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Lease Property Platting_Bee Branch Subdivision No. 2_ East 16th Street and Kerper Bvd.Masterpiece on the Mississippi Dubuque band AI- America City 1 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lease Property Platting at East 16th Street and Kerper Boulevard DATE: August 23, 2013 City Engineer Gus Psihoyos recommends City Council approval of the Plat of Survey for Lot 1 -1 and 2 -1 of Bee Branch Subdivision No. 2 in order to establish the boundaries and acreage of a lease property at East 16th Street and Kerper Boulevard. The recent Bee Branch improvements have created a buildable site along the south side of East 16th Street. A portion of this site is proposed to be part of a lease agreement with a local business. A request for approval of the Plat of Survey is being made in order to establish the boundaries and acreage of the lease property at East 16th Street and Kerper Boulevard as required in the lease agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer ( C-' DATE: August 23, 2013 RE: Lease Property Platting at East 16th St. and Kerper Blvd. INTRODUCTION Dubuque AI-America city 11111, 2007 • 2012 • 2013 This memorandum is a request for approval of the Plat of Survey for Lot 1 -1 and 2 -1 of Bee Branch Subdivision No. 2 in order to establish the boundaries and acreage of a lease property at East 16th Street and Kerper Boulevard. BACKGROUND The recent Bee Branch improvements have created a buildable site along the south side of East 16th Street. A portion of this site is proposed to be part of a lease agreement with a local business. A request for approval of the Plat of Survey for Lot 1- 1 and 2 -1 of Bee Branch Subdivision No. 2 is being made in order to establish the boundaries and acreage of the lease property at East 16th Street and Kerper Boulevard as required in the lease agreement. DISCUSSION The attached Plat of Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2 provides the boundary and acreage of the lease property at East 16th Street and Kerper Boulevard. The platted lot boundaries have been coordinated with the developer of the lot and taken into consideration during the design of the improvements on the site. The area of this leased property (Lot 1 -1) is 3.113 acres. The Plat of Survey will also be utilized in determining boundaries and areas for future lease sites on the remaining land along East 16th street. RECOMMENDATION It is recommended that the Plat of Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2 be approved and signed by the Mayor to be used in establishing the lease property boundaries and acreage. ACTION TO BE TAKEN The recommendation of the City Manager should be approved for the Plat of Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2 through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS Cc: Bob Schiesl, Assistant City Engineer Deron Muehring, Civil Engineer Kyle Kritz, Associate Planner Don Vogt, Operation and Maintenance Manager John Klostermann, Streets and Sewer Maintenance Supervisor Prepared by: Return to: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 276 -13 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 -1 AND LOT 2 -1 OF BEE BRANCH SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 23rd day of August, 2013, prepared by the City of Dubuque Engineering Department, dividing Lot 1 of Bee Branch Subdivision No. 2 except those portions taken for Right of Way, to be hereinafter known as Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 23rd day of August, 2013, prepared by the City of Dubuque Engineering Department relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of September 20 Attest: d /AMA Kevi ' S. Firnsta Clerk y D. Buol, Mayor Prepared By: Russell N. Kieffer 50 West 13th St. Dubuque, IA 52002 PLAT OF SURVEY OF: LOT 1 -1 AND LOT 2 -1 OF BEE BRANCH SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA COMPRISED OF: LOT 1 OF BEE BRANCH SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA, EXCEPT THAT PORTION TAKEN FOR RIGHT OF WAY PURPOSES DESCRIBED AS LOT B OF BEE BRANCH SUBDIVISION NO. 2 RECORDED AS FILE NO. 2013-10339 AND LOT C OF BEE BRANCH SUBDIVISION NO. 2 RECORDED AS FILE NO. 2013-13986 IN THE OFFICE IN THE OFFICE OF THE DUBUQUE COUNTY RECORDER Notes 1: Survey Requested by City of Dubuque 2. Owner = City of Dubuque 3. All dimensions are in feet and decimals thereof 4. Survey Located in the NW 1/4 & SW 1/4 Section 19, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County Iowa. LOT 2 RIVER VIEW PLAZA NO. 3 LOT 1 RIVER VIEW PLAZA NO. 3 i h • co W 2 . 0' 0 1 ni �N vl66,-1660 S 23 °51'58" E 32.61' FD. 5/8" IRON ROD RED CAP NO. 12631 w LOT 1 -1 A.Y. McDONALD „ MFG. CO. PLACE N 69 °47'20" E 100.17' OT 2 WENDY'SFO e0 PLACE 141 . CUT "X" — N CURB FD. MARKER "X" ON UTIL. PED. NORTH 0 100' 200' 400' SCALE 1" = 200' FEET c N LOT 1 -1 WENDY'S' PLACE 06 P e- S 23° 285.6 a1� V --- A \ )1 %6a �ao LOT 1 -1 \�\ \\ . N 69 °47'20" E 3.113 AC , 100.17' i 0 � nAY'" W ao� � �1T �r rto, \ ?° .1 NEW 10' UNDERGROUND 'ct UTILITY EASEMENT \ ZoY TJ i 40' I \ 55°' N 22 °45'01" W ji' 109.88' Jr \ NEW STORM \ SEWER EASEMENT \ N 67 °59'25" W 32.07' \ NEW STORM Q� SEWER EASEMENT OTC- / O<c J\�\ CL 150' OVERHEAD / h. ELECT. EASEMENT �/ Q'S JQv BOOK OF DEEDS 165, / S' G. 297 / P'/ / h/ / / h� / / 441 // S 68 °13'29" E 96.42' Reserved for Recorder FD. REBAR 16�Y\SgFLEE��I W/ CAP # 9651 S 66 °07'57" E 8.27' N 18 °44'05" W 14.68' N 39 °27'15" W 36.57' N 18 °44'05" W 166.81' ROW LINE 2'53 S D TAIL LOT 1 -1 5 �G LOT 2 -1 fit. 31.932 AC / ,; / / /s FD. CONC. MON. /// / / s / / W /NO DISK /�PS• / / / C.' 0/ / / / 9k 1 / % " e CL 100' OVERHEAD // // 0, r5' / 'e�y�b.' // NS ELECT. EASEMENT /�/ / b .�'' �// 611• INST. NO. 1093 -78 / / / 2 / a / / ,.F,� /1 % / / Og6Se // / / \4/ 0 , 23 59 / 2, 1014 66�,. S 66 °28'10" W 9.30' N 67 °59'25" W 32.07' N 15 °1024" E 16.45' O v0121 ROW LINE DETAIL A (1" =100') N O 1 o 53 N CL 100' 0 HEAD ELE T. EASEM 'T INST. NO. 1093 -78 FD. CONC. MO . W /BRASS DISK CITY LOT 502A 2�y1 / /0/64655 96`RO�1 E•12�N919- N 2114'31- E 21.57' LOT 1 -1 0 e• 1 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 1 am a duly ricensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque .1/1/1-71 G) 08-23 2013 Russell N. Keifer la. Ltc. No. 18128 My license renewal date Is December 31. 2014 Pages or sheets covered by this seal: 1 & 2 1113 RO S66340'V4 LOT 2 0‘"1 Eq- ti LOT 4 LOT 3 7 °30'17" W 46.53' LOT 5 FD. ROD 11 °38' 3.53' E /8" IRON NO CAP LOT 9 BLOCK 4 RIVER FRONT SUB. NO. 2 LEGEND • FOUND IRON ROD /PIPE AS SHOWN • FOUND e" REBAR WITH YELLOW CAP #18128 O SET $" REBAR WITH YELLOW PLASTIC CAP #18128 R.O.W. RIGHT OF WAY (100.00) RECORDED DIMENSION e FOUND P -K NAIL • FOUND CONCRETE MONUMENT Dubuque All- America City 'I L► 2007•2012• 2013 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001 -4864 PHONE (563) 589 -4270 FAX (563) 589-4205 Drain By NMS I Approved By. RNK I Date: 6212013 C.IP. Iumber. 7201654 I Sheet Number. 1 N 5 SURVEYOR'S CERTIFICATE I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 1 of Bee Branch Subdivision No. 2, in the City of Dubuque, Iowa, excepting those portions taken for right -of -way purposes described as Lot B of Bee Branch Subdivision No. 2 and Lot C of Bee Branch Subdivision No. 2 as recorded in the office of the Dubuque County Recorder, in the City of Dubuque, Dubuque County, Iowa. This survey was performed for the purposes of subdividing and platting said real estate henceforth to be known as Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2, in the City of Dubuque, Dubuque County, Iowa. Total area of Lot 1 -1 and 2 -1 of Bee Branch Subdivision No. 2 is 35.045 acres. Total area of Lot 1 -1 is 3.113 acres. Total area of Lot 2 -1 is 31.932 acres. All Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights -of -way of record and not of record, the plat of which is attached hereto and made part