Timber Hyrst Estates Final Plat
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MEMORANDUM
April 1 0, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Final Plat of Timber-Hyrst Estates
Planning Services Manager Laura Carstens is recommending approval of the final plat
of Timber-Hyrst Estates Subdivision.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/fkvl 14I1L
Mic~ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
April 1 0, 2006
TO:
FROM:
Michael C. Van Milligen, City Manager
_I,) J)
Laura Carstens, Planning Services Manager (; j:X'_.
SUBJECT: Final Plat of Timber-Hyrst Estates
INTRODUCTION
North Cascade Road Developers, LLC has submitted a final plat for Timber-Hyrst
Estates Subdivision. The City Council approved the preliminary plat for Timber-Hyrst
Estates at their December 19, 2005 meeting. The subject subdivision provides for the
platting of 30 new residential lots.
DISCUSSION
The submitted final plat provides for the construction of a new public street to be named
Creek Wood Drive as well as a new bridge over the Catfish Creek that will be dedicated
to the City for public maintenance. The roadway will be built with a 50-foot right-of-way
and 27 feet of paving. The reduced paving width was approved as part of the
preliminary plat by both the Zoning Advisory Commission and City Council. The
reduced street width was deemed to be desirable because of the large size of the lots
to be platted and the low number of vehicle trips anticipated on this roadway.
The Engineering and Water Departments have reviewed the submitted final for
compliance with storm water control, sanitary sewer and water main installation
requirements and codes. The submitted final plat improvement plans are in substantial
compliance with the City of Dubuque Subdivision Regulations.
RECOMMENDATION
Staff recommends the City Council approve the final plat of Timber-Hyrst Estates as the
submitted final is in substantial compliance with the City of Dubuque Subdivision
Regulations.
LC/mkr
cc: Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
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City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
DVariance
o Conditional Use Permit
o Appeal
o Special Exception
DLimited Setback Waiver
DRezoning
DPlanned District
DPreliminary Plat
DMinor Final Plat
DText Amendment
DSimple Site Plan
DMinor Site Plan
DMajor Site Plan
~Major Finai Plat
o Simple Subdivision
DAnnexation
o Temporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther: _
Please tvDe or Drint leaiblY in ink
Property owner(s): North Cascade Road Develooers. L.L.c.
Phone:
Address: 5070 Wolff Road City: Dubuaue
State:IA
Zip52002
Fax Number: Mobile/Cellular Number: _
Applicant/Agent: Martv McNamer Phone: 563-582-5762
Address: 5070 Wolff Road City: Dubuaue State:IA Zip:52002
Fax Number:
Mobile/Cellular Number: _
Site location/address: Manson Road
Existing zoning: R-2 Proposed zoning: N/C Historic District:
Landmark:
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision1501106002. 1502204002.
1502251001. 1502229003. 1502204003. and a Dart of 1502276001
Total property (lot) area (square feet or acres):63.9 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): Maior final Dlat and
imDrovement Dians for Timber-Hvrst Estates in the Citv of Dubuaue
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 are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner( s):
Applicant/Agent:
Date:
Date:
FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKLIST
Fee:f..:7c;:O.OO Received by: ?fI;:~. Date: -07'c:r;". Docket:
D Site/sketch plan D Conceptual Dev~"'ment Plan DPhoto D Plat
D Improvement plans D Design review project description
D Floor plan
D Other:
SUBDIVISION STAFF REPORT
Project Name:
Final Plat of Timber-Hyrst Estates
Property Owner:
North Cascade Road Developers, LLC
Applicant:
Marty McNamer
Number of Lots: 30
Acreage in R.O.W: 4.217 acres
Total Area: 64 acres
In City: Yes
In 2-Mile Area: N/A
Flood Plain: Yes
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: Agricultural
Adjacent Land Use: North - Residential
East - Residential/Agricultural
South - Residential/Agricultural
West - Agricultural
Proposed Zoning: R-2
Existing Zoning: R-2
Adjacent Zoning: North - R-1
East - AG/R-1
South - R-2/AG
West - County
Physical Characteristics: The subject property is characterized by wooded hillsides and
areas of flood plain associated with Catfish Creek.
Proposed Phasing: None.
Previous Conditions of Zoning or Plats: None.
Dedication of Open Space or Public Amenities: None.
Proposed Streets and Grades: Street A - .75% to 12%.
