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Final Plat_Boleyn Fourth SubdivisionPlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org cityofdubuque.org Dubuque THE CITY OF Alm`' DUB 1111 J' The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 2012 Masterpiece on the Mississippi February 11, 2013 Applicant: Justin and Paula Licht Location: 17349 Peru Road Description: Final Plat Boleyn Fourth Subdivision, Dubuque County, Iowa 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 spoke in favor of the request, reviewing the location of the property and the size of the resulting parcels to facilitate sale of the property. Staff reviewed the staff report, noting the property is within two miles of the city and is being jointly reviewed by the County and City of Dubuque. The submitted plat is considered a minor final plat and is in compliance with the Unified Development Code. There were no public comments. The Zoning Advisory Commission discussed the request, and had no objections. Recommendation By a vote of 6 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, it,{6 A. rte - Charles Miller, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dubuque DUB ► -2012 Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit ['Appeal ❑Special Exception ['Limited Setback Waiver ❑Rezoning /PUD /ID PLANNING APPLICATION FORM ❑Preliminary Plat ❑Major Final Plat •Minor Final Plat s Simple Site Plan D Minor Site Plan ▪ Major Site Plan Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation [Historic Revolving Loan [Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563 - 589 -4221 planningi'@cityofdubuque.orq DCertificate of Appropriateness ['Advisory Design Review (Public Projects) ['Certificate of Economic Non - Viability ❑Historic Designation ['Demolition in Conservation Districts ['Port of Dubuque Design Review Please type or prin legibly in ink j� kk Property oner(s): V S f 1/�. , I (,{ l�(C{ )\ Phone: CQ� J 3 )--(1 C: i> Address: (7 3j(( ft►'vt 1\C° City: D l{ Y9L1( ke State: I(- Zip: S Z) 1 Fax #: s Cell #: JL % �t - O7�-c 7 E -mail: `3 i-j -I IC.1' I�� �/1D ( -CG' M Applicant /Agent: J k4•S 1V\ � (i /\ Phone: 3' .(..b26 Address: 17 Pict � City: t ) L(Jt1 4 C % S t a r : Zip: S/X Fax #: Cell #: .56 'S—O ?C(7 E -mail: iu(4'ClirtUI ,,C0i4/ Site location /address: i? 9iCi (''Hd LL B Neighborhood Association: Existing zoning:Cd .4y R2 Proposed zoning: AJ/A District: ifi/42 Landmark: ❑ Yes No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): rc tAcs --k` Total property (lot) area (square feet or acres): 2 67 - r r c S Describe proposal and reason necessary (attach a letter of explanation, if needed): .4a-- c,*% .14 c S cric 4 CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required ritte nd grap' c materials are attached. Property Owner(s): _ 4 Date: Applicant /Agent: ` Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: tea() • 0Peceived by: Date: //e//3 Docket: Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Farley, Iowa 52046 Ph #563 - 744 -363 FINAL PLAT BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA. A SUBDIVISION OF LOT 1 IN BOLEYN THIRD SUBDIVISION, LOT 2 OF LOT 2 IN BOLEYN PLACE IN DUBUQUE TOWNSHIP, AND LOT 5 OF BLOCK 1 IN METTEL — LARCHES ADDITION, ALL IN SECTIONS 1 AND 2, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA. . sov.e g e EVBDWNCJNZ REC.AS: 100' ) D REC. AS:1o6' S89•05135 °E BOLEYN ROAD 66' iN 100.07' 99.88' 64' . 99 112 4' 299. REC.AS: 105. N89'05'15 105.22' ° 070 \F 9c9O 90 \ 90/ \J\ P.O.B. NW CORNER LOT 1 IN BOLEYN THIRD SUBDIVISIO FOUND 3/4' PIPE LOT 23 HOUSE 20 um SUBOS TSgN LOT 1 \ 0.766 =ACRES ~�Jn Nr m m ip lg"�.. Pe o „79.92 THE HOUSE CORNER IS 0.2' OVER THE LOT LINE / ^m LOT 1 N89'05'47' ^m 19.76' Jo m FOUND 1° PIPE 21.04 EXISTING 15' '' = EASEMENT FOR ^m. WATER LINE Hm pp (FILE 2002 - 16540) Q LOT 12 rrYm 07070 z 79.99' 11.35' LOT 26 HOUSE THE HOUSE o CORNER I5 r 0.0' FROM o LOT LINE CO N P 100.02' LOT 27 THE S� MIL V.:), MMM AEC'. SEMM '�sNAe SUBDIVISION \ NE CORNER T\a LOT 2 -2 IN A BOLEYN PLACE `qo s SET MAG NAI' m )0 "o\° Po. SCOT \ j F W-"' SS9'06'05'E 299.65' 0 6 % BOI O g10N in BU N EXISTING 10' C4 EASEMENT FOR WATER LINE REC. AS 1199.04 E / (FILE 2007-172231 1106'04'00 "E 560.9460.78' 'w 108.12 LOT 3 ncE - 091 CRS ROAL v n AE D N . 'm B °�E 1.052 ACRES NET to (AlA 30.85' REC 12AS. 122.06' eEC'121.05' m 90.04'_ a 110 .00 ' 2.42" 887'05'21'W 503.98'.r H•W REC. AS 1169'55 N 310.04' m m (0 N Sa O LOT 2 �^ 1O. UI 0.785 LOT 4 G� te ACRES o.N ..q LOT 5 PS V�O Ow\ N g.. PLO mo S76'37'09 "W mot BENT BPIPE -1 /4 40.17' REPLACED W/ RE°.AS:40' 1/2" REBAR w/. qzc. AS: 122.00' YELLOW CAP 122.12' 588.12'22 "W 82.00' S88.12.22 414417 DN DT COx. LOT 3 LOT 2 WITNESS PIN 9g,\ ,76' WEST EITEOF 2 SAGER 14°G1 9' \ LOT 2 LEGEND 0 SET 1/2" REBAR w/ II FOO Sw FOUND 1/2' REBAR YELLOW CAP 414417 BET MAG NAIL FOUND MAG NAIL ♦ FOUNO 3/4° PIPE ♦ FOUND 1 -1/4" PIPE SURVEY DESCRIPTION: SEE SHEET 2 GRAPHIC SCALE 1" =100' 0 100 200 300 PROPRIETORS - LOT 1: KENNETH E. HELBING AND ELAINE J. HELBING PROPRIETORS - LOT 2 -2 JUSTIN T. LICHT AND PAULA K. LICHT PROPRIETORS - LOT 5 GAIL M. HOERNER & ALICE L. HOERNER TOTAL AREA 2.694 ACRES TOTAL -.091 ACRES ROAD 1.603 ACRES NET SURVEY