Loading...
Timber Hyrst Estates Final Plat Dii~~E ~<k~ 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 Dii~~E ~~~ 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 5U~~E ~ck~ 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 avoix:;," "(4e4 rHs CITY oe DUB E 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 %" I ,^-, I : '" "~,, : ---r" "t/ ", ":0....----<-"- " :5..... ,--" ' ...J-/ ,-, II /', " ',- -" -" ,/ , ~" \ .' " ",/.',t"" \' \ ,- " -_/' ,--'\,..-,---, ; \ , Y " n~_-_--____ ' ,-<::" I -- "~, I -, -:'--... /. ./-",i.!,-~, ':,~ 'I ,~--' ~ ~ /' \, \, ,/ \ i " /' \ " , ,// \__-.Uj -----------~ ! ! ! ! -_/- ./ SEE SHEET 4-}-" u.= ------- PLAT BOUNDARY FOUND 5/8~ IRON ROD W! PLASTIC CAP NO. AS NOTED FOUND 1" IRON PIPE UNLESS NOTED SET 5/8" IRON ROD W! PLASTIC CAP NO. 12631 PUE PUBLIC UTILITY EASEMENT (. ) RECORD INFORMATION R.O.W. RIGHT-OF-WAY CENTER LINE z. -........." /""----' , ,~ / /' " " ( "- /, ", i i' , " ,\ ,~ ~ T-----~' ,/,/ i \ ./ , " ' i I, -----___: , , ----J ,) ; -,-.-I -----::::::::::: ~,---- . . o ~ NORTH GRAPHIC SCALE 400 800 I o I ~ 1" = 400' DRAWING MAY HAVE BEEN REDUCED IIQll: THIS SURVEY IS SUBJECT TO EASEMENTS RESERVATIONS, RESTRICTIONS AND RIGHTS-OF -WAY OF RECORD AND NOT OF RECORD. TOTAL AREA SURVEYED: 63.884 ACRES SURVEYED FOR: NORTH CASCADE ROAD DEVELOPERS, LLC PROPRIETOR: NORTH CASCADE ROAD DEVELOPERS. LLC \\",,,''''''''',,,,,, """" \,?,,~,~ ',...""" j"....,','" "'",..'~ f .' JOHN M. -,~ l ~:;:;~,~,~~~~:::5} """ LANll I"~"~ """""",,,,,, I HEREBY C<:~T1fY m"T 1HtS lAND SURVEYlNC O\?CtJM!NT WAS PREP...nED ANDlHERELAlmSUR\lEY'/IIORK W,",SPERfH BYWE OIl UNOER MY OtRECTPERsaN"l.SUPERYlSI.~..~...O.....T1;j,/l~ rDUlYLICENSEDL.o.ND SUR~ UNDER TliE "",WS.Of~llle:~i.\"(\" . WA. ~ fOR ~W ENGj.NEERS.f:~~~:i~ " ~~~t;",\f'J "",\l"I",,~,,P ""\" 'I-;#'~"j};' (~n\"iJ JOHN w.TRANt.lER .t:.Q"t\V OAT'C: UCENSE:NO_l~\'LYUCENSERENEWAlOATEIS12/31/2l1()5 P"GESOOSHaTSCO>;EREOBYJ1..lISSEA.L DA TE OF, SURVEY: FEBRUARY 2006 rTI772 IlW ENG!NEERS & ~ SURVEYORS,P.C. l....Q. Illinois. Wt."On,.ln "'1SS P.nnBylvonlc Ave. Dubuque. I... 52002 SIU.~56.2464 Haz..'G,een,W1 DRAWN SAF PLAT NO. 45-IA-06 CHECKED JMT PROJ, NO. 05066-06 DATE 03-17-06 SHEET 1 of 7 P: \05\066 \066-03\05066-03\DWG\05066-05F " PREPARED BY: IIW ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE, DUBUQuE, IOWA, 563.556.2464 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 /' -. r-'__ . \ -- / /-,~/\... ':,~ "'1 \ ~, I : , .~ "- : "j , " -<__----1' . . ,.- "'-'~"" Y" ..~ , " ,,-- --\- ,..... , \ ...~ '~"-- :.-t--- \' \ ,-- ........- , ,~ '...-' , y.......:' --~---------' . /' /,''- ,;?' \ \ .. , , /' . ......- - - ... '\ ''--- .' ./ \ --.' \ ,-1 .