Acceptance of Water Main Improvements - Holliday Drive Copyright 2014
City of Dubuque Consent Items # 15.
ITEM TITLE: Acceptance of Water Main Improvements - Holliday Drive
SUMMARY: City Manager recommending acceptance of the water main easement from
Warrior Enterprises for an existing water main across Lot 1 Holliday 6th
Addition in the City of Dubuque.
RESOLUTION Accepting A Grant of Easement for Water Main through,
Over and Across Lot 1 Holliday 6th Addition, in The City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Water Main Easement from Warrior Enterprises-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement Supporting Documentation
❑ Exhibit Supporting Documentation
❑ Exhibit B Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Water Main Easement from Warrior Enterprises LLC
Property Holliday Drive in Dubuque
DATE: November 24, 2014
City Engineer Gus Psihoyos is recommending acceptance of the water main easement
from Warrior Enterprises for an existing water main across Lot 1 Holliday 6t" Addition in
the City of Dubuque. The terms in the Grant of Easement would prevent the property
owner from building structures over the easement without the City's consent. Should
the City have to remove any pavement or improvements during the repair or
replacement of the water main utility, the terms make the property owner responsible for
all pavement and improvement replacement costs. The City of Dubuque will continue to
own and maintain the water main utility.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
-1'1-IE C'I I OI Dubuque
DUBE AH-America City
Masterpiece on tial, Mississipp
2012
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Water Main Easement from Warrior Enterprises LLC
Property Holliday Drive in Dubuque
DATE: November 24, 2014
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a water main easement from Warrior
Enterprises for an existing water main across Lot 1 Holliday 6th Addition in the City of Dubuque.
DISCUSSION
The property owners are planning to construct a car dealership and parking lot improvements to their
site on Holliday Drive. The owners, Warrior Enterprises LLC, and the City of Dubuque wish to set forth
terms for the construction, maintenance, and replacement of the proposed site improvements over the
existing water main utility on the property. The terms in the Grant of Easement would prevent the
property owner from building structures over the easement without the City's consent. Should the City
have to remove any pavement or improvements during the repair or replacement of the water main
utility, the terms make the property owner responsible for all pavement and improvement replacement
costs. The City of Dubuque will continue to own and maintain the water main utility.
RECOMMENDATION
I recommend accepting the Grant of Easement for a water main easement through, over and across
Lot 1 of Holliday 6th Addition, as shown on Exhibit A and B on the attached Grant of Easement.
ACTION TO BE TAKEN
I respectfully request accepting the Grant of Easement for water main from Warrior Enterprises LLC.
Prepared by Nate Kieffer, PLS
cc: Bob Green, Water Department Manager
Brant Schueller, Water Engineering Assistant
Denise Ihrig, Civil Engineer
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 370-14
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN THROUGH, OVER
AND ACROSS LOT 1 HOLLIDAY 6TH ADDITION, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Warrior Enterprises LLC and the City of Dubuque wish to set forth
terms for the construction, maintenance, and replacement of site improvements
over an existing water main utility located in Lot 1 Holliday 6th Addition, in the City
of Dubuque, Dubuque County, Iowa; and
Whereas, Warrior Enterprises LLC have executed an Easement for Water
Main through, over and across Lot 1 Holliday 6th Addition, in the City of Dubuque,
Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves
of, accepts and consents to the Grant of Easement for Water Main through, over
and across Lot 1 Holliday 6th Addition, in the City of Dubuque, in the City of
Dubuque, Dubuque County, Iowa from Warrior Enterprises LLC, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, approved and adopted this 1st day of De ember, 2014.
Attest:
Trish L. Gleason, Assistant City Clerk
Ka la A. Braig, Mayor Pro T
Prepared by: Nate Kieffer, PLS,City of Dubuque,50 W.13"Street,Dubuque,IA 52001 (563)589-4270
Return to: Nate Kieffer, PLS,City of Dubuque,50 W. 13"Street,Dubuque,IA 52001 (563)589-4270
GRANT OF EASEMENT FOR WATER MAIN
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Warrior Enterprises L.L.C.
1600 51St Street
Cedar Rapids, Iowa 52402
of Linn County, State of Iowa, for themselves, their successors, heirs and
assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a
municipal corporation, its agents and contractors, in perpetuity, from the date
hereof, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
Lot 1 Holliday 6th Addition, in the City of Dubuque, Iowa
Said easement shall be over the same twenty foot wide water/water main
easement area shown on Lot 1 of the Plat of Survey of Holliday 6th Addition, File
Number 2014-00009577 in the Office of the Dubuque County Recorder, attached
hereto and labelled "Attachment A", and as shown and originally platted on Lots
6 and 7 of Holliday 3rd Addition, File Number 10797-04 in the Office of the
Dubuque County Recorder, attached hereto and labelled "Attachment B", for the
purpose of accessing, constructing, re-constructing, and maintaining a water
main utility in accordance with the Plans and Specifications on file in the office of
the City Engineer.
Following any maintenance or repair of said water main, the City of Dubuque
shall restore any disturbed turf area to its original condition.
Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior written
consent of the City Engineer.
Subsequent property owners, their successors, heirs and assigns bear the
financial and other responsibility for replacement or repair of curbs, pavements,
structures or any other improvements made by subsequent property owners
over, on or within the easement area arising from the maintenance or repair of
the water main.
Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said water main without
obtaining the prior written consent of the City Engineer.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain, remodel or repair said water
main thereon or therein. Said easement shall be binding on all subsequent
property owners, their successors, heirs and assigns.
Dated atIowa this y 2014.
Rick gyre, Vice resident of Finance
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF LINN, SS:
On this W" day of , A.D., 2014 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Rick
Sayre to me known to be the identical person(s) named in and who executed the
within and foregoing instrument, to which this is attached, and acknowledged that
they executed the same as their voluntary act and deed.
Notary Public In and For SaidS ate
-7-zl-15
Rage 1 of,3 1111111111111111111111111111111111111111111111111111111111111111111111111111111
Doc ID: 008081390003 Type: GEN
Kind: SURVEY PLAT
Recorded: 08/29/2014 at 04:18:24 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
Kathy Flynn/T�hurlow(�Recorder
Fi1e201T-00009577
PREPARED Y: BUESIN &ASSOCIATES ADDRESS: 121 UST STRE T DUBU IOWA 1 PHON 63 556-4 9
Plat of Survey of:
HOLLIDAY 6TH ADDITION
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
Comprised of: LOT 2 OF HOLLIDAY 5TH ADDITION, AND LOT 2-6 OF HOLLIDAY 3RD ADDITION,
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
\ \\ 2
LOT 1 II 3 I a z
\ ` \ HOLLIDAY 5TH ADDITION O
\ \\\ C I
o I I Ny0
\ \ \
'c N87-03'48"E 305.09' i o00
` \ \ 1 �30' I oa
10'_A I x
\ I I
LOT 1 \ \\\ ` I 30' I
JEWELL PLACE \ \\\ '` Zl% PUE I I
\ ` 0 I I
\\ \ \ 01 I I
LOT 1
LOT 2 `\ \\\\ w HOLLIDAY 6TH ADDITION
JEWELL PLACE 1.316 AC (57,305 SF)
O __-_----JI_____� uI I
__-_--- \\ 766'
- - \\(7.56'). y rn m FORMER I0 1 v M z
\ \ \\ PROPERTY I
LOT 20 \ I N a
EMBASSY WEST NO.3 \ \` Nom. UNE I I o 0
\ \ aI I Oma
N87'03'48"E 224.96' iv .I( I p
N I
LOT 2 I°
LOT 19 \\� \\\\ HOLLIDAY 6TH ADDITION I"
\ �, I
EMBASSY WEST NO.3 \\ \ \.i 0.500 AC (21,779 SF) i I �
\ \\\ I 4 I
I
\ \ \ o0 587'03'00"W 202.18' 202.32' I
I
`\ 1 ,z I I
z
LOT 18 \ \w Iwo I I ar
EMBASSY WEST NO.3 ozia
\ u N I I O
• I I =
\ w I
\w rn I 1
LOT 1-6 I \
HOLLIDAY 3RD ADDITION 1 \\
\ \ 5 7 \
LOT
EMBASSY WEST N0.3 \
2`\7�EXISTING SANITARY \\
Q a \\\ SEWER EASEMENT PER -� \
BOOK 63,PAGE 129, 'u` �-
DUBUQUE COUNTY _
RECORDER
SCALE 1" = 100' LOT 16 oN ` \- -' - Na p. y-5
EMBASSY WEST NO.3 V) v \ \ 761.71'
M
\ 587'07'49"W 161.65'"4( ) �'
w O\ - it EXISTING STORM& _
0' 50' 100 zN SANITARY SEWER
`- Li LOT 1-5` EASEMENT PER INST.
HOLLIDAY 3RD ADDITION ;1110797-04,DUBUQUE
\\ COUNTY RECORDER
N \\ `
LOT 15
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
2. OWNER&PROPRIETOR OF:
LOT 2 OF HOLLIDAY 5TH ADDITION AND LOT 2-6 OF HOLLIDAY 3RD ADDITION: SURVEYED PERIMETER
WBBW Holliday Development,LLC
PO Box 249/Kieler, WI 53812 1.816 AC (79,084 SF)
3. SAID LOTS ARE LOCATED IN THE NEI/4 OF SECTION 20, T89N,R2E,OF THE 5TH P.M.,
DUBUQUE COUNTY,IOWA.
4. SURVEY REQUESTED BY: BRAD BIERMAN
5, THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. LEGEND
• 5/8"REROD(FOUND)
\\111111111111 (YELLOW CAP STAMPED"4016")
�\��\\\\\LAND ///�iii� PREPAREDHEREBYCANDFTHE RELATED SURVEY WORK WASTHAT THIS LAND SURVEYING CUMENTe 5(ORANGE CA8-RERODP PED"15487")
/�i�i BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT PROPERTY UNE
o° °o'AL I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF SURVEYED PROPERTY LINE
4 0 o(r�% THE STATE OF IOWA. CENTERLINE
ZZ Uo TERRY L. o�_ ------------ EASEMENT LINE
Ei 7j o K15487R o _ �"TE 4 ( )RECORECORD DIMENSION
�'�O��C'/' O 5/8"REROD(PLACED)
RRY L.K ELKER (DATE) (ORANGE CAP STAMPED"15487")
{°o 0000° ROW RIGHT OF WAY
LICENSE NUMBER: 15487
MY LICENSE
DATE IS
0111\IIIJa000'o \\\\ SHEETS COVERED BY THIS SEA�ECEMBESHEETS 101&2 �E WATER MAIN PUE PUBLIC TEASEMENT
NT
DWG.NO.14151-01
SHEET TITLE PROJECT NO. 14151 QQQ��77 UESINGFIELD SURVEYED ON REVISIONS DRAWN BY:
fn PREPARED FOR: � 8/7/14 TPL
m PLAT OF SURVEY BRAD BIERMAN ASSOCIATES INC.