REQUESTED BY: JUSTIN T. LICHT 17349 PERU ROAD DUBUQUE, IOWA 52001 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 my lice 41d,Land Surveyor under the laws of 0f 0...._ _ - 11,-2DJZ a T P. Schneider P.L.S. 014417 Date: My license renewal date is December 31, 2013. Pages or sheets covered by this seal: THIS SHEET ONLY SCHNEIDER Land Surveying Planning, Inc. P.O. Bow 128 Farley. I744 52046 Fax 563 -744 -3621 Fax 563 -744 -3629 Prof ect: 1686 Oate: 5/21/2012 Sheet: 1 of 8 V *• \. Akt Y 4 ••,lC]a:�1�5 �Y Vomp 111 41., li' . c rill_ ► ► ..a 11044 I. 1 e ,i ► ► FOUR MOU N 2 Z 1,; I 21 HIRt _ =NM Aerial o OR@ Base Data Provided by Dubuque County GIS THE CITY OF Dui Masterpiece on the Mississippi Dubuque Eztext c 2012 Vicinity Map Applicant: Justin T. and Paula K. Licht Location: Ginger Ridge and Boleyn Road Description: Final Plat of Boleyn Fourth Subdivision Path: H:1Planning Services \Vicinity Maps\ZAC Vicinity Maps\projects \Vicinity Map Final Plat of Boleyn Fourth Subdivision1- 9- 2013.mxd Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner i% 7` SUBJECT: Final Plat — Boleyn Fourth Subdivision Dubuque bikri All- America City 1 e 2012 January 29, 2013 INTRODUCTION The submitted Final Plat of Boleyn Fourth Subdivision subdivides approximately 2.7 acres of property into three parcels. The submitted Final Plat constitutes a minor subdivision, and thus needs to be reviewed by the Zoning Advisory Commission and City Council. The subject property is in Dubuque County. The Zoning Advisory Commission is reviewing the submitted Final Plat as it is within two miles of the city of Dubuque corporate limits. DISCUSSION The submitted Final Plat of Boleyn Fourth Subdivision re- subdivides three existing properties into three new Tots. The submitted Final Plat facilitates the sale of the properties. All three parcels have sufficient lot frontage and lot area in compliance with the City of Dubuque's Unified Development Code. Planning staff has no concerns regarding this submitted Final Plat. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission approve the submitted Final Plat of Boleyn Fourth Subdivision as it is in compliance with the Unified Development Code. KLK/mkr Attachments 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. 13`h St Telephone: 589 -4121 RESOLUTION NO. 4 2 -13 RESOLUTION APPROVING THE FINAL PLAT BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk the Final Plat Boleyn Fourth Subdivision, Dubuque County, Iowa, and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat Boleyn Fourth Subdivision, Dubuque, County, Iowa 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. Passed, approved and adopted this 18th day of Februpry 2013. Attest: Kevin •. Firns r tah, City Cler Roy D. Buol, Mayor Sheet 2 of 8 Survey Description: BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA A subdivision of Lot 1 in Boleyn Third Subdivision, Lot 2 of Lot 2 in Boleyn Place in Dubuque Township, and Lot 5 of Block 1 in Mettel- Larches Addition, all in Sections 1 and 2, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, more particularly described as follows: Beginning at the northwest corner of Lot 1 in Boleyn Third Subdivision, Dubuque County, Iowa; thence S89 °05'15 "E, 99.88 feet to the northeast corner of said Lot 1; thence S02 °50'46 "E, 280.70 feet to the southeast corner said Lot 1; thence N86 °04'00 "E, 568.90 feet to the northeast corner of Lot 2 of Lot 2 in Boleyn Place in Dubuque Township, Dubuque County, Iowa; thence S30 °30'23 "E, 120.76 feet to the southeast corner of said Lot 2 of Lot 2; thence S87 °05'21 "W, 503.98 feet to the northeast corner of said Lot 5 of Block 1 in Mettel- Larches Addition, Dubuque County, Iowa; thence S10 °13'04 "E, 212.66 feet to the southeast corner of said Lot 5; thence S76 °37'09 "W, 40.17 feet; thence S88 °12'22 "W, 82.00 feet to the southwest corner of said Lot 5; thence N01 °44'49 "W, 216.68 feet to the northwest corner of said Lot 5; thence S87 °05'21 "W, 110.84 feet to the southwest corner of said Lot 2 of Lot 2 in Boleyn Place in Dubuque Township, Dubuque County, Iowa; thence NO2 °47'43 "W, 95.44 feet to the northwest corner of said Lot 2 of Lot 2, also being the southwest corner of said Lot 1 in Boleyn Third Subdivision, Dubuque County, Iowa; thence NO2 °5511 "W, 137.42 feet; thence N89 °05'47 "W, 19.76 feet to a southeast corner of Lot 24 in Boleyn Subdivision in Dubuque Township, Dubuque County, Iowa; thence NO2 °47'39 "W, 150.05 feet to the point of beginning, containing 2.694 acres, which includes 0.091 acres of existing public road right of way. This survey was performed for the purpose of reconfiguring Lot 1 in Boleyn Third Subdivision, Lot 2 of Lot 2 in Boleyn Place in Dubuque Township, and Lot 5 of Block 1 in Mettel- Larches Addition, all in Sections 1 and 2, Township 89 North, Range 2 East of the 5t" P.M., Dubuque County, Iowa. This property is 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 30 days from the date this plat is recorded. I hereby certify that this land survey document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly li nse• Land Su r under the laws of the State of Iowa. Dav : P. Schneider P.L.S. #14417 :ate: My license renewal