Recommended Motion: Motion to approve the tinal plat of Timber-Hyrst Estates as it is
in substantial compliance with City of Dubuque Subdivision Regulations, subject to
waiving City public street standards to allow 27 -foot wide street within a 50-foot right-of-
way.
Conformance with Comprehensive Plan: The 2002 Comprehensive Plan designates
this area as a mixture of open space and rural residential development. This
preliminary plat involves the Comprehensive Plan's Land Use Element: Goal 1.2, 1.5,
4.1,4.4, and 7.2.
Subdivision Staff Report - Final Plat of Timber-Hyrst Estates
Page 2
Impact of Request on:
Utilities: Existing utilities can be extended to serve the subject property.
Traffic Patterns: Manson Road provides access to the site. A portion of the
roadway and a new bridge was reconstructed in 2002. The roadway is classified
as a residential street with 27 feet of paving. The proposed new roadway will serve
30 lots generating approximately 300 average daily trips, if all lots are developed
with single-family homes.
Public Services: Existing public services are adequate to serve the site.
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 primarily impacted through
additional vehicle trips on Manson Road once the subject property is developed
with new residences.
CIP Investments: None proposed.
Recommended Conditions on Plat: None.
Staff Analysis: The final plat of Timber-Hyrst Estates subdivides approximately 64
acres of property off Manson Road into 30 building lots. The subject property is zoned
R-2 Two-Family Residential District and was rezoned in October 2005. The property is
located between Manson and Miller Roads with the proposed public street connecting
with Manson Road. The City Council approved the preliminary plat of Timber-Hyrst
Estates at the December 19, 2005 City Council meeting.
The subject property is located between two branches of the Catfish Creek. The
property will be accessed from Manson Road with a new bridge and roadway
constructed through a portion of the Catfish Creek flood plain. Attached to this staff
report is Exhibit A which illustrates the amount of flood plain in the subject area. No
portion of the proposed 30 building lots, however, is located within the flood plain areas.
There are four out lots designated on the final plat as non-buildable that are within the
flood plain areas of the Catfish Creek. The developer has been working with the Iowa
Department of Natural Resources (IDNR) on the bridge design to span within the flood
plain area. The design must not increase flood heights upstream of this development.
The Department of Natural Resources, Corps of Engineers and City of Dubuque
approvals have been obtained for the section of roadway and the new bridge within the
floodplain area.
Subdivision Staff Report - Final Plat of Timber-Hyrst Estates
Page 3
Manson Road currently provides access to nine single-family homes and the Twin T
Mobile Home Park. There are approximately 40 mobile homes in the park. Manson
Road is classified as a residential street. A new bridge and approximately 2,000 feet of
Manson Road was reconstructed in 2002. Manson Road is built to a 27-foot wide
paving width and no parking restrictions along the street. No traffic counts are available
for Manson Road. However, Planning staff would estimate that based on nine single-
family homes and 40 mobile homes, that approximately 278 average daily trips
currently utilize Manson Road. The proposed subdivision, as platted, would effectively
double that number to approximately 578 daily vehicle trips.
The applicant is requesting that the City street standard of 31-foot of paving for a
residential street be waived to allow a 27-foot street. The Zoning Advisory Commission
and City Council agreed to allow a 27 -foot wide street as part of the review and
approval of the preliminary plat. The roadway still would be built within the standard 50-
foot right-of-way thus providing a seven-foot parkway between the back of curb and
four-foot sidewalk rather than the five-foot parkway typical in new residential
subdivisions with 31-foot streets. As part of the request, the applicant indicated that
parking could be restricted to one side of the street to maintain two thru-Ianes of travel.
Typically, 31-foot residential streets allow parking on both sides and when there is a
high demand for on-street parking, there are not two thru-Ianes available. The
applicant believes that there will be adequate parking provided off the street because of
the large building lots, and that the reduced street width will provide a more
aesthetically pleasing streetscape with the wider parkways.
Planning staff does not object to the 27-foot wide paving width provided that parking is
restricted to one side only. In addition, the existing Manson Road is paved to a 27-foot
width with a 40-foot right-of-way. The Fire Marshal has also reviewed the proposed
paving width of 27 -foot and does not object to the reduced width provided that parking
is restricted to one side only.
The City of Dubuque has had a policy of looking for a secondary access when a street
exceeds 1 ,200 feet in length or serves more than 30-40 dwelling units. The proposed
public street will be 3,600 feet in length. If the existing Manson Road is factored in,
there would be a total length of 4,900 feet to a cross street (Old Mill Road). The
applicant is also pursuing annexation and a future residential development that would,
in the future, allow a secondary emergency access to North Cascade Road.
