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Plat, final, Indiana Subdivision D~~~E ~<k~ MEMORANDUM July 5, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat of Indiana Subdivision Planning Services Manager Laura Carstens is recommending approval of the final plat of Indiana Subdivision. I concur with the recommendation and respectfully request Mayor and City Council approval. f t' ' /) / (//) "/ , 1 1..-' '''1, I J-1. Michael C. Van Milligen -- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Th7B~ ~<k~ MEMORANDUM July 6, 2005 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Final Plat of Indiana Subdivision INTRODUCTION The submitted Final Plat of Indiana Subdivision encompasses approximately three acres with access from Born Avenue. Born Avenue is located on the west side of Pennsylvania in the 3000 block. The submitted final plat provides for the subdivision of the property into eight single-family building lots. DISCUSSION The submitted final plat of Indiana Subdivision subdivides an existing approximately three acres into eight single-family building lots. A new public street will be built to City residential street design standards of 31 feet of paving and 50 foot of right-of-way. The street will be called Indiana Court. The new street will access Born Avenue between two existing single-family homes located at 1595 and 1615 Born Avenue. The construction of the street will make both homes legally non-conforming in terms of their setbacks adjacent to this new street. Easements have been obtained from both property owners to allow grading on their property as part of the street construction. The owners of 1615 Born Avenue have also granted the developers permission to construct a retaining wall on their property as part of the street construction. The owners of 1595 Born Avenue, Roger and Sarah Poling, had previously submitted a letter to Council with concerns regarding the subdivision. Copies of the easements are enclosed. The proposed subdivision will be served by City water and sewer, both of which have sufficient capacity to serve the proposed development. The final plat also provides for a storm water detention basin located in the southeast corner of the property. Once the development is fully built out, the City will take over maintenance of the storm water detention facility. The costs associated with the administration and maintenance of the detention basin incurred by the City shall be assessed against the lot owners of the subdivision. RECOMMENDATION I recommend that the submitted final plat of Indiana Subdivision be approved as it is in substantial compliance with the City of Dubuque Subdivision Regulations. LC/mkr c/. 1/ C . . ;:J.Mh/7,,rx.-J~ City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 FilX: 563-589-4221 TIIEUTYOI' PLANNING APPLICATION FORM o Variance o Conditional Use Permit o Appeal o Special Exccplion o Limited Setbilck Waiver o Rczoning o Planned District o Preliminary Plat o Minor Final Plat o TextAmendment o Simple Site Plan o Minor Sitc Plan o Major Site Plan ~ Major Final Plat o Simple Subdivision o Annexation OTemporary Use Permit o Certificate of Economic Non-Viabilily o Certificate of Appropriatcness o Other: looi ana SWdi vi si m Please type or print leqiblv in ink Property owner(s): KZ Investnmts LLC C/O Tan Kelze--. Partrer Phone: 583-4550 Address: 4840 IN:A1ry Road Ci ty: I)bxp:! State:~ Zip: 52002 Fax Number: Mobile/Cellulur Number: Applicantl Agent: S<I1e as aOOve Phone: Address: City: State: _ Zip: Fax Number: Mobile/Cellular Number: Site location/address: Xuth of PerIl Ave & \Est of Ibm Ave Existing zoning: R-1 Proposed zoning: Historic District: landmark: legal Description (Sidwell parcel IDlt or lot number/block number/subdivision): Lot 2 of KZ Place Total property (lot) area (square feet or acres): 3.0 /Jeres Describe proposal and reason necessary (attach a letter of explanation, if needed): leiidential Sltx:Iivisim 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 arc not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. Property Owncr(s): Applicant/ Agent: ,~ ?L~\ '-- {( * In ,/t?s-t~r1 Ii' rlt- 5 Date: Date: s.. 2 ?- OS'- FOR OFFICE USE ONLY - APPLIC nON SUBMITTAL CHECKLIST Fee: f~oo .()D Received by: Date: S-Zt./-o S Docket: o Site/sketch plan 0 Con eptual Devel 0 Photo 0 Plat o Improvement plans 0 Design review project description 0 Floor plan 0 Other: <]z Q o ~':" I . :-~} ~Jlj . ':' 'r ill c ~ll: . I c. ca :E ~ .... -- C -- (.) -- > ~ ~ E o ~ 0) :2 0) c ..c o en o 0) 0 E- co c ...,0) E ..