date is December 31, 2013. Pages or sheets covered by this seal: This Sheet Only Schneider Land Surveying & Planning, Inc. P.O. Box 128 Farley, Iowa 52046 Job No. 1686 Phone: 563- 744 -3631 Fax: 563- 744 -3629 Email: daves @yousq.net Date: 5/21/2012 U Sheet 3 of 8 OWNER'S CONSENT Dubuque, Iowa ia.I 2012 The foregoing plat of BOLEYN FOURTH SUBDIVISION, 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. tin T. Licht l/il Paula K. Licht State of Iowa ) ) ss: County of Dubuque ) On this J day of Oi'- 2012, before me, a Notary Public in and for said state, personally appeared Justin T. Licht and Paula K. Licht to me personally known, who being by me duly affirmed did say that they said Justin T. Licht and Paula K. Licht acknowledged the execution of said instrument to be their voluntary act and deed voluntarily exe - - e �p1i• JOLEE M. DEMMER Commission Number 763 83 My Comm. Exp. Not Public in the State of Iowa My Commission Expires 01/0013 MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned forAmerican Trust & Savings Bank of Dubuque State of Iowa, do hereby certify that the attached Plat of Survey of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, is made with our free consent and in accordance with our desire as lien holder and mortgagee of the premises described herein. Bank American Trust & 2nd Senior V.P.. Gar . Keleher ar es W. Davis Sav ngs Bank City Dubuque State of Iowa ) ) ss: County of Dubuque ) On this 12th day of October , 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared Gary .7. Kel ehPr and (:hart es W. Davis to me personally known, who being by me duly sworn, did say that they are the 9n ii Spni nr v P , and Vice President respectively, of the corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Gary J. Keleher and Charles W. Davis as officers acknowledged the execution of the foregoing instrument to be the voluntarily act and deed of the corporation, by it and by them voluntarily exec ted. JOLEE M. DEMMER Commission Numbs 763 83 My Comm. Exp. l 0 / a k 1 Notary Public in the State of Iowa My Commission Expires 07/08/2013 Sheet 6 of 8 ATTORNEY'S OPINION , a practicing attorney at law in (city) Dubuque ounty, Iowa have examined the abstract of title to the land included within BOLEYN FOURTH SUBDIVISI c , DUBUQUE COUNTY, IOWA said abstract has been prepared in its entirety by the Abstract and Title Company, and was last certified to by said company on the day of 2012, at the hour of o'clock _M. My examination of said a• tract shows good and merchantable title on the date and hour of certification to be in Justin T. Licht, Paula Licht, Kenneth E. Helbing, Elaine J. Helbing, Gail M. Hoerner and Alice L. Hoerner. Dated at Iowa in said County, this day of 2012. 4 Signature Attorney at Law Name (printed) Address P number DUBUQUE COUNTY BOARD OF HEALTH Dubuque, Iowa —�� 2012 The forgoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, is hereby approved by the Dubuque County Board of Health and approval of said plat by the Dubuque Coun Board of Supervisors is hereby recommended. Dubuque County2B and of Healt air -' son COUNTY ENGINEER Dubuque, Iowa T IS ,2012 1,6 ref iZ W; lki V SOY\ the Dubuque County Engineer, have received and examined the foregoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. County Engineer of Dubuque County, Iowa COUNTY TREASURER Dubuque, Iowa 2012 I the undersigned, Treasurer of Dubuque County, Iowa do hereby certify that all taxes and special assessments levied against BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, have been paid and said real estate is free and clear of all taxes as of this date. County Treasurer of Dubuque County, Iowa Sheet 7 of 8 COUNTY ASSESSOR Dubuque, Iowa 2012 The forgoi plat was reviewed in the office of the Dubuque County Assessor this �lp day of 2012. / County Assessor ol ubuque County, Iowa CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa F< tz. 2012 The foregoing plat of the BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, being within the 2 mile jurisdiction of the corporate limits of the City of Dubuque is hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended. City of Dubuque Zoning Advisory Commission Chair CITY COUNCIL APPROVING PLAT Dubuque, Iowa Feb. 18 2012 The undersigned, Mayor and Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, has been filed in the Office of the Clerk of the City of Dubuque, Iowa and that by Resolution No. 42 -13 the Dubuque City Council approved said plat. D4, Roy Kevin , . irnstahl - City Cle State of Iowa ) ) ss: County of Dubuque ) On this 18th day of February 200 before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntary executed. f'AML.A J N'..:. AriAON Commission Numuor 772419 ,0„1..