~/ . , , I , , ._-----------1 I I : SHEET 5-7 I ,,/' SEE SHEET 4-y-/ . I , , -- ... .- ,,~I I "y" ... ~ .. ., .- \. ,''1. l I ..~Z'.. '~ I .' , .' / "" "II. , ... V' , ..>.- Y. ",'" ... ---~ .- SEE SHEET 2- 7 --~ .....-------- ./ .,/' ....-.... ----- --,' ~=:-....--.... / , LEGEND I PLA T BOUNOARY FOUND 1/2" IRON ROD Wi PLASTIC CAP NO. 14417 FOUND 1" IRON PIPE UNLESS NOTED SET 5/8" IRON ROD Wi PLASTIC CAP NO. 12631 PUE PUBLIC UTILITY EASEMENT WME WATER MAIN EASEMENT ( ) RECORD INFORMATION R.O.W. RIGHT-OF-WAY CENTER LINE EXISTING ,,~ (' ""-" : "- I ~ . '-, , , \ /~ , ............: ,------\------:7"' I \ . /" \. 'f------ i \ . ------. ...... ...... ..... -~------ . . o ~ NORTH GRAPHIC SCALE 0 400 800 I ! I 1" = 400' DRAWING MAY HAVE BEEN REDUCED Ii EX tmIE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVA TIONS, RESTRICTIONS AND RIGHTS-OF - WA Y OF RECORD AND NOT OF RECORD. TOTAL AREA SURVEYED: 64.315 ACRES SURVEYED FOR: NORTH CASCADE ROAD DEVELOPERS, LLC PROPRIETOR: NORTH CASCADE ROAD DEVELOPERS, LLC ,\\\\\\1111111111/1/1/ ,,\\ \ 0 W..q III" -.."..., ""'"''1''' //'", ~*"" "'.*<:; g ____ JOHN M "~ S :: - . .. - ~ ~ ~ TRANMER ~ '" ~ _ _ - 0_ ;; ,,~. LS 12631 ,: ).. ;; ~("'~~ ~~lq~ ~ 1-- "" ",~ ~ f ~,..J'(' "",,,,,,,,- \:)q. ,,'" """ 0 S ", """'" LAN 0 \\\\' 1111/lIl111\lI\\\\ 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 IT'I771 IIW ENGINEERS & ~ SURVEYORS, P.C. F/1,J,GINEER;(U~:P: /' 5 h 106 J~ ~R~~ -;- r- I IlATE LICENSE NO, 12631 MY LICENSE RENEWAL DATE IS 12/31/2006 PAGES OR SHEETS COVERED BY THIS SEAL J -n.U2:Lt'l Iowa, Illinois. Wisconsin 4155 Pennsylvania Ave. Dubuque, IA 52002 563.556.2464 Hazel Green, WI DRAWN CHECKED DATE SAF JMT 5-9-06 PLAT NO. 45-IA-06 PROJ. NO. 05066-06 SHEET 1 of 7 D. \ nl;.\ n~~\ n~~_n-:t\ nl::;.n~~ n'Z.\ i'\1A/("'\ nl:;,n~~ n~~ PREPAR 8'1' IIW E ,INE" '0 & SUR YORS P.C 41~ PENNS VANIA A " , "^ 563.556.464 FINAL PLAT: TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE, IOWA ..; u <~ ~r ~" z ~~ we ~u < ZZ 0- ~o ,w ~" w< zu ue ~~ aJe; z~ :a::s MATCH ,,-" ~ (6'.> LOT 8 ,6'~. 0.976 AC. LOT 18 0.884 AC. " gci ~z 0" < "~ ~~ o z " < ~ ~ ..; u < ~ ~ Dol Dol. 'Ok + ,"':)..,k <:: / LOT 14 0.557 AC. o '" ~ ~ '" '" "''' 4J'@ ~ Z ~ "!. 'fa N3 .. "- ~ z ~ "- in oj g ~ \ ___39.00' oc' <, ~~ ~ .iN "- . _u ww Z~ LOT E 4.833 AC. (NON-BUilDABLE) S 87'22'49" W 826.48' MINERAL LOT 488 / / / ~""- NORTH / - o I GRAPHIC SCALE 100 200 I I - ~ /SEWER LATERAL . . ~3, 7/;<- ~~S~ENT , 6.4'~, ,~~ ,/ /' IT'I'77".I nw ENGlNEERS & WUII SURVEYORS, P.C. 1010'0. Ininol.. WI.conal<> 415~ "'''"''.)'1''''''10 Ave. DUbu""u". IA 52002 5El.J.5i56.2464 Hoz..IGr....n.WI (IN FEET) DRAWING MAY HAVE BEEN REDUCED DETAIL: NO SCALE DRAWN SAF PLAT NO. 45 IA-06 CHECKED JMT PROJ. NO.05066 06 DATE 03-17-06 SHEET 2 of 7 P: \05\066\066 03\05066 0.3\dwg\05066 06F PRPA DElI' IIW NGIN ERS & R YR P 41 P NSY VANIA A IOWA 56. ." ~ FINAL PLAT: TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE, IOWA , ./ ./ ' ----- / // / '/ ~/ 1/ II ! LOT 2-2 & LOT 2-1-1-2. ML 499 BLOCK 1, DOMINIC PLACE - S B .. 