- .....0 C 0) co > .2 C ~~ C o +:i co o .9 C .2 o :> "'C .J:l :::J en co C .co "'C C 'I- o ..... co a:: . . C o +:i Q. "i:: o o 0) o [10 L:J CJ CJ oD CJ [l o CJ 0) :::J C 0) ~ .m C cu ~ ~ o C c 0) a. o <0 o (W') "'C CD -~ t'G a. CD .c o - co Q) '- t'G "'C Q) (/) o a. o '- Q. rut......... ....4..... . .--.' . . ~ .. .......... c=J (ij Q) c( z ~ ....I >- en z z w a F\9~G\~ID.f.\~\~~ o o n J:or' .~.f- \\ t:o-<;.~ .,:0 ~e. \fY'''''''' :t>\"~ ~ ~ / &;;.\>~ ~ (;~oV~/ AGREEMENT WHEREAS, KZ Investments, LLC is the owner of property legally described as follows: Indiana Subdivision, which is comprised of Lot 2 ofKZ Place, which was comprised of Lot 1-1-1-1-4 of Mineral Lot 257, and the North 50' of Lot 4 of Block 1 of Breezy Point, both located in the NW ~ of Section 27, T89N, R2E, City of Dubuque, Iowa (hereinafter Parcel #1) WHEREAS, Donald Palmer is the owner of property legally described as follows: S 73.82' of Lot 4 Block 1 of Breezy Point in the City of Dubuque, Iowa, according to the recorded plat thereof (hereinafter Parcel #2) WHEREAS, KZ Investments, LLC, as the owner ofI?arce1 #1, desires to develop a subdivision on Parcel #1, and in connection therewith desires and needs a wall on a portion of Parcel #2. Donald Palmer, as the owner of Parcel #2 agrees to grant such a wall built on the property. >, . " . .. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Donald Palmer, as the owner of Parcel #2, described above, hereby grants to KZ Investments, LLC, its heirs, successors, and assigns, a permanent wall built on his property. Said wall shall be ninety (90) feet long and eight (8) feet tall. The owners of Parcel #1 or its assignees, shall be fully responsible for all expenses of installation, repair, maintenance or replacement of said wall for twenty years following initial construction. This agreement includes the right to go onto Parcel #2, to make such repairs, maintenance or replacement as are required and necessary. 2. After the installation, or any repair, maintenance, or replacement, the area of Parcel #2, shall be restored to the same condition as existed before installation, repair, maintenance or replacement. Dated: --'-i1 ;1 .e 1.".~ I , 2005 Dated: . \ \ ' . / G' j :..v...)"'"'"'.... v- I , 2005 t Z Xv~fYk~/.JJ LtG KZ Investments, LLC Owner of Parcel #1 L)~..~ A '0 ~ Donald Palmer Owner of Parcel #2 '''0'''''' . ~ r /..hl..;../ STATE OF IOWA J ] SS: ] DUBUQUE COUNTY , '. ___ OOYlct , J... Pal J?-7 e-~ On this ;L, cr day of J (('1 ~ ,2005, before me, the ~rSigned, a Notary Public in and for said State, personally appeared L _ _'- II' J to me knO'WD. to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. ...."'~l~(.r THOMAS KELZER o A 'i CommlSSIOI1 Numoer 730754 ~ t.;.:..::.. . Mv CommiSSion Expires ; S'eptember 28. 2005 C/ 1:m.::J ~4 ~ A Notary Public for eState fIowa STATE OF COUNTY ] ] ss: ] On this ~,<J day of T&t..j::l.p , 2005, before me, the undersigned. a Notary Public in and for the said State, personally appeared ~ K e. CU~{1t.J,L .and . to me personally known, who being by me duly swom, did say that they are the f~ r +-1'1 e /" and respectively, of the corporation executing the within and foregoing instrument, [that the seal used is the seal of the said corporation] [that the corporation has no seal]; that the ~ent was sil5D:~d and sealed on behalf of the f-~oration by authority of its Board of Directors; and that. J( :z- +::r? v~ 5+~tl . as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. . ....'t'~I.~(.r<' _ THOMAS KElZER 516- " COI",I"'" ." '".",r'~t 730754 ~ ...\ ~ , . . . M. Cutr:t!lI~,IOI1 ExpIres ~ S't: [ember 28. 2005 ) L/ Notary Public for the State of v....... ~ ~~~ 'V~II~ ,.. ~&r~ t/" t/ -+~ ~(C:>~ // ~O/ AGREEMENT WHEREAS, KZ Investments, LLC is the owner of property legally described as follows: Indiana Subdivision, which is comprised of Lot 2 of KZ Place, which was comprised of Lot 1-1-1-1-4 of;Mineral.Lqt 257, and the North 50' of Lot 4 of Block 1 of Breezy Point, both located in the NW i of Section 27,T89N, R2E, City of Dubuque, Iowa (hereinafter Parcel #1) , .,.' WHEREAS, Roger and Sarah Poling are the owners of property legally described as follows: Lot 2 Molo Place #3 and Lot 2-1-4 ofMin Lot 257 in the City of Dubuque, Iowa, according to the recorded plat thereof (hereinafter Parcel #2) WHEREAS, KZ Investments, LLC, as the owner of Parcel #1, desires to develop a subdivision on Parcel #1, and in connection therewith desires and needs grading on a portion of Parcel #2. Roger and Sarah Poling, as the owners of Parcel #2 agree to grant such grading on the property. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Roger and Sarah Poling, as the owners of Parcel #2, described above, hereby grant to KZ Investments, LLC, its heirs, successors, and assigns, grading to be done on their property. The owners of Parcel #1 or its assignees, shall be fully responsible for all expenses of said grading. 2. This agreement is binding on the parties hereto, their heirs, assigns, and successors in interest, and shall run with the land above described. Dated: ,)l.\ 1'1 ( L. 1 ,2005 Dated: (y^!;. Q.2]. ,2005 ~:.r. THOMAS KEllER ~ ...., ~ Commission Number 730754 . _ . My Commission Expires lOW" Seolember 28, 2005 'p~n:)axa Au.m+unIOA malp. Aq pUB l! Aq 'u0!lB10drO:) alp. JO p~p pUB l::rB A.rBltmIOA alp aq olluatllTUfSU! iltqoi5alOJ alp.Jo uO!ln:)axa alp pai5paIMoID{::rB sla:)YJo SB . Pti!I l./ ~ t.u.../- <;} A v:[ :t)l... .' lm:p. pUB ~Slopal!a JO pmos: Sl! JO Al!lOlp.n-e Aq UOP1310drOO alp. JO JI13lIaq uo pa'[13as pUB paul5!S S13M lUalIIlUJ.SU! alp. lmrJ. ~[I13as ou SBll UOP'Blodroo aip. l13111] [UO!l1310d.tOO P!13S atp. JO {l3as a-q+ S1 pasn '[13as alp. lmrJ.] lua~i5alOJ pU13 U!tV1M. alp. i5U!lnoaxa uO!l13locIloo alll JO 'AlaA!l~dsal , ./ t7 "'-I- .... l:'- 'Q UI -I-- S " ,'f v:r ~ >1 alp. am Aalp. l13lp. A13S P!P 'ulOMS Amp am Aq ~lIpq ollM 'IIM0ID{ AII13Uos~d am Ol ' pUB. 7"id)J: {VJ ff >/ ~ pa.maddB A'[IBUos.rad 'alms p'!BS -1lll 10J pue 1I'! :)Hqn~ A.l:e+oN 13 'pat.ta!S.Iapun alp. 'am aloJaq '~OOZ ' J- LA kJ r JO A13p (:i,. S!1tJ. uo ---. . [ :SS [ [ AlNflO;) dO aLVlS '\ i . _ouo OllllS Olj} "oJ 'nqn,j ^-n!lON V '~/L-~~ SOOG .s, 1"'1U1 . -. e soo, 'Ss Jd':jllJ:lld:lS .,"'0, sal1tj,} (l"'~"Ull. 'J' ,', . 0'-z SdJl(:'~3 1J{)I~S"UI.JtJ f,~ . t . v~LO~1 l~:."'. . "~ ..oJ~.!!; PSLOEI l;j'JIJJ"'J ,J"" .I,.JWOJ ! '~.5 lHZln s~.~~il~11";r~~ HJZ1J)l SVWQHl oS'J;'-D.Jo" 'pa:;lp PU13l::>13 ~tmIOA srq S13 ;)UI'\3S alp. paln::>axa alll131p. pai5paIM.OID[::>13 pue 'lUaIIIl1.llSU! ~II!0~a10J pU13 1I!lll~ :;llp p;)ln:)axa ollM pU13 II! pa'lIrnU uoslad '[13o!:}.uap! ;)lp. :;lq Ol tIM.OIDI :;lID Ol . p~.madd13 ATI-euoslad ';)l13lS P!13s 10J pU13 II! ::>IJqnd AmlON B 'JX:lm5!SJ:;l :;ltp ':;lm ;)JoJ~q '~OOZ ' 4- v 0-.e JO A13p L- c::: s!tp uQ -fk':/';;>d trt:'J'o'5 ~w:1 oJ ju-8o?} A.I.NnO:J ffilonsna :ss V.M.OI dO aLVLS s:o~ .I- \ ~o-s.~ 001"1:> \,J)e.\ \~..,... :i) \ ..~ t>'" ~ / (.,- t" 0- to 1,., .n^o ~;y AGREEMENT WHEREAS, KZ Investments, LLC is the owner of property legally described as follows: Indiana Subdivision, which is comprised of Lot 2 of KZ Place, which was comprised of Lot 1-1-1-1-4 of Mineral Lot 257, and the North 50' of Lot 4 of Block 1 of Breezy Point, both located in the NW ~ of Section 27, T89N, R2E, City of Dubuque, Iowa (hereinafter Parcel #1) WHEREAS, Donald Palmer is the owner of property legally described as follows: S 73.82' of Lot 4 Block 1 of Breezy Point in the City of Dubuque, Iowa, according to the recorded plat thereof (hereinafter Parcel #2) WHEREAS, KZ Investments, LLC, as the owner of~arce1 #1, desires to develop a subdivision on Parcel #1, and in connection therewith desires and needs awall on a portion of Parcel #2. Donald Palmer, as the owner of Parcel #2 agrees to grant such a wall built on the property. .. .. " . NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Donald Palmer, as the owner of Parcel #2, described above, hereby grants to KZ Investments, LLC, its heirs, successors, and assigns, a pennanent wall built on his property. Said wall shall be ninety (90) feet long and eight (8) feet tall. The owners of Parcel #1 or its assignees, shall be fully responsible for all expenses of installation, repair, maintenance or replacement of said wall for twenty years following initial construction. This agreement includes the right to go onto Parcel #2, to make such repairs, maintenance or replacement as are required and necessary. 2. After the installation, or any repair, maintenance, or replacement, the area of Parcel #2, shall be restored to the same condition as existed before installation, repair, maintenance or replacement. Dated: -.:, M. .e '"L~ I ,2005 Dated: ,\ , . i :..,.""'