EPIC CONSTRUCTION ENGINEERS AND SURVEYORS SCALE: CHECKED BY:
W HOLLIDAY 6TH ADDITION PO BOX 249 1212 BUST ST.DUBUQUE.H
KIELER %M 53812 ("563)5M-43M SEE BAR SCALE TLK
File NumF eq�l� I � bt�97 q : 1
Rage 2 of.3
Sheet 2 of 3
Surveyor's Certificate
I,Terry L. Koelker,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 2 of Holliday 5th Addition,and Lot 2-6 of Holliday 3rd Addition, in the City of Dubuque,
Dubuque County, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate
henceforth to be known as HOLLIDAY 6th ADDITION,in the City of Dubuque, Dubuque
County, Iowa. The Total area of HOLLIDAY 6th ADDITION is 1.816 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 a part of this
certificate.
I hereby certify that this land surveying document was prepared and the related survey work
was performed by me or under my direct personal supervision and that I am a duly licensed
Land Surveyor under the laws of the State of Iowa.
A/2 6
Terry L Koelker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date 12/31/15
Owner's Consent
Dubuque, Iowa 95 2014
The foregoing Plat of Survey of: HOLLIDAY 6th ADDITION,in the City of Dubuque, 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.
WBBW Holliday Development, LLC
T' Hodge,S _, tary/Treasurer
State of Iowa )
County of Dubuque ) ss
r 1kh1_
On this day of 7" ,AD 2014, before me,the undersigned,A
Notary Public in and for the State of Iowa, personally appeared Tim W. Hodge, Secretary/
Treasurer,of WBBW Holliday Development, LLC,to me personally known,who being by me
duly sworn,did say that he is the Secretary/Treasurer of said Corporation,that no seal has
been procured by said Corporation,that said instrument was signed on behalf of said
Corporation by authority of its Board of Directors;and that said Tim W. Hodge,
Secretary/Treasurer,of WBBW Holliday Development, LLC,acknowledged the execution of
said instrument to be the voluntary act and deed of said Corporation by it and by him voluntarily
executed.
Witness my handkandnNotarial Seal on the date above written.
otary Pubic in and for the State of Iowa
" File Number: 2014-00009577 Seq: 2
Page 3 of 1
Sheet 3 of 3
City of Dubuque Planning Services
Dubuque, Iowa ,2014
The foregoing Plat of Survey of: HOLLIDAY 6th ADDITION,in the City of Dubuque, Dubuque
County, Iowa,was reviewed and approved by the City of Dubuque Planning Services
Department on the date first written above.
Planning Services Department
By:
City Planner of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa 31A9 ,2014
The foregoing Plat of Survey of: HOLLIDAY 6th ADDITION, in the City of Dubuque, Dubuque
County, Iowa,was entered of record in the Office of the City Assessor of the County of
Dubuque, Iowa,on the date first written above.
;EZUV Q
City Assessor of the County o47bubuque, Iowa
COUNTY AUDITOR
Dubuque, Iowan 2014
The foregoing Plat of Survey of: HOLLIDAY 6th ADDITION,in the C'tx` f DubDubuque
County, Iowa,was entered of record in the office of the Dubuque- ty Auofor' isrW 2'
day of ,2014. ,_vr
We approve of the subdivision name or title to be recorded.
County Auditor of IJubuq I"
Recorder's Certificate
Dubuque, Iowa A us,V�' ,2014
The foregoing Plat of Survey of: HOLLIDAY 6th ADDITION,in the City of Dubuque, Dubuque
County, Iowa, has been reviewed by the Dubuque County Recorder.
-Dubuque dounty kecorder
�i w, ,
"...rte;• /....... 4
File Number: 2014-00009577 Seq: 3
Page 1 of 13
ops 04
OHA JUN 18 FM C:35
COUNT Y RECCRUER
PUBUOUEo.,,IOWA U, 7166
PREPARED BY: BUESING&ASSOCIATES ADDRESS: 1212 LOCUST STREET DUBUQUE IOWA 52001 PHONE: 563 556-4389
FINAL PLAT
OF LOTS 1 THRU 8, INCLUSIVE, AND LOT A AND LOT B
OF HOLLIDAY 3RD ADDITION, IN THE CITY OF DUBUQUE, IOWA
ASBURY ROAD
R CAP"12631"
10 79" -04 LOT 1 AT THE OF HOLLIDAY
ADDITION,yJ HOLLIDAY AD01 TI0 OF LOT 1 OF HOLLIDAY ADDITION
bI= N (SOUTHERLY ROW OF ASBURY ROAD)
Irr O 1 0
LOT 2 lo� La r 1`3 NOTE:
KLOSER PLACE j< LOT 2 <p LOT 3 ,No HOLLIDAY 3RD ADDITION IS COMPRISED
bel HOLLIDAY 2ND ADDITION 60.00' m'D HOLLIDAY ADDITION m OF LOT B OF HOLLIDAY ADDITION AND
XTG.10'PUBLIC (60.00')1 _< 1
p (50.00')
[UTILITY EASEMENT 589'59'09"E 979.18'(979.26') IIR-CAP R-CAPS o LOT 2 OF 2 OF THE SE 1/4 OF THE
R-CAP _____ L_______595.24 595.22______________J L12631"272,sC 273.0' t2631J o NE 1/4 OF SECTION 20, T89N, R2E,
"12631" f- THE
I 15084 5,]� 646-.24-04"0 R-CA 1 _LOT --11-SC- o �ITY OF DUBUQUE, IOWA.