- ,,,,; My Comm. Cry. ff-5 -- J,•, Q Notary Public in acid for the State of Iowa My Commission xpires 45 o� /vim Sheet 8 of 8 COUNTY PLATS OFFICER Dubuque, Iowa ,2012 the Dubuque County Plats Officer, have received and examined the foregoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. County Plats Officer of Dubuque County, Iowa DUBUQUE COUNTY PLANNING AND ZONING Dubuque, Iowa ,2012 The forgoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, 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 County Planning & Zoning Commission Chairperson DUBUQUE COUNTY BOARD OF SUPERVISORS Dubuque, Iowa ,2012 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA has been filed in the office of the County Board of Supervisors and that by Resolution No. the Dubuque County Board of Supervisors have reviewed and approved said plat. Chairperson Attest Dubuque County Auditor COUNTY AUDITOR Dubuque, Iowa 2012 The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of 2012. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa COUNTY RECORDER Dubuque, Iowa 2012 The forgoing plat has been received by the Dubuque County Recorder this day of 2012. County Recorder of Dubuque County, Iowa ATTORNEY'S OPINION I, Jeffrey A. Trannel, a practicing attorney at law in Dubuque, Dubuque County, Iowa have examined the abstracts of title to the land included within: BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, said abstracts having been prepared by the Abeln Abstract & title Company on the dates set forth below. My examination of said abstracts show good and merchantable title on the date and hour of certification to be titled as follows, and subject to the following mortgages, liens or other encumbrances as defined by Iowa Code Section 354.11(3) (2012): Lot 1 of BOLEYN THIRD SUBDIVISION, Dubuque County, Iowa, according to the recorded Plat thereof, continued through the 2,v of day of c,¢n/c/4 _y , 2013 at the hour of 8:00 o'clock A.M.: Kenneth E. Helbing and Elaine J. Helbing, H6sband and wife, subject to: 1. Mortgage to Fidelity Bank and Trust dated 10/26/2004 and recorded 11/3/2004 as Instrument # 2004 - 19408; Lot 5 of Block 1 in Mettel- Larches Addition in Sections 1 and 2, Dubuque Township, Dubuque county, Iowa, according to the recorded plat thereof, continued through the 2 N& day of N i*y , 2013 at the hour of 8:00 o'clock A.M.: Gail M. Hoerner and Alice L. Hoerner, Husband and Wife, subject to: 1. Mortgage to Mortgage Electronic Registration systems, Inc, nominee and Premier Bank, lender dated 7/31/2012 and recorded 8/14/2012 as Instrument # 2012- 13895; Lot 2 of Lot 2 of "BOLEYN PLACE in Dubuque Township ", in Dubuque County, Iowa, according to the recorded Plat of said Subdivision, continued through the 27 rA day of Q eafri,38K , 2012 at the hour of 8:00 o'clock A.M.: Justin T. Licht and Paula K. Licht, Husband and Wife, subject to: 1. Mortgage to American Trust & Savings Bank dated 10/12/2012 and recorded 10/18/2012 as Instrument # 2012 - 18831; 2. Mortgage to American Trust & Savings Bank dated 11/16/2012 and recorded 11/26/2012 as Instrument # 2012 - 21475; All properties are subject to taxes for FY 2011/12: paid for the 1st half, unpaid but not delinquent for the 2nd half Dated at Dubuque, Iowa in said County, this /6 day of January, 2013. - / Jeffrey A. Trannel Hughes & Trannel, PC 1154 Iowa Street Dubuque, IA 52001 (563) 557-7360 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning @ci tyof dub ugue. org Justin and Paula Licht 17349 Peru Rd Dubuque IA 52001 Dubuque beital M MjedcaCity 11111' 2012 Masterpiece on the Mississippi February 8, 2013 RE: City Council Consideration of Final Plat — Boleyn Fourth Subdivision Dear Applicant: The City Council will consider your request to plat property located at 17349 Peru Road at a public meeting on Monday, February 18, 2013. The plat is on the agenda as a Consent Item. Consent Items are placed at the beginning of the meeting and are voted on with a single motion by the City Council. Consent Items are not voted on separately unless requested by a Council member. Please attend this meeting, or send a representative to the meeting in your place to answer questions, if necessary. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Kyle L. Kritz Associate Planner cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork (Page 1 of 12) 1111101111311111111110111111 Doc ID: 007851270012 Type: GEN . Kind: SUBDIVISION PLAT Recorded: 03/26/2013 at 04:26:24 P11 Fee Amt: $62.00 Pape 1 of 12 - Dubuque County Iowa Kathy Flynn Thurlow Recorder . F1192013- 00005304 Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Farley, Iowa 52046 Ph#563- 744 -3631 FINAL PLAT BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA. A SUBDIVISION OF LOT 1 IN BOLEYN THIRD SUBDIVISION, LOT 2 OF LOT 2 IN BOLEYN PLACE IN DUBUQUE T- OWNSHIP, AND.LOT 5 OF 'BLOCK 1 IN METTEL— LARCHES ADDITION, ALL IN SECTIONS 1 AND 2, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA. vlslpN •.,e,(0 p EuBOwNSHi REC.AS: 1o0• BOLEYN ROAD (66') REC.pS: 05.1' \ G\- .SN Q REC. AS: 100' 589'05'15'E REC.AS: goo• N69'05'1514 (" 100.07' 99.88' 299.64' 105.22' \•O° G9w Na O CORNER LOT 24 = c. LOT 26 9V BOLEYN �tnl� O�,r ui HOUSE N..• LOT �o LOT 1 IN ' n- 9n • F ,$.1., °9p �\ -EXN • 1414c; wl[1 - O SECOND adk , SUBDIVISIO ¢� O THE HOUSE S LOT 27 LOT 28 uf� SUBDIVISION �., \ \ 60 1. PIPE 3/4' rep; 4 LOT iiso .1 0.0' FROM THE am:* LOT 23 Z BSUBOIVtSIDN LOT REC. AS 200' az 666 29.E \ NE CORNER LQT 1 100.02' 199.63' .p. LOT 2 -2 IN _ THE HOUSE 0.766 4:, \s° BOLEYN PLACE CORNER IS =ACRES W 969'06'05'E 299.65' r o 'o tiT,SET MAO NAI 0.2' OVER THE / LOT LINE Qom r,• ao 1n R LOT T111R0 ✓° SO \°..0 LOT 1 N89•05•47' " 'o �°n lajlytstOH ,\ `rw,.