...,.v:- . / G' v- / , 2005 tz XVl-Sf~~,.J;i LtV KZ Investments, LLC Owner of Parcel #1 ( J .. { ',<?,/ .::. jt,.....~t V . Donald Palmer Owner of Parcel #2 T/6utvl,;./ STATE OF IOWA ] ] S8: ] DUBUQUE COUNTY . '..-:- OOYlct let Palm e-..- On this ;2.. cr day of J ({ I'}.( , 2005, before me, the ~rsigned, a Notary Public in and for said State, personally appeared ti-. ~ _' - Hi J to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. 't-~l~(.r THOMA S KELlER tf A 'i CommiSSion Numoer 730754 ~,C;..:..:;l,. Mv CommisSion Expires W S'~Dtemb~r 28. 2005 <:./ I~ ~W1aA Notary Public for eState f Iowa- STATE OF COUNTY ] ] SS: ] On this )...,.9 day of J f/(-f4. .p , 2005, before me, the undersigned. a Notary Public in and for the saiCI State, personally appeared ~ K e. 0';' (1i.J,L -and , to me personally known, who being by me duly sworD, did say that they are the pc-! (' -r Y7 e r and , respectively, of the corporation executing the within and foregoing instrument, [that the seal used is the seal of the said corporation] [that the corporation has no seal]; that the instrument was signed and sealed on behalf of the c~oration by authority of its Board of Directors; and that'--I(~ ~r1 v~5+~dll . as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. . ....'t-~I:(.r(' . THOMAS KElZER ~. ~;. l? Co'"',"," -" """,r'~' 730754 .r;:..:...:::". 1.1, C011:1111,,,OIl Expires ~ S't: tember 28. 2005 ) L/ Notary Public for the State of e/......... er- r- o-!I- ~ j) ~ 11,,\ t: &ro-. ::'Jrt ,., (' 1)U'" /" ~<:' \>('c, / ~o/ AGREEMENT WHEREAS, KZ Investments, LLC is the owner of property legally described as follows: Indiana Subdivision, which is comprised of Lot 2 ofKZ Place, which was comprised of Lot 1-1-1-1-4 of Minera1.Lot 257, and the North 50' of Lot 4 of Block 1 of Breezy Point, both located In the NW .~ of Section 27 "T89N, R2E, City of Dubuque, Iowa (hereinafter Parcel #1) WHEREAS, Roger and Sarah Poling are the owners of property legally described as follows: Lot 2 Mo10 Place #3 and Lot 2-1-4 ofMin Lot 257 in the City of Dubuque, Iowa, according to the recorded plat thereof (hereinafter Parcel #2) WHEREAS, KZ Investments, LLC, as the owner of Parcel #1, desires to develop a subdivision on Parcel # 1, and in connection therewith desires and needs grading on a portion of Parcel #2. Roger and Sarah Poling, as the owners of Parcel #2 agree to grant such grading on the property. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Roger and Sarah Poling, as the owners of Parcel #2, described above, hereby grant to KZ Investments, LLC, its heirs, successors, and assigns, grading to be done on their property. The owners of Parcel #1 or its assignees, shall be fully responsible for all expenses of said grading. 2. This agreement is binding on the parties hereto, their heirs, assigns, and successors in interest, and shall run with the land above described. Dated: CJ ~ Y1 f L 1 ' 2005 Dated: -6'^'" Q?7, ,2005 IJO a:).B:).S at{:).lOJ ~!Nnd A.rn:).ON /:::) ~~ THOMAS KEllER ~ ". :!: CommiSSion Number 730754 . . My Commission ExpIres ~ Seolember28.2005 'paln~ax~ A1].mlunIOA m~lp. Aq pUB :).! Aq 'u0!JB10drOO ~tp. 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')' .'. . 0"-z saJlf:'tj lJl)l~~"Ull,CJ'I-I . r . ~LOtl p.:..... . "~ "oJ~. T !; vgLOf:I 1;:O'lilJ"'J "'1', ,1,.JLUO::l ;t V 5 11311311 S'V\'JLi~.. .~ lV\>.I"" IIJZ1J~ S'VWOHl. "'", 1;,>t.""'" 'p~ap pUB p-e AmlUUIOA s!t{ 813 ames atp. p~lnoaxa a-q lBtp. pailpaIA\oID[oB pUB 'lUaUIIl.Ij.SU1 ilU1o~aloJ pm U!tp.!M. ~tp paln~ax~ Ot{M pUB U1 pameu uos1ad lBopuap! atp. aq Ol UM.0ID[ am Ol . pamadd-e AIIBnoslad '~l'BlS pres 10J pUB U1 O!yqnd Am:).oN -e 'paui1!Sla atp. 'am ~lOJaq '~OOl ' 8' 1-1 0....c JO A'Bp L- L: s!tp. UO -BfA,'/ 0 d l.tl:'.J 0'3 ~Ul,/ OJ ju./3Q?J llNfl08 anOflffilG :ss V.M.OI dO tilVl.S S 1/2 LOT 2 lOT 6 ." r ^ V' lOT' U1 C OJ lOT 8 N 1/2 LOT 9 51/2 lOT 9 N ]0' lOT 12 DWG.NO 05013-03 ~ ~ ~ +-~ PREPARED BY BuESING &: ASSOCIATES ADDRESS: 1212 lOCUST STREET. OUBUOUE, IOWA 52001 PHONE: 563) 556 4389 FINAL PLAT OF INDIANA SUBDIVISION, AS COMPRISED OF LOT 2 OF KZ PLACE LOCATED IN THE NW 1/4 OF SECTION 27, TB9N, R2E. IN THE CITY OF OUBUOUE. IOWA. 0; LOT 3 ~ lOT 4 0 LOT 7 TOTAl AREA T~C:: 14.1156 SF lOT :. 