1 15064" "12631"1 II -
EXISTING 10'PUBLIC UTILITY I PAYTONts,a7s sF SEE
LOT 10 1 XTG.10'PUBLIC _
LOT 11 UTILITY EASEMENT EASEMENT,BETWEEN LOT 3 OF I LOQ-B-- 0.378 AC Z
HOLLIDAY ADDITION AND LOT 1 1111 DRIVE BELOW
ASB RY OF HOLLIDAY 3RD ADDITION,TO _____________ O
4? 1 BE VACATED BY THIS PLAT. I II N89'35'31"E 262.94' -, .�
EXISTING SANITARY I 1 N44'35'31"E A
SEWER EASEMENT PER III 3
ASBURY nnI Ip BOOK 63.PAGE 129 a1 I I 14.14' m _
COUR�R DUB.CO.RECORDER LOT 8 co+1 1°:
"L 262,406 SIF rnl 1 1 I A m
iin•��, 6.024 AC cl 1 IN G,i o cf)
4
SF
PL CE EXISTING SANITARY SEWER EASEMENT PER j° 82OT 2
1 INSTR.,13941-92,DUB.CO.RECORDER. III Iuo 1.888 AC 1DI D
��� (THE PORTION OF THIS EASEMENT LYING ACROSS LOTS
LOT 13 LOT 12 �T 1 `/�5' 7 AND 8 IS TO BE VACATED BY THIS PLAT,UPON V I 1
1 10•�� COMPLETION OF THE PROPOSED SANITARY SEWER ;I i I XTG.10'PUBLIC
XTG.40' 1 v.' EXTENSION IN HOLLIDAY DRIVE AND FINAL ACCEPTANCE 1 I UTILITY EASEMENT m
PIPELINE OF THE IMPROVEMENTS BY THE CITY OF OUBUDUE.) I
EASEMENT -
1 Y-CAP'". 589'40'21"W 980.72'(980.73,/'I I R-CAP D
t" 4016" 647.78' ��' I I "9651," �-
17�35- 7,4143 •••�� 473.43' .��; i 272.94'
LOT 15 ' I(A �n
LOT 24,' (y Y-CAP t° ~� I o o f
PRO.10'PUBLIC J
POB _--' "40i6" r. a -
I I /;�,� I N N I UTILITY EASEMENT I
LOT 160
LOT 23
LOT 25 A I I
' I
BLOCK 18 1 �,`!� Lgt,,,7 N1'0 o h LOT 3
S 124.$$57 SF of"'• O°l0 102,298 SF o l =
ESTATES 1 1 1 2438 AC 2.348 AC •I
0 I S
LOT 17 j j LOT 26 1 !��✓`'rn /' 11 1
I LOT 22 I =_
J I____-I
F- I �� D
------� � I \Kr iii PRO.22 I I
I
WATER
LOT 18 1 LOT 27 1 LOT 21 `�,'Oo 14fY EASEMENT I nN 1 I
_------20 _NB935:311"E__ _J �1" 1,. N
r _ YAC 245.29'- -�- I 272.94 I In
RED VIOLET DRIVE m LOT 20 18%�? 10 I I e o
I N
`0 PRO.10'PUBLIC yj I PRO.10'PUBLIC I�'
UTILITY EASEMENT 1 L.- -
I UTILITY EASEMENT I ri
• LOT 1 Cf) LOT 19 ! Y-CAP c"I IN
I U) \ ivl IP I w w
� II '�! "4016" o Io �,,,I N o
v , i I LOT 4 0l w
Y-CAP �� I \ 4 Z LOT 6 1 I 96,373 SF NI
LOT 18 ! N 81,313 SF I I 2.212 AC oI
"4016" LOT 21 Z C 1 u 1.867 AC I
-60'-
m
60'm
I
O I LOT 17 Y-CAP "� I I 1
1 \ I
, Z "401 N8935'31"E I
LEGEND fCr1 N7 g3 96"E _C cY9>RD\\
• IRON PIPE(FOUND) (� LOT 16
(SIZE AS NOTED) --" ----
■ 5/8"REROD(FOUND) 1618 15'
�� o
(CAPPED AS NOTED) 1,.50-
.2 -----
3.26 \ N40'33'10"E N50'42'26"E N89'35'31"E
PROPERTY LINE 1 LOT 15 \ 13.91' 44.12 177.94' 1
SURVEYED PROPERTY LINE 4
SURVEYED PERIMETER PRO.30'
--- CENTERLINE STORM&SANITARY
------- RIGHT OF WAY 'I I LOT 14 SEWER EASEMENT I