\ 19.76 ¢1 ,41 m¢n" 6, N EXISTING 10' _ °'"�• • F LOT 14 n FOUN' N~ " O EASEMENT FOR 1. MATER LINE NEC.AS: N69.04'E n [r] i' PIPE 0 / (FILE 2007- 17223) N86'04'00 -E 568.90' 460.78' v s• g 21.04' — 79.92' SOS. 12' o °N EXISTING 15' _ LOT 3 0,1\;,°' ; `OT\'� EASEMENT virn fa � .4r W LBT 2.-3.0.. 1.091 ACRES TOTAL m, �' 0 N• • (FILE 2002-16540) a-•. C om�p .O. Bev 1.052 ACRES NET �" y a9• LOT 12 601-• m • Nm " REC. As 122.06' 0 1 113.27• \ /" m - 30.85' 110.00' 122.42' —110.0 \ 90.04'_ 79.99' 1 , i S87'05'21'W 6.98' $67'05,21•W R X \ ,9''� 11.35' 110.54' N O LOT LOT 1 y LOT 9'' \ 6(4). LOT 2 -1119 i N�rj WITNESS PIN C 2.76' WEST OF \ N a= ACRES >r LOT 4 0�0(', �PQ,`` R.O.W. LINE LOT 8 LOT 7 aR• . LOT 6 ^, �� -S(,\�' \ �vv _in LOT 5 M.4 I �� OQ ¢N" 64 ' M P X60' 1 V. ~ FOUND 1 -1/4' pLpdE c S76'37'09'W BENT PIPE G z ' REPLACED W/ GIA LOT 1 1/2' REBAR w/ A REC. AS: 122.00' YELLOW CAP LOT f QG\i' 'e,\.- S88'i2'22'W 62.00' #14417 r 122.12' 98842'22'W CUT CONC. 'PO -/ �0 LOT 2 G\�3 LOT 5 LEGEND 0 LC7 2 LOT 1 LOT 3 PROPRIETORS - LOT is LOT 4 .0 KENNETH E. HELBING ANU hLAINI J. HELt11NG - o SET 1/2' REBAR w/ SURVEY DESCRIPTION: SEE SHEET 2 PROPRIETORS - LOT 2 -2 YELLOW CAP #14417 JUSTIN T. LICHT AND ■ FOUND 1/2' REBAR w/ GRAPHIC SCALE 1" =100' PAULA K. LICHT YE1 LOWCAP *14417 MAG NAIL *SET FOUND MAG NAIL — — — PROPRIETORS — LOT 5 GAIL M. HOERNER — — e • FOUND 34' PIPE A FOUND 1 -1 /4' PIPE 0 100 200 300 & ALICE L. HOERNER TOTAL AREA ACRES TOTAL -.091 ACRES ROAD 5.603 ACRES NET Q I hereby certify that this land surveying document was prepared and the related survey work wee performed by me or under my direct personal supervision end that I duly licensed Land Surveyor under the laws of a St to of 11° ZD /Z SCHNEIDER Land Surve2.694 & Planning. Inc. Fe Fax 563 - 744 -3622 SURVEY REQUESTED BY: JUSTIN T. LICHT 17349 PERU ROAD .DUBUQUE. IOWA 52001 l David P. Schne er .L.S. #14417 Date: My license renewal date is Oecember 31, 2013. Pages or sheets covered by this seal: THIS SHEET ONLY Project: 1686 Date: 6/21/8012 Sheet: f of 8 tQa File Number: 2013 - 00005304 Seq: 1 (Page 2 of 12) Sheet 2 of 8 Survey Description: BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA A subdivision of Lot 1 in Boleyn Third Subdivision, Lot 2 of Lot 2 in Boleyn Place in Dubuque Township, and Lot 5 of Block 1 in Mettel- Larches Addition, all in Sections 1 and 2, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, more particularly described as follows: Beginning at the northwest corner of Lot 1 in Boleyn Third Subdivision, Dubuque County, Iowa; thence S89 °05'15 "E, 99.88 feet to the nort - - - • . , he 02 °50'46 "E, 280.70 feet to the southeast corner said Lot 1; thence N86 °04'00 "E, 568.90 feet to the northeast corner of Lot 2 of Lot 2 in Boleyn Place in Dubuque Township, Dubuque County, Iowa; thence S30 °30'23 "E, 120.76 feet to the southeast corner of said Lot 2 of Lot 2; thence S87 °05'21 "W, 503.98 feet to the northeast corner of said Lot 5 of Block 1 in Mettel- Larches Addition, Dubuque County, Iowa; thence S10 °13'04 "E, 212.66 feet to the southeast corner of said Lot 5; thence S76 °37'09 "W, 40.17 feet; thence S88°12'22'W, 82.00 feet to the southwest corner of said Lot 5; thence N01 °44'49 "W, 216.68 feet to the northwest corner of said Lot 5; thence 887°05'2� �, -4'^ ^At^.84 feet to- the-southwest- comer- ef- said-Let-2-ef -Lett in-Boleyn- Place -in Dubuque Township, Dubuque County, Iowa; thence NO2 °47'43 "W, 95.44 feet to the northwest corner of said Lot 2 of Lot 2, also being the southwest corner of said Lot 1 in Boleyn Third Subdivision, Dubuque County, Iowa; thence NO2 °55'11 "W, 137.42 feet; thence N89°05'47'W, 19.76 feet to a southeast corner of Lot 24 in Boleyn Subdivision in Dubuque Township, Dubuque County, Iowa; thence NO2 °47'39'9, 150.05 feet to the point of beginning, containing 2.694 acres, which includes 0.091 acres of existing public road right of way. rfred- forthe purpose of reconfiguring Lot 1 in Boleyn Third Subdivision, Lot 2 of Lot 2 in Boleyn Place in Dubuque Township, and Lot 5 of Block 1 in Mettel- Larches Addition, all in Sections 1 and 2, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa. This property is 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 30 days from the date this plat is recorded. I hereby certify that this land survey document was prepared and the related survey work was a erformed by me or under my direct personal supervision and that I am a duly li nsea Land Su r under the laws of the State of Iowa. fk Day.P. Schneider P.L.S. #14417 late: My- license-renewal- dateis- Deeember 31, 2 Pages or sheets covered by this seal: This Sheet Only Schneider Land Surveying & Planning, Inc. P.O. Box 128 Farley, Iowa 52046 Job No. 1686 Phone: 563-744-3631 Fax: 563 -744 -3629 Email: daves @yousq.net Date: 5/21/2012 File Number: 2013- 00005304 Seq: 2 (Page 3 of 12) Sheet 3 of 8 OWNER'S CONSENT Dubuque, Iowa Ph!". ". Io_.J , 2012 The foregoing plat of BOLEYN FOURTH SUBDIVISION, 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. State of Iowa ) ss: County of Dubuque ) ss3in T. Licht AT.