0 ~ - --- -,;.;;: LOT B TOTAl AREA 27,4Jfi5F LOT 2 TOTAL AREA 9576 Sf LOT 3 lOT 10 lOT 1 A\'ENARIUS PLACE LOT 11 ,-,n' UNE OA TA LINE BEARING 0I5T. A S O~.)"12~E 5.99' e N O"$,J'll"W S.9!f 0; OWNER' illlli!! IRCH PIP[ (rOUNO) (SIZE AS NOTED) 5/11' REROD (fQUl\lO) (CAPPED AS NOTED) PROPER TV UNE SUR\'EYEO PRQPERT'!' UNE SUR'lEYEO PERlWETER - - - ~ - CENTERlINE ------------ EASEl.t[NT LINE ( ) R[CClRO OIWENSI(IN p.O.B, POINT or BEGINNING o 5/e" REROD (PLACED) (Y--4016-j 'r'(LLOIIII CAP RED CAP NORTH SOUTH EAST WEST . lOT 2 /(Z PLACE 1(2 IN\'ESTl.t[NTS lLC SCALE'" 60' r I O' 30' 60' 'I'-CAP R-CAP . S , . FINAL PLAT OF INDIANA SUBDIVISION SHEET TITLE PROJECr NO. 05013 PREPARED FOR: BILL LUKSETICH &: 1Ot.A KELZER KZ INVESTMENTS LLC 4840 ASBURY RO DuBUQUE, IA 52002 G:\05\011\dwg\OSOI).(l4-flNAI.-Pl,.AT.lhol:!. \..I~outl, 0i,'2Il2lll15 II:U:l~ ""' ~..__ lOT 3 ~" OJ r 0 140.02" ". ^ lOT 1-2J8 LOT 1-2-4-UL ~7 LOT 2-2-4-t.IL 257 I , , , , I ~ 0 i ~ '" $ ~ .. , , i ~ :~." unL I _ EASEMENT' 5.00': I ______________J ""00' '-1/2' LOT 240 LOT 8 TOTAL AREA 14,511 Sf o o LOT 2 WOlO Pl...CE 13 Ne9"Ofi'49~r 139.6:" (140') I-l/~' N69'06'49"[ 2J3.40' INDIANA COURT 17.9J' S89"06'''9.W 2J2.79' T;,C(: SM'06'4g"W 1J9.86' (140') 15.00' -------------, I , , , : : LOT 1 i ~ - TO::~5 A::A : ~ , , 513,82' LOT 4 z o ~- .. 139.95" ". '_1/_" ::0 fT1 fT1 N 121.12' S89"0604g.W 141.39' -< " ~ 0 ~, 3i z , I I -; , " LOT A " , . g~ ' '. TOTAL AREA I 995ssr , : ~. , : , I I , , , I , , A,iif,' '\ P.O.B. lOT 2 LOT 1 ~ - 1~1;r fT1 - Z 0 X 0 ; 0 0 g 8~. I , I f , I , I , I , I I I 85 :::0 :t , ~ T I I I I I 1_1/_" 0 8. 0 ~ .."" ~ ~. ~ ~ - 1~1/'" tlQlli 1. ALL MEASUREMENTS ARE IN FEET AND OEClt.llALS THEROF. 2. IF THIS PLAT DOES NOT HAVE A SURVEYOR'S SIGNATURE IN PURPLE INK. IT IS A COPY THAT MAY CONTAIN UNAUTHORIZED ALTERATIONS. THE CERTIFICATION CONTAINED ON THIS PLAT SHALL NOT APPLY TO ANY COPIES. I HEREBY CERTlF'Y THAT THIS LAND SURVE"fiNG DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ~E OR UNDER ~y DIRECT PERSONAL S \/ISION AND THAT I At.II A DULY UCENSED LAND R YCR UNDER THE LAWS OF THE STATE OF IOWA. ~""\\'\\\~:6"1"'11/1~ I'~~.........,!v.~ G:.~,~.)~ ~IIIII. ~ow.~ \\\\,*~ 1/lllfl/llllll\\\\\\\ ~'/...~ z-r (DATE) 4016 IroCY LICENSE RENEWAL DATE IS DECEMBER 31, 2006 B 1Js!~~sl,~ G ENGINEERS AND SURVEYORS 1212 LOCUST ST. OU9UOIJE. IA (S6J) 556 4389 FIELD SURVEYED ON 1/25/05 SCALE: 1" - 50' REVIS'ONS DRAWN 8Y' TPL CHECKED BY: JLW SUBDIVISION STAFF REPORT Project Name: Final Plat of Indiana Subdivision Property Owner: KZ Investments, clo Tom Keizer Applicant: KZ Investments, clo Tom Keizer Number of Lots: 8 Acreage in R.O.W: .63 acre Total Area: 2.99 acres In City: Yes In 2-Mile Area: NIA Flood Plain: No Density Allowed: 1/5,000 sq. ft. 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 - Residential East - Residential South - Residential West - Residential Proposed Zoning: R-1 Existing Zoning: R-1 Adjacent Zoning: North - R-1 East - R-1 South - R-1 West - R-1 Physical Characteristics: The subject property is an infill parcel " located between two existing single-family subdivisions on the south side of Pennsylvania Avenue. The subject property generally slopes to the southeast. Proposed Phasing: None. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: None. Proposed Streets and Grades: Indiana Court - 3% Recommended Motion: Motion to approve the Final Plat of Indiana Subdivision as it is in substantial compliance with City of Dubuque Subdivision Regulations. Conformance with Comprehensive Plan: This City's Comprehensive Plan designates the subject property for single-family or duplex residential. This project implements Comprehensive Plan's Land Use Element: Goal 1.2, 1.5, 7.2 and 7.3 Subdivision Staff Report - Indiana Subdivision Page 2 Impact of Request on: Utilities: City water and sewer can be extended to the site and has the capacity to serve the proposed eight single-family lots. City water is available within the right- of-way of Born Street, while sanitary sewer is available near Ideal Lane. The development will need to negotiate with an easement to access the sanitary sewer main. Traffic Patterns: The proposed eight lot subdivision will be served by a new cul-de- sac street named Indiana Court. The new street will intersect with Born Avenue near its existing intersection with Indiana Avenue. No traffic counts are available for Born Avenue. Public Services: Existing public services are adequate to serve the proposed development. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development of the property. Adjacent Properties: Adjacent properties will be impacted by the proposed subdivision by a small increase in vehicle trips on Born Avenue and a loss of open space behind homes fronting on Born Avenue and Ruan Drive. Recommended Conditions on Plat: None. Staff Analysis: The submitted Final Plat of Indiana Subdivision subdivides an existing 2.99 acres of land into eight new single-family lots. The subject property is a re- subdivision of a large parcel associated with an existing residence at 3060 Pennsylvania Avenue. The subject property was most recently proposed for redevelopment as a funeral home by James L. Schneider and previous to that request, the Archdiocese of Dubuque used the property as a residence for the Archbishop. The proposed subdivision will have access from Born Avenue with a new public street built to the City's residential street standard of 31-feet of paving and 50-foot of right-of- way. The access to Born Avenue goes through a 50-foot wide portion of the lot that extends between homes at 1615 and 1595 Born Avenue. The construction ofthe street will change the previously mentioned lots to corner lots and the two existing homes would be made legally non-conforming in terms of their setbacks. A corner lot is considered by the Zoning Ordinance to have two front yards with setbacks of 20 feet. The existing home at 1615 Born Avenue will have a setback of 18 feet to the new street right-of-way, and the home at 1595 Born Avenue will have a setback of five feet. The Subdivision Staff Report - Indiana Subdivision Page 3 spacing between the homes and the actual street paving would be 28 feet for the property at 1615 Born Avenue and 15 feet from 1595 Born Avenue. Easements have been obtained from both property owners to allow grading on their property as part of the street construction. The owners of 1615 Born Avenue have also granted the developers permission to construct a retaining wall on their property as part of the street construction. The owners of 1595 Born Avenue, Roger and Sarah Poling, had previously submitted a letter to Council with concerns regarding the subdivision. Copies of the easements are enclosed. The proposed subdivision will be served by City water and sewer, which have sufficient capacity to serve this development. The water main will be extended from Born Avenue along the proposed right-of-way and the sanitary sewer will be brought up from Ideal Lane through an easement on Lot 1 Avenarius Place. The easement has not been negotiated by the developer at this point in time, but will have to be obtained prior to approval of a final plat. ' The submitted preliminary plat does provide for storm water detention basin in the southeast corner of the property. The proposed detention basin would be a dry bottom detention basin in that water would only be detained for a short period of time after a storm. Once the development is fully built out, the City will take over maintenance of the storm water detention basin. The submitted preliminary of Indiana Subdivision is in substantial compliance with the City of Dubuque Subdivision Regulations and Planning staff would recommend that the plat be approved. Prepared by: rf 1 ~eviewed~~ Dale: CXe -iJ()-O:; Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 RESOLUTION NO. 341-05 A RESOLUTION APPROVING THE FINAL PLAT OF INDIANA SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Indiana Subdivision in the City of Dubuque, Iowa; and; Whereas, upon said final plat appears a street to be known as Indiana Court (Lot B), together with certain public utility, storm and sanitary sewer easements all in Indiana Subdivisions, 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 Indiana Court (Lot B), 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 Indiana 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: Resolution No. -05 Page 2 (a) To reduce Indiana Court (Lot B) 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 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; (d) To construct any retaining walls necessary for street construction, outside the platted right-of-way and to obtain the necessary easements for same; (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 KZ Investments, 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. 