8-r.i,'24." E . 2'30'47" E " - 251.30'..... _ '9B.52' / I 1 LOT D 1.792 AG. (NON-BUILDABLE) c' 1-<>"}' ~c~ .- ~'-' o~",,'\ "!J'O'6J;?-- - o . 'll;:'--- ,. o'6g'Q\- - Sy- / 'l." 'O'l-'"" 'l'/ ..tV .~o/ ~\~ ,,/ PT OF LOT 1 IN HENSCHEL-McNAMER 'PLACE. PLAT NO.2 (OTI-lER LOCATED IN COUNTY) LOT 24 1.006 AG. \ z '" 0.... 1.0. "...1 00 o ' .-; "'. ~<i !tJ'O. . "j \\' <t SANITARY ~ SEWER EASEMENT '., S15'42'22"E , . , 254.99. ,0' ',0' . LOT 20 \'. 2.328 AG. \ ,0" 0' . v o"\f<-~~'-' "~\"'" "1- \~ '" LOT 21 \~ 1.420 AC. \"" .. '''' 0>, \ \ ~"1-~, ~, ,., ,0. ,-% 'S- '0 .0. \ , ....1- ~>. <6" OS- ..../y .... ~'. .... .... LOT 23 1.332 AG. LOT 22 1.784 AG. o .... "'~, ~1,J S,......... ..10" ... / Q. -<l ~ LOT 5 1.033 AG. "'- LOT 19 .? 1-.362 AC. 1- .......8,"S. .....~S,.. "'-Z ~O'tS,. LOT 18 0.884 AC. h ':! 1- LOT 17 0.706 AG. 1- Ss MATCH UNE SEE LOT 9 0.B17 AC. LOT 2A MINERAL LOT 497 SHEET 2 OF 7 ~ NORTH GRAPHIC SCALE o lOa 200 I I I'TI771 nw ENGINEERS & uu. SURVEYORS, P.c. lowo, hlnol., Wisconsin 4155 P.""s)'lVOf>lo ......... DubullU.. I" 52002 56J.556.2464 "'oul Gr..en, WI (IN FEET) DRAWING MAY HAVE BEEN REDUCED DRAWN $AF PLAT NO. 45 IA-06 CHECKED JMT PROJ. NO.05066 06 DATE 03-17-06 SHEET 3 of 7 P: \05\066\066 03\05066 03\dwg\05066 06F PRPAR BY IIW GI R UI'l YORSP,C 41 P N VNI...... '" , "^ 56.464 FINAL PLAT: TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE, '\ IOWA N 6311'H" E 196.52' LOT 2-1-2, MINERAL LOT 499 \ , , 3LOCK I, DOMINIC PLACE <fl o -'" ~~ '" - ",," -"'. \ \ \ '''' S 06-25'07" E ~ , " 10.92 , , LOT 1-1-1-; MINERAL LOT "" LOT 2-1-1-1-1-1-1-1-1 MINERAL LOT 499 :;~ ')." '0'2-.".... 'l'/ ,/ LOT 24 1.006 AC. " U ~ '" '" " "- o '" ~ "' "' " '" "' "' '" "' z ::J " 'U ,"j ~ .:? ::!: LOT 5 1.033 AC, .J .{' . " ,,'" "5 LOT 29 ~. Go) 5.542 AC. I.or 1 SUlTON PI.A,CE: -- - :1' \~'O.'O..... -'. il i ~\", S 1Q~::Oo.'Og / ... ... / ... 0\ .-., J' ",0 S--?, '\ /"q~;' <' li 20' 'NIDE SANITARY)":" \' SEWER EASEMENT . \ DETAIL: NO SCALE ... r I I I ~ NORTH GRAPHIC SCALE o 100 200 I I (IN FEET) DRAWING MAY HAVE BEEN REDUCED 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 '1'. IIW IN "RS '" <; R '1'0 S P 41 P NNS VANIA A UElU U I WA 563.556.464 FINAL PLAT: TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE. IOWA LOT 1 IN PAINTED I 2'....'" /'O:-.-!~ ~ VALLEY L ,....' ";-...1/ .......-..... ............... / ....'....'~99 Sit c{-...I ....... ....... .--'....'].,,0.... ~__ OJ;{ ..... - - /'].'