The submitted final plat of Timber-Hyrst Estates is in all other respects compliant with
the City of Dubuque Subdivision Regulations and Planning staff would recommend the
City Council approve the final plat as submitted.
Prepared by:
Reviewed:
Date:
'1 NM et
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Vicinity map
Applicant: Marty McNamer/North
Cascade Road Developers, LLC
Location: West End of Manson
Road
Description: Final Plat of Timber-
Hyrst Estates
Proposed Area to be Platted
PREPARED BY.
ItW ENGINEERS &c SUR~YORS P.C.
4'~5 PENNSYLVANIA AVE:.
DUBUOUE. IOWA.
563.SS6.2464
FINAL PLAT
TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: BLOCK 2, DOMINIC PLACE, LOT 1 AND LOT 2 OF MINERAL LOT 497,
LOT 2-2-4 OF MINERAL LOT 501 AND LOT 2 OF SUTTON PLACE
ALL IN THE CITY OF DUBUQUE, IOWA
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TOTAL AREA SURVEYED: 63.884 ACRES
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PREPARED BY:
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4155 PENNSYLVANIA AVE,
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FINAL PLAT
TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: BLOCK 2 OF DOMINIC PLACE, LOT 1 AND LOT 2 OF MINERAL LOT 497,
PART OF LOT 2-2-4 OF MINERAL LOT 501, AND LOT 2 OF SUTTON PLACE,
ALL IN THE CITY OF DUBUQUE, IOWA
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PLA T BOUNOARY
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TOTAL AREA SURVEYED: 64.315 ACRES
SURVEYED FOR: NORTH CASCADE ROAD DEVELOPERS, LLC
PROPRIETOR: NORTH CASCADE ROAD DEVELOPERS, LLC
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I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE or IOWA.
DATE OF SURVEY: MAY 2006
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LICENSE NO, 12631 MY LICENSE RENEWAL DATE IS 12/31/2006
PAGES OR SHEETS COVERED BY THIS SEAL J -n.U2:Lt'l
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4155 Pennsylvania Ave. Dubuque, IA 52002
563.556.2464
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GRAPHIC SCALE
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I I
(IN FEET)
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om
10"",
IlW ENGINEERS &
SURVEYORS, r.c.
Illinois. Wisconsin
41!5!5 Psnnsylvo"ICl A~s. Dubuque. 1,0. !52002
!5l!3.556.2464
H"ot..G,e"n,WI
DRAWN SAF PLAT NO. 45-IA-06
CHECKED JMT PROJ. NO. 05066-06
DATE 03-17-06 SHEET 4 of 7
P:\05\066\066-03\OS066-03\dwg\05066-06F
PRPA
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41 P NNS VANIA A
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FINAL PLAT: TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE. IOWA
LOT 1 IN PAINTED I 2'....'" /'O:-.-!~ ~
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61
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....,. -. ...,. 0 "/ S54'41'2~"E -- {'y L::::. =15412'41- /" _0"'-
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o 0 EASEMENT .'v/ / (NON-BUILDABLE)
. ~ N84'01'4'''W ...,0 0
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ITI7'n llW ENGINEERS &
~ SURVEYORS,P_C.