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 4. The undersigned owner hereby agrees to continue to maintain the detention facility until all of the following has been compiled with: a. The detention basin has been fully completed in accordance with the construction improvement plans approved by the City Engineer. b. 80% of the platted lots have been developed Resolution No. -05 Page 3 c. Adequate erosion control measures, as approved by the City, have been installed on the remaining 20% of the platted lots. Section 5. Upon the City's acceptance of the detention facility, the undersigned owner hereby agrees that periodic inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility shall be assessed against the lot owners of Indiana Subdivision in equal amounts. Such costs will be dependent upon the condition of the facility. The City Manager shall certify such costs to the City Clerk, who in turn shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. The future repairs, reconstruction on remodeling of the retaining walls will be the responsibility of the property owner on which the wall is constructed. Section 7. 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 8. That in the event KZ Investments, 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 18th day of July, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. - 05 I, the undersigned, Tom Keizer, representing Keizer Investments, LLC, having read the terms and conditions of Resolution No. - 05 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of 2005. By: Tom Keizer Sheet 2 of 4 Survevors Certificate Dubuque, Iowa "d "/."0. , 2005 I hereby certify that the plat shown on SHEET 1 OF 4 hereof, is a true and correct FINAL PLAT OF INDIANA SUBDIVISION, AS COMPRISED OF LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA., according to the recorded plats thereof, subject to easements of record and not of record. The perimeter of INDIANA SUBDIVISION, was surveyed by me and is more particularly described as follows: INDIANA SUBDIVISION Commencing at the Northeast comer of Lot 1 of Avenarius Place, the Point of Beginning; Thence North 59. 45' 03" West (this is an assumed bearing for the purposes of this survey only) along the North line of said Lot 1, a distance of 367.42 feet to the East line of Falks Subdivision; Thence North 0.22' 51" West along the East line of said Falks Subdivision, a distance of 232.70 feet to the Southwest comer of Lot 1 of KZ Place; Thence South 89. 41 56" East along the South line of said Lot 1, a distance of 102.93 feet; Thence North 41. 22' 06" East along the Southeasterly line of said Lot 1, a distance of 173.51 feet to the Southwest corner of Lot 1-2-4 of ML 257; Thence South 89. 43' 08" East along the South line of said Lot 1-2-4 and Lot 2-2-4 of ML 257, a distance of 99.69 feet to the Northwest corner of Lot 2-2-1-1-1-4 of ML 257; Thence South 0.10' 25" East along the West line of said Lot 2-2-1-1-1-4, Lot 1-2-1-1-1-4, Lot 2-1-4, all of ML 257, a distance of 189.70 feet to the Southwest corner of said Lot 2-1-4; Thence North 89. 06' 49" East along the South line of said Lot 2-1-4 and Lot 2 of Molo Place #3, a distance of 139.85 feet to the West ROW of Born Avenue; Thence South O. 11' 08" East along the West ROW of said Born Avenue, a distance of 50.00 feet to the Northeast corner of the South 73.82' of Lot 4 of Block 1 of Breezy Point; Thence South 89. 06' 49" West along the North line of the said 73.82' of Lot 4, a distance of 139.86 feet to the Northwest corner of the said 73.82' of Lot 4; Thence South O. 10' 25" East along the West line of the said 73.82' of Lot 4, and Lot 3, Lot 2, and Lot 1 of Block 1 of Breezy Point, a distance of 307.27 feet to the Point of Beginning; The Total Area of INDIANA SUBDIVISION is 2.995 Acres, the Road Area is 0.630 Acres, and the Net Area is 2.365 Acres, and 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 un the laws of the State of Iowa. J N L. WHITE CENSED LAND SURVEYOR EGISTRATION # 4016 ~. -Iaar '2;ClCI'- DATE REG.RENEWAL1V31roS .. . Sheet 3 of 4 Owner's Consent Dubuque, Iowa ~,200S The foregoing FINAL PLAT OF INDIANA SUBDIVISION, AS COMPRISED OF LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA., is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate Lot B (Indiana Court), and all easements to the public KZ INVESTMENTS, LLC. C//~fl' T ~4^ Thomas J. Keizer, artner ...... State of Iowa . o.:dD ~"V . County of Dubuque ss: On this ~day of , A.D. 200S, before me, the undersigned, A Notary Public in and for the State of Iowa, pers ally a eared Thomas J. Keizer, to me personally known, who, being duly sworn, did say that said Thomas J. Keizer is a Partner of KZ Investments; LLC., that said instrument was signed and sealed by him on behalf of said Corporation by authority of its Board of Directors, and that said Thomas J. Keizer acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. City of Dubuque Plannlna Services Dubuque, Iowa I\a..