWA.
NUMSOt 4011
MINS RENEWAL DATE IS DECEMBER 31. 7012
440"
PA 011 15M�0 0, 11 COW= T IS SEAL:
1
SHEET TTLE
PROJECT NO, 10227
FINAL PLAT
LIBERTY SUBDIVISION
PREPARED PO4,
RICK D4/6.1CN N CHAD ELLiS
10612 MKQ OPivt
OUMI011E, IA 02002
augguNG
IIMUM R RIO 1ORYI70.121
441 1 MU fn. IMAMN
M -UN
DAIS
REVISIONS
DRAMA( BY:
06/16/it
08/22/11
NWL
SCALE:
CHECKED BY:
1' -SO'
JLw
opond
Book , Paae , File Number 2011 - 00013430
(P.9. 2 of 9)
Sheet 2 of 3
Surveyor's Certificate
I, John L. White, a Duly Licensed Land Surveyor In the State of Iowa, do hereby certify that the following real estate
was surveyed and platted by me or under my direct personal supervision, To Wit:
Lot 1 & Lot 2 of Breiner Addition and Lot 3 of Clarks Subdivision in the City of Dubuque.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as
LIBERTY SUBDIVISION in the City of Dubuque, Iowa, Dubuque County, Iowa. The Total area of LIBERTY
SUBDIVISION is 3.0 acres. All Lot areas are more or less and all Lots are 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 are placed or shall be placed within one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work was performed by me or
un : r my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa.
J. nL.White
nsed Land Surveyor
License No. 4016
Dubuque, Iowa
0%/701 tat/
Date
License Renewal Date 12/31/12
Owner's Consent
2011
The foregoing Final Plat of: LIBERTY SUBDIVISION In the City of Dubuque, Iowa, 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 (Mya Rose CT.), LOT B (Liberty Ave.), LOT C (Detention Basin), LOT D (Detention Basin) ,
and all easements shown to the public.. . •,:.' , -
O ••
Rick i , P ident ' •, •t..- fo .. a) �?v;
A, ie \'1P ..i'• • 4' ,
, AD 2011, before me the undersigned, A Notary Pilblir~ in and for th$".bf a pf •'• . (
State of Iowa
County of Dubuque) ss:
On this p2/94h day of
Iowa, personally appeared Ri6k Ehrlich to me personally known, who, being duly sworn did say thatbld. ck Ehrlich
is President of Graceland LLC., that the seal affixed to the above Instrument was signed and sealed,Ati'belialf of said
Corporation by authority of its Board of Directors, and that said Rick Ehrlich, President acknowledged the execution of
said instrument to be the voluntary act and deed of said Corporation by it voluntarily executed.
Witness my hand and Notarial Seal on the date above written
Graceland LLC.
Wary Public in and forth . State of I
WyedMilliss/an ?AO N' aoir
Attorney's Certificate
Dubuque, Iowa 2011
PLEASE SEE THE ATTACHED SHEET 2(a) of 3.
TO WHOM IT MAY CONCERN:
This will certify that I have examined the abstract of title covering Lot 1 & Lot 2 of Breiner Addition and Lot 3 of
Clarks Subdivision In the City of Dubuque, Dubuque County, Iowa, according to plats thereof covering the period
from government entry to certified on that date by
and find that said abstract
shows good and merchantable title to said real estate In free
and clear of all liens and encumbrances and shows taxes paid Including taxes for the year
Attorney - at-Law
County Treasurer's Certificate
Dubuque, Iowa :9 7. • "; 20• °1tp'
I, the undersigned, Eric Stlerman, Treasurer of Dubuque County, Iowa, do hereby qc lfSf that elf t* s; against
Lot 1 & Lot 2 of Brelner Addition and Lot 3 of Clarks Subdivision In the CItS3,q Dub4IgyA,,Dubugi)q ty, Iowa
have been paid and said real estate Is free from taxes as of Ji_iis date. r,. . '
)4 ••• '-i%
Treasurer of Dubug un ty-li . : Tf
., •
• i`;'',,'. ,w!*''S.1t• 'r
- - - - - -- - - -• - Book , Pace , File Humber 2011 - 00013430
(Pago 3 of 9)
Sheet 2(a) of 3
ATTORNEY'S CERTIFICATE
September 1, 2011
Dubuque, Iowa
TO WHOM IT MAY CONCERN:
This will certify that I have examined the abstract of title covering Lot 1 and Lot 2 of Breiner
Addition and Lot 3 of Clark's Subdivision, in the City of Dubuque, Dubuque County, Iowa,
according to the plats thereof, covering the period from government entry to the 22nd day of
August, 2011, certified on that date by Abeln Abstract & Title Company, and find that said
abstract shows good and merchantable title to said real estate in Graceland, L.L.C., free and clear
of all liens and encumbrances, excepting a mortgage to Premier Bank filed as Instrument No.