I"..... Illinois. Wisconsin
4155 f>"'n.~V<l"ja ...~.. Dubuque. IA 52002
56.3.556.2464
HazonGc.......WI
DRAWN SAF PLAT NO. 45 fA 06
CHECKED JMT PROJ. NO. 05066-06
DATE 03-17-06 SHEET 5 of 7
P: \05\066\066 03\05066-03\dwg\05066 06f
PR""PARDBY
IIW NGIN ""flS SURVEYORS P
FINAL PLAT: TIMBER-HYRST EST A TES IN THE CITY OF DUBUQUE. IOWA
\~\
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LOT 1 SMOTHERS PLACE
/
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LOT 1-2-1-1-1-1-1-1-2-1-4
l.llNERAL LOT 501
/
/
/
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CURVE DELTA LENGTH RADIUS CHORD BEARING CHORD
0-1 62'23'09M 125.22 115.00 N 58"48'26ff W 119,12
0-2 62"23'09" 179.66 165.00 N 58'48'26" W 170.91
0-3 16'32'33M 50.53 175.00 S 81'43'44" W 50.35
0-4 16']2'33" 64.96 225.00 S 81'43'44" W 64.74
0-5 57"43'00" 125.92 125.00 S 44'35'57" w 120.66
0-6 57"43'00" 176,29 175,00 S 44'35'57" W 168,93
0-7 41'13'35" 125,92 175.00 S 52'50'39" W 123.22
0-8 16'29'25" 50.37 175.00 S 23'59'lOM W 50.19
0-9 128'52'46" 326,16 145,00 S 80"10'50" W 261.62
C-lO 128"52'46" 438,63 195.00 S 80"10'50" W 351.83
C-ll 54"10'34" 184.38 195.00 S 42'49'44" W 177,59
C-12 32"17'26" 109,90 195,00 S 84'48'41" W 108.45
C-13 14"44'12" 50.15 195.00 N 71"40'30. W 50.02
C~14 28"55'37" 98.45 195.00 N 49'50'36" W 97.41
C-15 122'05'23" 330.28 155.00 S 83"34'37M W 271.24
C-16 122"05'23" 436.82 205.00 S 83"34'37" W 358.74
C-17 32'05'48" 114.84 205.00 N 51"25'36M W 113.34
C-18 45'49'04" 163,93 205,00 S 89"36'58" W 159.60
C-19 44'10'31" 158.05 205,00 S 44"37'10" W 154.17
C-20 39"31'45" 86.24 125,00 S 42"17'48" W 84,54
C-21 39'31'45" 120.74 175,00 S 4217'48" W 118,36
C-22 21'01'26" 64,21 175,00 S 33"02'38" W 63,85
C-23 18"30'19" 56.52 175.00 S 52"48'31" W 56,28
C-24 27"18'13" 226.35 475,00 S 48'24'34" W 224.22
C-25 27"18'13" 250.18 525.00 S 48'24'34" W 247.82
C-26 06'09'50" 56.48 525.00 S 58'58'45" W 56.45
C-27 17"07'48" 156.96 525.00 S 47"19'56" W 156,38
C-28 04"00'34" 36.74 525.00 S 36'45'45" W 36.73
C-29 22"53'10" 189.73 475,00 S 50'37'05" W 188.47
C-30 04'25'02" 36.62 475.00 S 36'57'59" W 36,61
C-31 06"40'19" 78.60 675.00 S 31'2S'18ff W 78,56 o:m lIW ENGINEERS &
C~32 06'40'19" 84.43 72S.00 S 31'25'18" W 84.38 SURVEYORS, P.C
C-33 47"44'26" 395.78 475,00 S 51"57'21" W 384.43 IDwD, Illinois. WlseDn.ln
C-34 48"S8'53M 448.81 525.00 S 52"]4'35" W 435,27 4155 P..,n.Y'vanla A...... Dubuqu... IA 52002
C-35 03"38'51" 33.42 525.00 S 29'54'34" W 33.42 56:3.556.2464
C-36 17"37'37" 161.52 525,00 S 40'32'48" W 160.88 Haul Go...n. WI
C-37 05'27'32" 50.02 525,00 S 52'05'23" W 50.00 DRAWN SAF PLAT NO. 45 IA 06
C-38 22'14'53" 203.86 525.00 S 65'56'35" W 202,58 CHECKEO JMT PROJ. NO. 05066 06
C-39 21"35'57" 179.06 475,00 5 38"53'07" W 178.01 DATE 03 n 06 SHEET 60f 7
C 40 26"08'28" 21672 475,00 S 62'45'20" W 214.84
P: \05\066\066 03\05066 03\dwg\05066 06F
Page 2 of2
SURVEYOR'S CERTIFICATE
I, John M. Tramner, 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:
Block 2 of Dominic Place. LotI and Lot 2 of Mineral Lot 497, Part of Lot 2-2-4 of Mineral Lot 501, and
Lot 2 of SUItOll Place, all ill the City of Dubuque, Iowa.
This survey was perfonned for the purpose of subdividing and platting said real estate henceforth to be
known as Timber-Hyrst Estates ill the City of Dubuque, Iowa.
Containing 64.315 acres, more or less, and subject to easements, reservations, restrictions, and rights-of-
way of record and not of record, the plat of which is attached hereto and made a part of this certificate.
OWNER'S CONSENT
Dubuque, Iowa
April j 7.. ' 2006
The foregoing plat of Timber-Hyrst Estates 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.