-- EASEMENT LINEI
CAP
( ) RECORD DIMENSION U ' NOI
P.O.B. POINT OF BEGINNING 0 \0 0°' I
O 5/8"REROD(PLACED) LOT 13 �\
(Y-CAP"4016") �dc
Y-CAP YELLOW CAP 'v LOT 5
R-CAP RED CAP ° w1
I I 200,407 SF rn1
0-CAP ORANGE CAP 4.601 AC mi
LOT 12
I
I w
SURVEYED PERIMETER SE1�4TNE1/4 NO 0 '
' LOT 11 SEC.20,T89N,R2E CAP I SCALE 1 = 200
1,061,281 SF(24.364 AC) I
LOT 10 �p9's2s� 0' 100' 200'
I
CURVE DATA S8938'53"W
ARC1 1 4. EXISTING 10'PUBLIC UTILITY
CURVE RFARINrIFNGTH RADIUS LFNGTH DELTA TAN. LOT 2-1 EASEMENT,BETWEEN LOT 3 OF
HOLLIDAY ADDITION AND LOT 1
C-1 N45'24'29"W 134.35' 95.°0' 149.23'90.0000"95.00' NE1/4,SE1/4 OF HOLLIDAY 3RD ADDITION,TO
C-2 S64'51 O'
133.74'155.00'138.28'51'06'56" 74.12' SEC.20.T89N,R2E BE VACATED BY THIS PLAT.
C-3 N19'51'01"W 103.19'155.00'105.19'38'53'04" 54.71'
LOT 3
.00' HOLLIDAY ADDITION PRO.20'.00') STORM SEWER I-CAp r5'r 10' EASEMENT R-CAP
NOTES C�_101
63]'_-Y-Y_---372134'-37-3:48' - -'12631"
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. --RCAP I - _ 01
�r----- --------------- - __ 7.93'
2. IF THIS PLAT DOES NOT HAVE A SURVEYOR'S SIGNATURE IN PURPLE INK,IT IS A "1263" I I �j 45'24'29"W _ 11,t34-'� - _ 1D n
COPY THAT MAY CONTAIN UNAUTHORIZED ALTERATIONS. THE CERTIFICATION CONTAINED I LO_T L-�25§ _ --�°
---1}14_-�--_
ON THIS PLAT SHALL NOT APPLY TO ANY COPIES. I I 9'35�E 262.94' -�tO'
I I =
79.50'10'i183.44' "-N79'41 04"E
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT I O 186.21'
p111111111111//// p PAYTON _16 476 SF_ o
°LAND°° /// PERFWAS PRMEDRBY ME ORED AND HUNDER AMEYDDIRECT PERSONALSURVEY 0.378RK
I I Imp ��$ -54 DRIVE 0.378 AC $
°,�� S ER ISION AND THAT I AM A DULY LICENSED LAND I I I D
_ SURVE OR UNDER T E LA OF THE STATE OF IOWA. I I
U,JOHN L.WHITE o"�: I I N89_35'31'_E 262.94_ _ F
-- °O= I 11 ----------- - ------ --� n
J o 4016 o A= �4 ✓/ z'�CJ� j I 1 N4435'31"E LOT 2 10 w
n
JO/RN-L.WHITE �TE) I ta.ta' N
I I I I i
° ���\ ICENSE NUMBER: 4016 BLOW-UP (LOT 1 & LOT B)
////III)IIIIM\00\
1\0 \0\\\\\\ MY LICENSE RENEWAL DATE IS DECEMBER 31,2004
SHEET TITLE PROJECT NO. 03236 BUESING & ASSOCIATES FIELD SURVEYED ON REVISIONS DRAWN BY:
OWNER&PREPARED FOR:
00 m TIM QUAGLIANO CONSULTING ENGINEERS 12/12/03 TPL
FINAL PLATLHI 1212 LOCUST STREET
HOLLIDAY 3RD ADDITION 1 SUITE2200DUBUQUE,IOWA 52001 SCALE: CHECKED BY:
DUBUQUE,IA 52001 (563)556-4389 1" = 200' JLW
G:1031236\dwg103236-04-FINAL-PLAT.dwq,FINAL-PLAT,04/26/2004 09:26:01 AM,Buesirg 8 Assoc.