\ y r 5 , 200S The foregoing FINAL PLAT OF INDIANA SUBDIVISION, AS COMPRISED OF LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA., is hereby approved by City Planner of the City of Dubuque, Iowa. Planning Services Department City of Dubuque. Iowa Dubuque, Iowa ~4 / ?', 200S 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 INDIANA SUBDIVISION, AS COMPRISED OF LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA., and the dedication of Lot B (Indiana Court), and all easements to the public, as appears heretofore has been filed on '7-/$-t75 as resolution #J~/-C75 in the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approve said 1. Sheet 4 of 4 Attomev's Certificate Dubuque, Iowa .j(.L't /5". ,2005 . TO WHOM IT MAY CONCERN: CO. This will certify that I have examined the abstract of title of LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, I~ TH~ CITY OF DUBUQUE, IOWA, covering the period from Government entry to :]i.L'f .5,. 00 certified on that date by A-ht'/" Abstl'l~cr':- Tifl~ Co. and find that said abstract shows good and merchantable title to said real estate in K~ LA IN ~hu ~'1 fs,; ,-, L,(!, h(.X.u1f. L,,,,ifeJ t, c.hll, ~7:: W..." c"'( free and clear of all liens and encumbrances and shows taxes all paid, including taxes for t e fiscal yea 200:3 - Zoo4-. , S""i<'t r -k ),I..,f.;lel t.c r 1'0$+ I' II .....e-/! T- :J:J ~G -aVO, h/~d t-/c-"" 8,I'CXlG/ ~ ~ ill n../JOI' 01' D,-,/JI1(o C;""","'VIHI-y ~. ? C-,~dd" UIHO?t. Attomey-at-L /;If Mt'.i A...,-rc; If /teL County Treasurer's Certificate Dubuque, Iowa ,2005 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa do hereby certify that all taxes levied against LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA, have been paid and said real estate is free from taxes as of this date. Treasurer of Dubuque County, IA City Assessor's Certificate Dubuque, Iowa ,2005 The foregoing FINAL PLAT OF INDIANA SUBDIVISION, AS COMPRISED OF LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA, was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. City Assessor of the City of Dubuque, IA County Auditor's Certificate Dubuque, Iowa ,2005 I, the undersigned, Denise M. Dolan, Dubuque County Auditor have reviewed and examined the FINAL PLAT OF INDIANA SUBDIVISION. AS COMPRISED OF LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA The foregoing Survey Plat was entered of record in the Office of the County Auditor of Dubuque County, Iowa, on the date first written above. Attest: Denise M. Dolan, Dubuque County Auditor Recorder's Certificate Dubuque, Iowa ,2005 The foregoing FINAL PLAT OF INDIANA SUBDIVISION, AS COMPRISED OF LOT 2 OF KZ PLACE, LOCATED IN THE NW Yo OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA, has been reviewed by the Dubuque County Recorder. Dubuque County Recorder . ~ .... . Sheet 4A of 4 BANK CONSENT Dupaco Community Credit Union of Dubuque, Iowa hereby states that it is the mortgagee of a mortgage Instrument No. ~DVS- ~oooo 3~' \;) of the records of Dubuque County, Iowa as dated ~ -J -0 ~ and filed on 3--1l- 0 ~ on real estate described as follows: LOT 2 OF KZ PLACE, LOCA TED IN THE NW ~ OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA. Dupaco Community Credit Union of Dubuque, Iowa hereby consents to the FINAL PLAT OF INDIANA SUBDIVISION AS COMPRISED OF LOT 2 OF KZ PLACE, LOCA TED IN THE NW ~ OF SECTION 27, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA ~ Dated this 15 day of ~ ,2005 DIT UNION OF DUBUQUE, IOWA BY: John nior Vice President of Business Lending State of Iowa ) ) County of Dubuque) ss: On this /5 ~ day of ill , AD 2005, before me, the undersigned, A Notary Public in an~wa, personally appeared John W. Koppes to me personally known, who being by me duly sworn, did state that he is the Senior Vice President of Business Lending for Dupaco 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 John W. Koppes as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Wnness my hand and Notarial Seal 02 above written. /~ t Notary Public in and for the State of Iowa