NORTH CASCADE ROAD DEVELOPERS, L.L.C.
BY~ C' ~-' .---,
Martin J. McNamer, Secretary
1. ~ --::> ___
ByJ"-....
Martin J. McNamer, Treasurer
State ofIowa )
) ss:
County of Dubuque )
On this f 1 "!!::I- day of April, 2006, before me, the undersigned, a Notary Public in and for
the State ofIowa, personally appeared Martin J. McNamer to me personally known, who being by
me duly sworn, did say that he is the Secretary and Treasurer, respectively, of said limited liability
company executing the within and foregoing instrument; that the instrument was signed on behalf
of said limited liability company by authority of its members; and the said Martin J. McNamer
acknowledged the execution of said instrument to be the voluntary act and deed of said limited
liability company, by it and by him voluntarily executed.
Notary Pu ic
In and for the State of Iowa
My Commission Expire
GARY K. NORB'I'
ber208491
MY COMMISSION EXPIRES
SEPTEMBER 15 200B
ATTORNEY'S OPINION
Dubuque, Iowa
April I 7 ,2006
TO WHOM IT MAY CONCERN:
This will certify that I have examined the abstract of title covering Block 2 of Dominic Place, Lot
I and Lot 2 of Mineral Lot 497, Part of Lot 2-2-4 of Mineral Lot SOl, and Lot 2 of Sutton Place, all
in the City of Dubuque, Iowa, according to the plats thereof covering the period from government
entry to (:J(H- \ I (/ -' ;;:00 C. eg.' O.J"'da?fified on that date by Abeln Abstract & Title Company,
and find that said abstract shows good and mere antable title to said real estate to be in
,:Jy VI 5 Vi L. 1- ,C!.,.
free and clear of all liens and encumbrances and shows taxes paid including taxes for the year
~004-;;(ooS
COUNTY TREASURER
Dubuque, Iowa
,20_
I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes
levied against Block 2 of Dominic Place, Lot I and Lot 2 of Mineral Lot 497, Part of Lot 2-2-4 of Mineral
Lot 501, and Lot 2 of Sntton Place, all in the City of Dubuque, Iowa, have been paid and said real estate is
free and clear of all taxes as of this date.
Eric Stiennan
Dubuque County Treasurer
PLANNING SERVICES
Dubuque, Iowa
,20_
The foregoing plat of Timber-Hyrst Estates in the City of Dubuque, Iowa, or within the two mile
jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been
reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the
City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written
above.
Planning Services Division
City of Dubuque, Iowa
City Plamler - Laura Carstens
CITY COUNCIL
Dubuque, Iowa
</~;?
I
, 20Q"?
The undersigned, Mayor and Clerk of the City of Dnbuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by
Resolution No. /'" /'-CJt/ the Dubuque City Council a roved said plat.
01
f the City of Dubuque
eatme F. Schneider
Clerk ofthe City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa
,20_
The foregoing plat was entered of record in the oflice of the Dubuque County Auditor this
day of ,20_.
Denise M. Dolan
Dubuque County Auditor
CITY ASSESSOR
Dubuque, Iowa
,20_
The foregoing plat was entered of record in the oflice of the Dubuque City Assessor this
day of ,20_
Richard A. Engelken
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, Iowa
,20_
The foregoing plat of Timber-Hyrst Estates in the City of Dubuque, Iowa, has been reviewed by the
Dubuque Connty Recorder.
Kathy Flynn Thurlow
Dubuque County Recorder
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13'" Sl Telephone: 589-4121
RESOLUTION NO. 167-06
A RESOLUTION APPROVING FINAL PLAT OF TIMBER-HYRST ESTATES IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Timber-Hyrst
Estates in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Creek Wood Drive,
together with certain public utility, storm sewer, sanitary sewer, water mains and
maintenance, easements and right-of-way access (Lot M), which the owners by said
final plat have 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 2 and 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 Creek Wood Drive (Lot A) together with the
easements for public utilities, sanitary sewer, storm sewer, water mains and
maintenance, as they appear upon said final plat, be and the same are hereby
accepted; and
Section 2. That the Final Plat of Timber-Hyrst Estates 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 Creek Wood Drive (Lot A) 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 construct a 156'6" long, 3D-foot wide bridge over Catfish Creek in conformance
with construction improvement plans approved by the City Engineer and
inspected by the City Engineer.