rr . 1
Page 2 of,13
Sheet 2 of 5
Surveyors Certificate
Dubuque, Iowa �c/�vr/ , 2004
I hereby certify that the plat shown on SHEET 1 OF 5 hereof, is a true and correct FINAL PLAT OF
LOTS 1 THRU 8, INCLUSIVE, AND LOT A, AND LOT B OF HOLLIDAY 3RD ADDITION, IN THE
CITY OF DUBUQUE, IOWA. The perimeter of HOLLIDAY 3RD ADDITION, was surveyed by me and
is more particularly described as follows:
HOLLIDAY 3RD ADDITION
Commencing at the Southeast corner of Lot 12 of Asbury Court Place, the Point Of Beginning;
Thence North 0° 11' 19"West(this is an assumed bearing for the purposes of this survey only) along the East
line of said Lot 12 and Lot 11 of Asbury Court Place, a distance of 407.50 feet to the Southwest corner of Lot 24
of Holliday Addition;
Thence South 89° 59'09" East along the South line of said Lot 24 and Lot 2 and Lot 3 of Holliday Addition, a
distance of 979.18 feet to the West Right of Way(ROW) line of the Northwest Arterial/ Iowa Highway 32;
Thence South 02° 24' 29" East along the West ROW line of said Northwest Arterial/Iowa Highway 32, a
distance of 1733.03 feet to the Northeast corner of Lot 2-1 of the NE1/4 of the SE1/4 of Section 20;
Thence South 89° 38' 53"West along the North line of said Lot 2-1, a distance of 165.19 feet to the Southeast
corner of Lot 3 of the SE1/4 of the NE1/4 of Section 20;
Thence North 490 15'25"West along the East line of said Lot 3, a distance of 189.66 feet;
Thence North 230 19'40"West along the East line of said Lot 3, a distance of 570.07 feet to the Easterly
boundary of Embassy West No. 3;
Thence North 20 35' 34"West along the Easterly boundary of said Embassy West No. 3, a distance of 163.75
feet;
Thence North 160 28'26"West along the Easterly boundary of said Embassy West No. 3, a distance of 141.60
feet;
Thence North 220 06' 50"West along the Easterly boundary of said Embassy West No. 3, a distance of 317.62
feet;
Thence North 52°42' 50"West along the Northeasterly boundary of said Embassy West No. 3, a distance of
143.40 feet;
Thence South 890 40'21"West along the North boundary of said Embassy West No. 3, a distance of 174.35 feet
to the Point Of Beginning;
The TOTAL AREA is 24.364 Acres and is subject to all easements of record and not of record.
I hereby certify that this land surveying document was prepared and the related survey work was performed by
me/,6r qnder my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the
State Q1 Iowa.
( /'1J-/"' �o 0
J91HN L. WHITE DAT
CENSED LAND SURVEYOR
REGISTRATION # 4016 REG. RENEWAL 12/31/04
File Number: 2004-00010797 Seq: 2
Page 3.of 13.
Resolution No. —04
Page 3
Section 6. That in the event QHQ Properties fails to execute the acceptance
and furnish the guarantees provided in Section 2 hereof within 180 days after the date
of this Resolution, the provisions hereof shall be null and void and the acceptance of
the dedication and approval the plat shall not be effective.
Passed, approved and adopted this 7t' day of June, 2004.
Teronce M. Duggan, yor
Attest:
anne F. Schneider, City Clerk
File Number: 2004-00010797 Seq: 3
Page 4.of 13
ACCEPTANCE OF RESOLUTION NO-'yr04
I, the undersigned, Tim Quagliano, representing QHQ Properties, having read the
terms and conditions of Resolution No. 04 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated this '!� day of �,�j 2004.
Tim Quagliano
QHQ Properties.
File Number: 2004-00010797 Seq: 4
Page of 13
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I
have in my possession or have access to the records of the proceedings of the City
Council. I do further state that the hereto attached Resolution No. 248-04 is a correct
copy of the original Resolution No. 248-04 approved and adopted by the City Council
of the City of Dubuque, Iowa, at a session held by said Council on the 7th day of June,
2004.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 17th day of June, 2004.
dea�=ne . Schneider, CMC
s City Clerk
+ 6 F
W
Y
? f k
File Number: 2004-00010797 Seq: 5
Page 6 of.13
Sheet 3 of 5
Owner's Consent
Dubuque, Iowa , 2004
The foregoing FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND LOT A, AND LOT B OF
HOLLIDAY 3 °ADDITION, IN THE CITY OF DUBUQUE, IOWA. is made with the free consent and
in accordance with the desires of the undersigned owners and proprietors of said real estate. We
hereby dedicate Lot A (Holliday Drive), and Lot B (Payton Drive) and all easements to the public.
f,nA �, �r—
Timothy J. Quel6liioo
State of Iowa )
County of Dubuque ) ss:
On this day of , AD 2004, before me, the undersigned, A Notary
Public in and for the State of to a, personally appeared Timothy J. Quagliano, to me personally
known, who, being duly sworn did say that said appeared Timothy J. Quagliano acknowledged the
execution of said instrument to be their voluntary act and deed voluntarily executed.
Witness my hand and Notarial Seal on the datEf above written. , X
C\7 9 1 1 i
9 { � '
Notary Public in 9nfor h State of Iowa .��
Attorney's Certificate
Dubuque, Iowa fry , 2004
J.
TO WHOM IT MAY CONCERN:
This will certify that I have examined the abstract of title of LOT B OF HOLLIDAY ADDITION AND
LOT 2 OF 2 OF THE SE1/4 OF THE NE1/4 OF SECTION 20, T89N, R2E OF THE 5T" P.M., IN THE
CITY OF DUBUQUE, IOWA, covering the period from Government entry to TV k `0' day
ofy u-,, , ,2ao`t at A:00 o'clock and find that said abstract shows good
and merchdhtable title to said real estate in ki,o G tvu r r L e j
free and clear of all liens and encumbrances and sho taxes all p d, including taxes fort the fiscal
year 2-0o Z- Zoo 3 1 (� 1
11 N 0416 --wr S 26 o i s shz, !�, 04
? 3 - v t*i
Attorney-at-Law
See Attached Release of Mortgage filed May 27 , 2004 as Instrument #9212-04.