--\.'\l.I'-" --.....,~ / ~\~ N0217'41"W - - - 36.48' ~ ./ o -... ~(..l Ui~ -".Ole N .... ;.., :::.01. "''N . ~ No '" - , ~ --' ./ ./ / '- S 86'42'39" E .- 121.31' (121.24') S "', 76"8' 0 , 19" 119_8<' C LEGFNO r:0:::::::::::::::::::::J PERMANENT MAINTENANCE L............3 EASEMENT ~ ;; DETAIL: NO SCALE g J'..;. ,., <S. :-- \~v'~' Cii 'fp.fp~ g ~ ,., c~ .,' ,0" ",,' 0< ,^ cO ,0 " \ w LOT B 8.621 AC. (NON-BUILDABLE) .... "- o '" 0- W W :I; Ul W W Ul W z :J ~-1-1-1-1-1-1-1-1 'AlLOT 499 ,", }Q;:., UJ Ii 20' WIDE STORM fO Ol ~ SEWER EASEMENT :; fR' - O. S14'20'2B"W . ...p" ' . --"~.,;~,,u~;~~.~;:;;..~ . ./ 0 -- 46' CREEK WOOD DR. 61 '1;'1' /"~ 20' STORM /;;~ W:A'i:M~:iN,[,t"~, ;.. d .!:; ~ /: SEWER EASEMENT I:; XJ ..'\\ ....,. -. ...,. 0 "/ S54'41'2~"E -- {'y L::::. =15412'41- /" _0"'- lr)"'" ....,._. ~ <- ,,'1- . t; lr) 'It- /6 6029' V L = 127.85 ~';:!-: '1-' o ~- ~<:,a", '" R - 47.S0 $ ')...,. o . 0 .:,"'..,~ 0 0 CHO BRG S48'26'S2"W ~ S~ ~ . '70, CH 92,61' /' ......---- 0\ ;0, . // '0' d"'~'l\~ o o. ~~ f1"'J:. roO LOT 2-1-1-1-1-1-1 '" Ii 20' WIDE ~. '/ LOT C '3 \~- LOT 2-1-1-1 OF ML 499 WATER MAIN "j . . 8.222 AC. o 0 EASEMENT .'v/ / (NON-BUILDABLE) . ~ N84'01'4'''W ...,0 0 "\63.,5' ~>? 0 <l20' "'DE o. . \ ","'0, / SANITARY SEWER \ \. \. _ ;;, .. EASEMENT ~....J"'C'Y.,. ~~ <l20' SANITARY "d- o SEWER EASEMENT 0< s> , S3T38'39"E:\ '1.- '\~/ ,. '/ 239.31' ,,0 ...Q / / ---N39-53'09"E tv? 52.76' J'OO'<9_ IV \ \ ~ LOT 1-1-1-2-1-1-1-1-1-1-1 MINERAL LOT 499 , <0 N in '" '" o z \ -- -- / -- .-/ GRAPHIC SCALE / / 0 100 200 I I I ~ (IN FEET) NORTH DRAWING MAY HAVE BEEN REDUCED ~ OJ / ~ ~ lOT 1 I I 9J.1 / lOT 2 MINERAL LOT 496 or, JrrOfV PI.A,Ct I I 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 \~\ ~.'~~~ '. '-:. .\ ~<l 20' ""DE STORM W... SEWER EASEMENT '" ~. N32'18'39"E ~" 31.48' J' _"' ~ 8./' <;t~ 'Ijl Y. '0'0 '/..}.~Y.. J')' 1:9,5- (' .O~ IJ... DETAIL: NO SCALE ~ r---- - - ----~ -.......J........ ..!& , . ~ ~ - ~ ....~3/....... .......f........ 3f ....r-.-: __ ci:; ...... -~'" ..."1III1I1I1n1ill,,, NORTH v...\.....\ ,.....,..... '.....'~{i~ \.....'1:'"'0' , c c ~'it'" , ---- - ~ NOZ17'41"W 36.48' zi o -.. ~uj ,u "''''; .......m. '" " N _c> - . <ON . ~ ",. ~3 ~- s S 86'42'39" E 121.31' (121.24') s I>. cj~o" 'j.'" 0'\ -:.,'l-'"I'-....'V ......o..>.'<...'!- "",'- " '" o <0 "" W W r <n w w <n w z ::J r ~ "" :::; G~ .c' ,,& ",'" ,^ cO LOT B 8.621 AC. (NON-BUILDABLE) 4155 P NNSY VANIA A DIIBU U rOWA 6. ">6464 /~ GRAPHIC SCALE ........(\ 0 100 ~ ,,"V /,<-,,"~ \ ~\\.-~ ~ (IN FEET) ............... DRAWING MAY H~ E BEEN 200 I REDUCED ~ LOT 1 SMOTHERS PLACE / /' ~ LOT 1-2-1-1-1-1-1-1-2-1-4 l.llNERAL LOT 501 / / / / 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