� Paula K. Licht e On this Viit day of OthTJGY- , 2012, before me, a Notary Public in and for said state, personally appeared Justin T. Licht and Paula K. Licht to me personally known, who being by me duly affirmed did say that they said Justin T. Licht and Paula K. Licht acknowledged the execution of said Instrument to be their voluntary act and deed voluntarily ex - e. Not. / Public in e State of Iowa My Commission Expires 01/0176 JOLEE M. DEMMER Commission Number 763 83 My Comm. Exp . I MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned forAmerican Trust & Savings Bank of Dubuque State of Iowa, do hereby certify that the attached Plat of Survey of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, Is made with our free consent and in accordance with our desire as lien holder and - mortgagee ofihe-premises-deseribed-herein. Bank American Trust &JSav ,Lngs Bank 2nd Senior Y.P..•. State of Iowa County of Dubuque ) ss: eleher On this 12th day of October 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared Gary .7. Kel pher and Charles W. nave a to me personally known, who being by me duly sworn, did say that they are the 9nri Spni nr v P , and Vice President respectively, of the corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of Its Board of Directors; and that Gary J. Keleher and Charles W. Davis as officers acknowledged the execution of the foregoing instrument to be the voluntarily act and deed of the corporation, by it and by them voluntarily execyted. ,,: I JOLEE M. DEMMER�I t• Commission Numb° 783 83 My Comm Exp 0 Noorry Public in the State of Iowa My Commission Expires 07/08/2013 (Page 4 of 12) Sheet 4 of 8 OWNER'S CONSENT Dubuque, Iowa 1a.6rvgry 11 r 2013 - The foregoing plat of BOLEYN FOURTH SUBDIVISION, 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. State of Iowa ) ss: County of Dubuque ) E. Helbing tp . / ✓ /zf�Yil�fr Elaine J. Helb Ken K th 2013 On this el of I"ebruo. l 2042, before me, a Notary Public In and for said state, personally appeared Kenneth E. Helbing and Elaine J. Helbing to me personally known, who being by me duly affirmed did say that they said Kenneth E. Helbing and Elaine J. Helbing acknowledged the execution of said instrument to be their voluntary act and deed voluntarily execute _addax Notary Public in thA State of lowa_, _ My Commission Expires 15S% RANDY T SCHMERBACH COMMISSION NUMBER 179476 MYCOMMI IUNN,/WIRES MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned for 0-c1.0\14 eo.e) ..cTrvrjt- of 't ,a State-of- lowardohereby sertify- that-the- attaehed-Plat- of -Suwey-of- BOLEYN- FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, is made with our free consent and in accordance with our desire as lien holder and mortgagee of the premises described herein. Bank 4--711.ltki &, ac '7v1.64— City luIntik, al5r 52c0z ViLf,cfr President lilG`2, 4 V.P. CX,21 4f/ OW State of Iowa ) Rey— ss: County of Dubuque ) On this _ day of 17R-16vv rqf 2013 before me, the,,u dersigneedd,, a Notary Public In and for said State, personally appeared 3kVa nr . $aumheva- and to me personally known, who being by me duly sworn, did say that they are the Martazj- PresNia , and C04-. Vitt Ptes01.n4 respectively, of the corporation executing the within and foregoing instrument; that the seal affixed thereto Is the seal of the corporation; that the instrument was signed and sealed on behalf of the �co oration y aythority of its Board of Directors; and that SMtisv� nA , �u,wnhouRv and as officers acknowledged the execution of the foregoing instrument to be the voluntarily act and deed of the corporation, by it and by them voluntarily executed. 10611A PBS y Commission Number 725202 r My Commission Expires Notary Public in the State of Iowa My Commission Expires lb °iw- (Page 5 of 12) OWNER'S CONSENT Dubuque, Iowa .erA?,/ /J, 2012 The foregoing plat of BOLEYN FOURTH SUBDIVISION, 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, Gail ��. Hoerner Alice L. Hoemer State of Iowa ) ) ss: County of Dubuque ) ,, J,, On this day of (-' ! , 2012, before me, a Notary Public in and for said state, personally appeared Gail M. Hoerner and Alice L. Hoerner to me personally known, who being by me duly affirmed did say that they said Gail M. Hoerner and Alice L Hoemer acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. :iii, SALLY R. CULBERTSON '. 1 Commleelon Number 760672 o/,,,-ir My Comm. Exp.111•2.20LS Notary Public I he State of Iowa My Commission Expires 71.61,r- � a otS "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's Successors and assigns. MERS is organized and existing under the law of Delaware, and has a mailing address of P.O. Box 2026, Flint MI . 