File Number: 2004-00010797 Seq: 6
Page 7 of 13
Sheet 4 of 5
City of Dubuque Planning Services
Dubuque, Iowa �.. . 2004
The foregoing FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND LOT A, AND LOT B OF
HOLLIDAY 3 RD ADDITION, IN THE CITY OF DUBUQUE, IOWA., and the dedication of Lot A
(Holliday Drive), and Lot B (Payton Drive) and all easements to the public, is hereby approved by City
Planner of the City of Dubuque, Iowa and approval of said plat by the City Council of the City of
Dubuque is hereby recommended.
Planning Services Department
-"Q4"By:
City Planner of the City of Dubuque, IA
City of Dubuque, Iowa
Dubuque, Iowa ` , 2004
The undersigned, Terrance M. Duggan, Mayor and Jeanne Schneider, Clerk of the City of Dubuque,
Iowa, do hereby certify that the foregoing FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND LOT
A, AND LOT B,OF HOLLIDAY 3RD ADDITION, IN THE CITY OF DUBUQUE, IOWA., and the
dedicat�o of Lot A (Holliday Drive), and Lot ( ayton Drive) and all easements to the public, as
appdars her 6fore has been filed on lv cp�_as resolution # y� in the office of
City Clerk 6f.Dubuque, Iowa and that the City Counciayor
ty of Du bu ue, Iowa approves said
plat,
of the City of D d4ue, IA
lerk of the City of Dubuque, IA
County Treasurer's Certificate / G
Dubuque, Iowa 6- - / 0 _, 2004
I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa do hereby certify that all taxes
levied against LOT B OF HOLLIDAY ADDITION AND LOT 2 OF 2 OF THE SE114 OF THE NE1/4 OF
SECTION 20, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA, have been paid
and said real estate is free from taxes as of this date.
A A ;(J A
Treasurer of Dubuqu6Cou60, IA
File Number: 2004-00010797 Seq: 7
Page 8 9f.13
Sheet 5 of 5
City Assessor's Certificate
Dubuque, Iowa , 2004
The foregoing FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND LOT A, AND LOT B OF
HOLLIDAY 3 11D ADDITION, IN THE CITY OF DUBUQUE, IOWA., was entered of record in the Office
of the City Assessor of the City of Dubuque, Iowa, on the date first written above.
-kzyy K2
City Assessor of the City of Dubuque, IA
County Auditor's Certificate
Dubuque, Iowa 6�1� ,_ �LP04
I, the undersigned, Denise M. Dolan, Dubuque County Auditor have reylo�;ed an-0,e ined''e
FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND LOT A, AND LOTQ:d , 3R4
ADDITION, IN THE CITY OF DUBUQUE, IOWA. The foregoing Surve"fat wiiii, t rec;rrof mord in
the Office of the County Auditor of Dubuque County, Iowa, on the datel� I ,eb e,;'
County Auditor of Du" unto, ' wa
Recorder's Certificate
Dubuque, Iowa 2004
The foregoingFINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND LOT A, AND LOT B OF
HOLLIDAY 3R° ADDITION, IN THE CITY OF DUBUQUE, IOWA., has been reviewed by the
Dubuque County Recorder.
Dubuqu ount ecorder
File Number: 2004-00010797 Seq: 8
Page 9 of 13w
)Z. it r
Pin 92 �04
2004 MAY 27 AN 10: 01
KATIV FLYNN THURL;OW
COUNTY RECORDER
Prepared by: Mercantile Trust & Savings Bank DUaUOUE CO.,IOWA FEES
� Maine0598f
172M-3
RELEASE OF MORTGAGE
Mercantile Trust & Savings Bank, a banking corporation of Quincy, Illinois
organized and existing under and by virtue of laws of the State of Illinois,
being trustee in one certain Mortgage given by TIMOTHY J. QUAG{LIANO, dated
OCTOBER 25, 2001, recorded as document #17973-01, in the office of the
Recorder of Deeds in and for DUBUQUE County, IOWA, hereby acknowledges the
full payment of the indebtedness secured by said Mortgage and in
consideration of such full payment doth hereby release the premises
described in said Mortgage, viz:
"SEE ATTACHED EXHIBIT All
IN TESTIMONY WHEREOF, said Mercantile Trust & Savings Bank, a corporation
as aforesaid, has caused these presents to be executed in its name and for
and on its behalf by its VICE PRESIDENT and attested by its ASSISTANT VICE
PRESIDENT and has caused its corporate seal to be hereunto affixed, all in
pursuance of power and authority duly given and granted by the Board of
Directors of said corporation and in accordance with the by-laws of said
corporation.
Dated this 13TH day of MAY, 2004 .
Attest: MERC ILE UST & SAVINGS BANK
BY / L l BY
Troy b. Kemp/ Ter . E y
j t' a.AgSISTANT VICE PRESIDENT It' s VICE PRE DEN
A f
1 .Ili
a �il
c..