of this certificate. BY: � �t •� � Dg' -2.3 °29/3 Russell N. Kieffer Licensed Land Surveyor License No. 18128 2 Date License Renewal Date: 12/31/2014 OWNER'S CONSENT Dubuque, Iowa 41fi , 2013 The foregoing Plat of: Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2, in the City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance A ith the desires of the undersigned owners and proprietors of said real estate. State of Iowa ) ss: County of By: Bv: D. Buol, Mayor / vin S. Fir stahl, ity Clerk On thiso (' of day 1711-/-4C--, A.D. 2013, before me, a Notary Public in and for the County of Dubuque and S to of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above 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 acknowledge the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. 1111b11 L. bLtAS6N g "'��`` Commission Number719986 ` My Commission Expires Notary Public in the State of Iowa My Commission Expires /0S- i`� LEESEE'S CONSENT Dubuque, Iowa , 2013 The foregoing Plat of Survey: Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision o. 2, in the City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned lessee of said real estate. Lessee: RAINBO OIL CO. DBA Kwik Stop C totes By: P ,/k4,..F.e-L. V /ce 4res/d e' 1- STATE OF IOWA COUNTY OF DUBUQUE ) On this 2 0 day of Au'``u5k , 2013, before me, the undersigned, a Notary P-� blic irY and for said State, personally appeared S < i \ 1 e ry er- to me personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. Notary Seal) SUSAN M. KRAMER Commission Number 760494 My Comm. Exp. I °`141-15 (sign in Y� bu r\ M \ &rat er (print/type name) Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL '4 CORPORATE OFFICER(S) e. PT - Stclert (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) _LIMITED _GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING �a, ►��� of I cory. ,,_y Company name here CITY COUNCIL Dubuque, Iowa , 2013 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey: Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2, in the City of Dubuque, Dubuque Count , Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolut° n No. 0, olhe Dubuque City Council approved said plat. 4 Mayo Roy D. Buol e City of Dubuque even S nstahl Clerk of the City of Dubuque PLANNING SERVICES Dubuque, Iowa 4u .q. g© , 2013 The foregoing Plat of Survey: Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2, in the City of Dubuque, Dubuque County, 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. COUNTY AUDITOR Dubuque, Iowa /7-..,. Laura Carstens Planning Services Manager , 2013 The foregoing Plat of Survey: Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the Dubuque County Auditor this of , 2013. We approve the subdivision name or title to be recorded. Denise M. Dolan Dubuque County Auditor CITY ASSESSOR Dubuque, Iowa , 2013 The foregoing Plat of Survey: Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the City Assessor of the City of Dubuque, Iowa, this of , 2013. Richard A. Engelken Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa 2013 The foregoing Plat of Survey: Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2, in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Recorder of Dubuque County, Iowa 5 THE CITY OF DUB Lease Property Platting Masterpiece on the Mississippi East 16th St. and Kerger Blvd. DAGIS DUBUQUE AREA C.aGRAPHIC INFCaMATION ■ Trial Services, Inc DISCLAIMER: This Information was compiled sing the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County . It Is understood that, while the CIty of Dubuque and participating agencies utilized the most current and accurate Information evadable, DAGIS and It's suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, Incidental, usequential, punitive, or special damages, whether foreseeable or nforeseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 1 inch = 400 feet 10050 0 100 200 300 400 Feet • Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205