(c) To install sanitary sewer mains and sewer service laterals into each individual lot,
water mains and water service laterals into each individual lot, storm sewers and
catch basins, boulevard street lighting and erosion control devices all in
accordance with the City of Dubuque standard specifications, all in a manner
acceptable to the City Engineer, and in accordance with construction
improvement plans approved by the City Engineer, and inspected by the City
Engineer.
(d) To construct said improvements, prior to two (2) years from the date of
acceptance of this resolution, at the sole expense of the owners, or future owner;
(e) To maintain the public improvements, for a period of two (2) years from the date
of the acceptance of those improvements by the City of Dubuque, Iowa, at the
sole expense of the owners, or future owner;
And, further provided that said North Cascade Road Developers, 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 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.
2
Section 4. 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 5. That in the event North Cascade Road Developers, 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 17th day of April, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Jeanne F. Schneider, City Clerk
3
ACCEPTANCE OF RESOLUTION NO. 167 -06
I, Marty McNamer, representing North Cascade Road Developers, LLC, the
undersigned, having read the terms and conditions of the Resolution No.167 -06 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this (~day of
~
2006.
By ~.- ~ /------
Ma McNamer
1062
NORTH CASCADE ROAD DEVELOPERS LLC
5070 WOLFF RD.
DUBUQUE, IA 52002
45-22661739
PAY
TO THE
ORDER OF
DATE
May 15. 2006
Citv Ot! Dubuaue
$ 38,076.00
Thirty eight thousand seventy six dollars and no cents
A __
DOLLARS L!J =''''.....
PREMIER BANK
11'00 ~ob 211' 1:073'12 2b 521:
_~c !
'10 ~Ol,a'JI,II'
..
-------
FOR
Dubuque, Iowa 52004-0420
Inspection Fee
WEST SIDE
1975 JFK Road
Dubuque, Iowa 52002
563.588.1000
Fox 563.588.3352
DOWNTOWN
9th & Iowa Streets
Dubuque, Iowa 52001
563.588.1000
Fax 563.690.0070
IRREVOCABLE LETTER OF CREDIT
ASBURY PLAZA
2625 NW Arterial
Dubuque, IA 52002
563.588.1000
Fax 563.588.0383
MAY 15,2006
CITY OF DUBUQUE
ATTENTION: CITY CLERK
50 WEST 13TH STREET
DUBUQUE, IA 52001
Re: North Cascade Road Developers, L.L.C.lTimber-Hyrst Estates
Letter of Credit #1050
Amount: $1,396,130.45
To Whom It May Concern:
We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque,
Iowa, for the account of North Cascade Road Developers, L.L.C for a sum not to exceed
$1,396,130.45 effective immediately and expiring at the close of business on May 15,
2007.
Funds under this Letter of Credit are available to you by your sight draft on Premier
Bank, 1975 John F. Kennedy Rd., Dubuque, IA 52002 by submitting a sworn statement
that the City has not accepted all the public improvements required under Resolution No.
167-06 for Timber-Hyrst Estates and I or said improvements have not been maintained
for the two-year maintenance period following City acceptance.
Your draft shall contain the clause "drawn under Premier Bank, Letter of Credit #1050,
dated May 15, 2006." This original Letter of Credit must accompany any draft that
exhausts the credit and must be surrendered concurrently with the payment of such draft.
We hereby engage with drawers, endorsers, and bona fide holders of drafts, under and in
compliance with the terms ofthis Letter of Credit, that the same shall be duly honored
upon presentation and delivery of the documents specified to Premier Bank.
It is a condition ofthis Letter of Credit that it shall be deemed automatically renewed,
without amendment, for a one-year period from the expiration date set forth above, and
upon each subsequent anniversary of such date, unless at least sixty (60) days prior to
Expect the Best.
such date, we notify both you and our client in writing by registered mail that we elect
not to so renew this Letter of Credit.
Notwithstanding the foregoing, this Letter of Credit shall terminate two years after the
date of a resolution adopted by the City Council of the City of Dubuque accepting the
public improvement.
This Letter of Credit is subject to the Uniform Customs and Practices for Documentary
Credits (1993 revision, International Chamber of Commerce, Publication #500)
Dated this 15th day of May, 2006
Premier Banle
J)l-/;J ~
Mathew L. Langenberg, Vice President
Agreed to and authorized to issue:
North Cascade Road Developers, L.L.C:
By:
~ S 2-----
Martin J. McNamer, Member