48501 -2026, and /or a street address of 1901 E. Voorhees Street, Suite C, Danville, IL 61834. The MERS telephone number is (888) 679 -MERS. FOR PURPOSES OF RECORDING THIS DOCUMENT MORTGAGE, MERS IS THE MORTGAGEE OF RECORD. MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned fors nbrn n -(oar mitr tnn� ;-4s succw�' ictu.)st.t'� do hereby certify that the attached Plat of Survey of .BOLEYN FOURTH SUBDIVISION, • DUBUQUE COUNTY, IOWA, is made with our free consent and in accordance with our desire as lien holder and till a ee of the premises described herein. �P-to ic.'PCC3IS- -r vn a ctmst i� Bank OS (Y,-111 Ind- W>°i'i1itl' east. 11S ateceSYs Jick, as grts . . President (.. . Ye) State of : n vc,_ ) C.'41' di '- ichm+x\d ) ss: tc .mold ism. Wit udith Reighard Vice President On this 214 b day of 2012 before me, a undersigned, a Notary Public in and for said State, personally appeared ■■ ., . and 4■ cten to me personally known, who being by me duly sworn, did say that they are the , \(C Ca. e a:rl Q_rOr , and \Cs._ vdrt. - respectivelyrof -the corporatien tecuting to within- andJforegoing- inshvtrtent, that the seal affixed thereto is the seal of the corporation; that the i sirumegt wiaisigned qpd sealed on behalf of toe corporatipp,by authority of its Board of Directors; and that 49-1411Q J. 1 r10fl -P and KQr h a/1-3 as officers acknowledged the exectI i'on of the foregoing instrument to be the voluntarily act and deed of the corporation by it and by them voluntaril__y executed . VICKY H. SERAFIM Notary Public Commonwealth of Virginia 223869 My Commission Expires Dec 31, 2014 No Public in the'S - of Iowa My mmission Expires File Number: 2013 - 00005304 Seq: 5 (Page 6 of 12) Sheet 6 of 8 ATTORNEY'S OPINION I, a practicing attorney at law in (city) Dubuque ounty, Iowa have examined the abstract of title to the land included within BOLEYN FOURTH SUBDIVISI , DUBUQUE COUNTY, IOWA said abstract has been prepared in its entirety by the Abstract and Title Company, and was last certified to by said company on the day of 2012, at the hour of o'clock M. My examination of said be in Justin T. Licht, Paula Hoerner. Dated at 2012. ract shows good and merchantable title on the date and hour of certification to Licht, Kenneth E. Helbing, Elaine J. Helbing, Gail M. Hoerner and Alice L. Iowa in said County, this day of -11et Signature Attorney at Law '7xv Name (printed) Address P number DUBUQUE COUNTY BOARD OF HEALTH Dubuque, Iowa U —�� 2012 The forgoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, 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. , Dubuque County and of Healttr� ai on COUNTY ENGINEER Dubuque, Iowa $t I 2012 03 ref' W\ IVIh50n the Dubuque County Engineer, have received and examined the foregoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. County Engineer of Dubuque County, Iowa COUNTY TREASURER nubuque Iowa 20f4 I the undersigned, c_ni c Treasurer of Dubuque County, Iowa do. heiebyceltii�l '\tl��t atoll ll'",i, taxes and special assessments levied against BOLEYN FOURTH SUBDIVISION,'DUBUQt)ECQUI<ITY, ''�,, IOWA, have been paid and said real estate is free and clear of all taxes as of this date. `� •' . ta.' • . , cj.c County reasurer of D: ueCeyajty, lowla; File Number: 2013 - 00005304 Seq: 6 (Page 7 of 12) Sheet 7 of 8 COUNTY ASSESSOR Dubuque, Iowa The forgoi plat was reviewed in the office of the Dubuque County Assessor this �� day of i, 2012. a,t/(45( County Assessor o_i ubuque County, Iowa ,2012 Dubuque, Iowa CITY OF DUBUQUE ZONING ADVISORY COMMISSION Fr 'o. �, 2013 The foregoing plat of the BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, being within the 2 mile jurisdiction of the corporate limits of the City of Dubuque is hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended. City o uque Zoning Advisory Commission Chair CITY COUNCIL APPROVING PLAT Dubuque, Iowa Feb. 18 ,2013 The- undersigned1Vlayor and Clerk -of-the -City of- Dubuque, Dubuque - County Iowa- do- hereby-certify- thatthe- foregoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, has been filed in the Office of the Clerk of the City of Dubuque, Iowa and that by Resolution No. 42 -13 the Dubuque City Council approved said plat. State of Iowa ) ss: County of Dubuque ) On this 18th day of February , 201i before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntary executed. Ili:, I VAMC:.;4 J M,—AHRON I Commission Nu m ors 772419 No ary Public In d for the State of Iowa My Comm. Ern. g-,57216 /f-5-01,0/5— 16 My Commission xplres (Page 8 of 12) • Sheet 8 of 8 Dubuque, Iowa COUNTY PLATS OFFICER 3414 !L , 2013 I, A vw,.A wi -C)S) - , the Dubuque County Plats Officer, have received and examined the foregoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. County Plats Officer of Dubuque County, Iowa DUBUQUE COUNTY PLANNING AND ZONING Dubuque, Iowa 3/7/ 20j The forgoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA, 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 e Cou • fanning & Zoning ommission Chairpe •'n DUBUQUE COUNTY BOARD OF SUPERVISORS l}i,4rt. 2,t' 2013 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA has been filed in the office of the County Board of Supervisors and that by Resolution No. /3-071.. the Dubuque County Board of Supervisors have reviewed and approved said plat. Chairpe on Attest-73v % %Y) MA-0 0.4,-vise".., Dubuque County Auditor COUNTY AUDITOR ` D if ubuque, Iowa 'F\kOiC �In.2� - ` 2013 ca The forgoing plat was entered of record in the office of the Dubuque Co teSuditgith$ - day of M of eh , 2013. We approve of the subdivision nam90r titleto'be.re ed. =, Count A_udifor o'f CountyddWa COUNTY RECORDER Dubuque, Iowa VV 'IGI P LYI 201$ The forgoing plat has been rece ` �b�Akiet" a t'ounty Recorder this 2(044,-. day of MA eon 201; : - : e County Recorder of ubuque County, Iowa 101 