2011 -1748 of the records of Dubuque County, Iowa, which mortgage remains unsatisfied of
record, and plats, easements and agreements of record. Said abstract further shows that real
estate taxes for fiscal year 2010 -2011 and prior years are paid for parcel nos. 1012331031 and
1012331035 and real estate taxes for the first half of = 10 -2011 and prior ears are
paid for parcel no. 1012331036.
LAF�
4rr em • s- onlo � 011 • •
CLE I • W . 4 TE' ONLON
& ME , L .P.
2080 S -, , th 1 . k Court
Dubu� e, I a 52003
Tele one: (563) 582 -2926
Facsimile: (563) 582 -2998
Book , Page , File Ntmber 2011 - 00013430
(Page 4 of 9)
City Assessor's Certificate
Dubuque, Iowa
9 /�i , 201 1
Sheet 3 of 3
The foregoing Final Plat of: LIBERTY SUBDIVISION In the City of Dubuque, Iowa, Dubuque County, Iowa, was
entered of record in the O f f i c e of the City Assessor of the County of Du , owa, n the date first written above.
City Assessor of the County of Duff ique, Iowa
Ci of Dubu • ue Zonin • Advlso salon
Dubuque,
,2011
The foregoing Final Plat of: - - SUBDIVI . of Dubuque, Iowa, Dubuque County, Iowa, was
reviewed and a • • • • y the City of Dubuque Zoning Advisory Comm ate first written above.
Chairperson, City of Dubuque Zoning Advisory Commission
City of Dubuque Planning Services
Dubuque, Iowa
2011
The foregoing Final Plat of: LIBERTY SUBDIVISION in the City of Dubuque, Iowa, Dubuque County, Iowa, 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 Servicegspart
By:
City Planner of the City of Dubuque, IA
City of Dubuque, Iowa
Dubuque, Iowa
September 6,2011
The undersigned, Roy D. Buol, Mayor and Kevin Fimstahl, Acting Clerk of the City of Dubuque, Iowa, do hereby
certify that the foregoing Final Plat of: LIBERTY SUBDIVISION In the City of Dubuque, Iowa, Dubuque County,
Iowa, and the dedication of all easements to the public, as appears heretofore has been filed In the office of
the City Clerk of Dubuque, Iowa on Sept . 6, 2011as resolutip No. 310 -11 and that the City Council of
the City of Dubuque, Iowa approves said plat.
Mayor •�% he City of Du • que, IA
•
C erk •f the Cit of Dubuque,1
COUNTY AUDITOR •
Dubuque, Iowa [:• (2014OJ _��; f ` • �' *. , .
The foregoing Final Plat of: LIBERTY SUBDIVISION In the City of Dubuque, Iowa,.DSb1jg1b CoLfrily, Iowa; t. ,
entered of record In the office of the Dubuque County Auditor this L1 day of �v 1f ' �'`
q ty y f��� '�: � s.
We approve of the subdivision name or title to be recorded. 1,,l• ' ;'t G' :I .. t *^,: `
) a ".ti* - .' .
County Auditor of Dubuque, IbyT ? .1.Q; .
.i Y• R•corder's Certificate
J`1• :. t.1 -, !Jr, �� ' xis
Dubuque, Iowa `.'r -,L . ••.
'Or'
The foregoing Final PiafciP LIB
reviewed by the Dubuque Cbuh
• z
of �'
Ca `
' '• ^; . •`� Dubu Coun ecorder
/ Acti., S. 40-1-14, Ail
1,&,011.4 .et .2011
IVISRON In the City of Dubuque, Iowa, Dubuque County, Iowa has been
Book , Pace , Pile Number 2011 - 00013430
(Pago 5 of 9)
Sheet 3a of 3
BANK CONSENT
PREMIER BANK of Dubuque, Iowa hereby states that it is the mortgagee of a mortgage
instrument No. 2011 -1748 of the records of Dubuque County, Iowa as dated 1/14/2011 and filed
1/26/2011 on real estate described as follows:
Lot 1 & Lot 2 of Breiner Addition and Lot 3 of Clarks Subdivision in the City of Dubuque.
PREMIER BANK of Dubuque, Iowa hereby consents to the FINAL PLAT OF LIBERTY
SUBDIVISION in the City of Dubuque, Iowa as comprised of Lot 1 & Lot 2 of Breiner
Addition and Lot 3 of Clarks Subdivision in the City of Dubuque, Dubuque County, Iowa.
Dated this ZI0- day of SspFE hbtr , 2011
BY: Atarfr
Scott A. Dalsing, Vi a President of Commercial Lending
State of Iowa
County of Dubuque ) ss:
On this 2J day of , AD 2011, before me, the undersigned, A
Notary Public in and for the State of to a, personally appeared Scott A. Dalsing to me personally
known, who being by me duly sworn, did state that he is the Vice President of Commercial Lending
for Premier Bank 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 Scott A. Dalsing acknowledged the execution of the foregoing instrument to
be the voluntary act and deed of said Corporation by it voluntarily executed.
Witness my hand and Notarial Seal on the date a
e written.
fif t
ary Public in a s for he State of to
•
, .'
' 'Hook , Page , File dumber 2011 - 00013430
(Page 6 of 9)
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl. Acting Cfi+ Clerk Address: City Hall. 50 W. 13th St Telephone: 589 -4121
• RESOLUTION NO. 310 _11
A RESOLUTION AUTHORIZING THE APPROVAL OF THE FINAL PLAT OF LIBERTY
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Liberty
Subdivision in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Liberty Court (Lot
A) together with certain public utility, storm sewer and water main easements, 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 owner's 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 streets and
public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Liberty Court (Lot A) and the easements for
public utilities, storm sewer and water mains, as they appear on said final plat, be and
the same are hereby accepted; and
Section 2. That the Final Plat of Liberty Subdivision is hereby approved by 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:
Book , Page , File Number 2011 - 00013430
(Page 7 of 9)
Final Plat -- Liberty Subdivision
. Page 2
(a) To reduce Liberty Court (Lot A) to grade and to construct
longitudinal sub - drain, concrete curb and gutter 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 main and sewer service laterals into each
individual lot, water main and water service laterals into each
individual lot, storm sewers and catch basins, street lighting with all
appurtenances, 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 connect storm water facilities to an approved storm water
detention facility in a manner acceptable to the City Engineer, in
accordance with the City of Dubuque standard specifications
approved by the City Engineer, and inspected by the City Engineer.
(d) . To construct said improvements, prior to the 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
Council of the City of Dubuque, Iowa, at the sole final expense of
the owners, or future owner.
And, further provided that said Graceland, LLC, 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.
Section 3. Sidewalk installation shall be the responsibility of the owner
abutting the public rights -of -way, including lots with multiple frontages, as required by
City Code 10 -1 -2.
Section 4. The maintenance expenses incurred by the City of Dubuque for the
storm water detention facility on Lot B Liberty Subdivision shall be assessed against the
lot owners of Liberty Subdivision as indicated in the preliminary plat, 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.
Book , Page , File Number 2011 - 00013430
(Page 8 of 9)
Final Plat — Liberty Subdivi6ion
, Page 3 .
Section 5. That the final acceptance, of the public improvements shall occur
upon certification of the City Engineer to the City Council that the public improvements
have been completed in accordance with the approved improvement plans and City
standards and specifications and accepted by City Council Resolution..
Section 6. That in the event Graceland, LLC, fails to execute the acceptance
and furnish the guarantees provided in Sections 2 and 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 6th day of September
• Attest:
2011.
Roy ! Buol, Mayor
Book , Page , File Number 2011 - 00013430