I(tOol 16-40..a.41 _Y (Page 9 of 12) Y ATTORNEY'S OPINION I, Jeffrey A. Trannel, a practicing attorney at law in Dubuque, Dubuque County, Iowa have examined the abstracts of title to the land included within: BOLEYN FOURTH nc� s , OW Aaid abstracts ha. g been prep�he Abeln Abstract & title Company on the dates set forth below. ,1,r My examination of said abstracts show good and merchantable title on the date and hour of certification to be titled as follows, and : subject to the following mortgages, liens or other encum rances as e ne y owa o ' e ec ion Lot 1 of BOLEYN THIRD SUBDIVISION, Dubuque County, Iowa, according to the recorded Plat thereof, continued through the 2A.) of day of ,¢ldoxl/ , 2013 at the hour of 8:00 o'clock A.M.: Kenneth E. Helbing and Elaine J. Helbing, Hdsband and wife, subject to: 1. Mortgage to Fidelity Bank and Trust dated 10/26/2004 and recorded 11/3/2004 as Instrument # 2004 - 19408; Lot 5 of Block 1 in Mettel- Larches Addition in Sections 1 and 2, Dubuque Township, Dubuque county, Iowa, according to the recorded plat thereof, continued through the 2 NA day of 0-A "fry , 2013 at the hour of 8:00 o'clock A.M.: Gail M. Hoemer and Alice L. Hoerner, Husband and Wife, subject to: 1. Mortgage to Mortgage Electronic Registration systems, Inc, nominee and Premier Bank, lender dated 7/31/2012 and recorded 8/14/2012 as Instrument # 2012 - 13895; Lot 2 of Lot 2 of "BOLEYN PLACE in Dubuque Township", in Dubuque County, Iowa, according to the recorded Plat of said Subdivision, continued through the 27 day of d c= tEfrite , 2012 at the hour of 8 :00 o'clock A.M.: Justin T. Licht and Paula K. Licht, Husband and Wife, subject to: 1. Mortgage to American Trust & Savings Bank dated 10/12/2012 and recorded 10/18/2012 as Instrument # 2012 - 18831; 2. Mortgage to American Trust & Savings Bank dated 11/16/2012 and recorded 11/26/2012 as Instrument # 2012 - 21475; All properties are subject to taxes for FY 2011/12: paid for the 1S( half, unpaid but not delinquent for the 2nd half Dated at Dubuque, Iowa in said County, this /6 day of January, 2013. Jeffrey A. Trannel Hughes & Trannel, PC 1154 Iowa Street Dubuque, IA 52001 (563) 557-7360 File Number: 2013 - 00005304 Seq: 9 (Page 10 of 12) 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. 13'" St Telephone: 589 -4121 RESOLUTION NO. 4 2 -13 RESOLUTION APPROVING THE FINAL PLAT BOLEYN FOURTH SUBDIVISION, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk the Final Plat Boleyn Fourth Subdivision,-- Dubuqu nd Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat Boleyn Fourth Subdivision, Dubuque,. County, Iowa 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. Attest: Passed, approved and adopted this 18th day of Febru, ry 2013. Roy D. Buol, Mayor File Number: 2013 - 00005304 Seq: 10 (Page 11 of 12) STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do of the City of Dubuque, my possession or have do further state that the copy of the original. In Testimony Whereof, Iowa. hereby certify that I am the duly appointed, qualified, City Clerk Iowa, in the County aforesaid, and as such City Clerk, I have in access to the records of the proceedings of the City Council. hereto attached Resolution No. 42 -13 is a true and correct I hereunto set my hand and official seal of the City of Dubuque, Dated at Dubuque, Iowa, on this 19th day of February, 2013. • File Number: 2013 - 00005304 Seq: 11 (Page 12 of 12) RESOLUTION- /3 -,0 74, WHEREAS, there has been presented to the Dubuque County Board of Supervisors a Final Plat of Survey for BOLEYN FOURTH SUBDIVISION, a subdivision of Lot 1 in Boleyn Third Subdivision, Lot 2 -2 in Boleyn Place in Dubuque Township, and Lot 5 of Block 1 in Mettel - Larches Addition all in Sections 1 & 2, T89N, R2E of the 5th PM, Dubuque Township, Dubuque County Iowa; and WHEREAS, said plat will replat three (3) lots into three (3) new lots, namely Lot 1, Lot 2 and Lot 3 of Boleyn Fourth Subdivision in Sections 1 & 2, Dubuque Township, Dubuque County, Iowa; and WHEREAS, said fmal plat has been examined and approved by the City of Dubuque and the City of Dubuque Planning and Zoning Department; and WHEREAS, said plat has been examined by Dubuque County Planning and Zoning Commission, Dubuque County Board of Health, Dubuque County Engineer, Dubuque County Treasurer and Dubuque County Plats Officer and has their approval and endorsed thereon; and WHEREAS, said plat has been examined by the Board of Supervisors of Dubuque County, Iowa, and they find the same conforms to the statutes and other regulatory ordinances and resolutions. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Dubuque County, Iowa: 1. That the above described property is within the "R -3 ", Single Family Residential district, thus subject to all the requirements of that district. 2. That the above described plat be and is hereby approved and the Chairperson of the Board of Supervisors is authorized and directed to endorse the approval of Dubuque County, Iowa upon said plat. PASSED, ADOPTED AND APPROVED by the Dubuque County Board of Supervisors on this 25th day of March, 2013. ATTEST: )99 Mona Manternach, Deputy Dubuque-County- Auditor Eric Mantemach, Chair Board of Supervisors