File Number: 2004-00010797 Seq: 9
Page 10 of 13
RELEASE OF MORTGAGE
STATE OF ILLINOIS )
SS
COUNTY OF ADAMS )
I, DIANE M. DISSELER, a Notary Public in and for said County, in the State
of Illinois aforesaid, do hereby certify that TERRY L. EMBRY and TROY D.
KEMP the VICE PRESIDENT and ASSISTANT VICE PRESIDENT respectively of
Mercantile Trust & Savings Bank, a banking corporation of Quincy, Illinois,
duly organized and existing under and by virtue of the laws of the State of
Illinois, who are personally known to me to be the same persons whose names,
as such VICE PRESIDENT and ASSISTANT VICE PRESIDENT, are subscribed to the
foregoing instrument, as having executed the same in the name of and for and
on behalf of said corporation, appeared before me this day in person and
acknowledged that they, as such VICE PRESIDENT and ASSISTANT VICE PRESIDENT
respectively and pursuant to power of authority in that behalf duly granted
to them by the Board of Directors of said corporation, signed, sealed and
delivered the said instrument as their free and voluntary act and deed as
such VICE PRESIDENT and ASSISTANT VICE PRESIDENT respectively and as the
free and voluntary act and deed of said corporation for the uses and
purposes therein set forth.
Given under my hand and notarial seal, this 13TH day of MAY, 2004.
Notary Public
"OFFICIAL SEAL"
Prepared By: Mercantile Trust & Savings Bank DIANE M. DISSELER
Notary Public, State of Illinois
My C---ommission Expires 08/07/05
File Number: 2004-00010797 Seq: 10
Page 11 of 13
J t
Timothy J. Quagliano
Property Description:
Lot 1,Lot 3,Lot 4 and Lot b of QHQ Place in the City of Dubuque, Iowa according to
the recorded Plat there of and
. Lot 2 of two of the South East'/,of the North East'/,of Section 20,Township 89 North,
Range 2 East of the 5th PM of the City of Duguque, Iowa, according to the recorded Plat
thereof.
Lot 2 of Lot 1 of Lot 1 of Lot 1 of the NW '/,of the SW '/a, Lot 2 of Lot 2 of Lot 2 of the
E '/z of the SW 'A, and Lot 2 of Salvo-Salas Place, all in Section 16,Township 89 North,
Range 2 East of the 5th P.M.,in the City of Dubuque,Iowa, according to the United
States Government Survey and the recorded plats thereof,
Tract 1
Lot 1 of Lot 1 of Lot 1 of Lot 3 of the South West '/+of the South West %,of Section 16,
Township 89 North,Range 2 East of the 5th P.M.,in the City of Dubuque,Iowa,
according to the recorded Plat thereof,
File Number: 2004-00010797 Seq: 11
Page 12 of 13
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210
RESOLUTION NO. 248 - 04
A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE,
AND LOT A AND LOT B OF HOLLIDAY 3RD ADDITION, IN THE CITY OF DUBUQUE,
IOWA
Whereas_ there has been filed with the City Clerk a final plat of Lots 1 thru 8,
Inclusive, and Lot A and Lot B of Holliday 3m Addition, in the City of Dubuque, Iowa;
and
Whereas, upon said final plat appears streets to be known as Holliday Drive (Lot
A) and Payton Drive (Lot B), together with certain public utility easements, 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 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 Holliday Drive (Lot A) and Payton Drive (Lot
B), together with the easements for public utilities as they appear upon said final plat,
be and the same are hereby accepted; and
Section 2. That the final plat of Lots 1 thru 8, Inclusive, and Lot A and Lot B of
Holliday 3`d Addition is hereby approved and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon
said final plat, provided the owners of said property herein named, execute their written
acceptance hereto attached agreeing:
File Number: 2004-00010797 Seq: 12
Page 13 of 13
Resolution No. — 04
Page 2
(a) To reduce Holliday Drive (Lot A) and Payton Drive (Lot B) to grade and to
construct concrete curb and gutter and to hard surface with asphaltic concrete, or
with concrete paving with integral curb, all in accordance with the City of Dubuque
and IDOT standard specifications, all in a manner acceptable to the City
Engineer, in conformance with construction improvement plans approved by the
City Engineer and [DOT, and inspected by the City Engineer and IDOT.
(b) To install sanitary sewer main, water main, water and sewer service laterals into
each lot, storm sewers and catch basins, boulevard street lighting and erosion
control devices all in accordance with the City of Dubuque standard specifications,
all in a manner acceptable to the City Engineer, and in accordance with
construction improvement plans approved by the City Engineer, and inspected by
the City Engineer.
(c) To construct 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;
(d) 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 QHQ Properties, 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, except along State Highway 32 (Northwest Arterial).
The responsibility shall extend to all successors, heirs and assignees. Sidewalk
installation will not be required until the development of the lot has been completed,
except as required herein. In sparsely developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots approved by the plat have been developed.
All vacant lots shall have sidewalks installed upon development of 80% of the lots
approved by the plat.
Section 4. That storm water detention is provided through a service
agreement with the City of Dubuque. A copy of,the Storm Water Facilities Fee
Agreement was filed this d "" day of 2004 as Instrument No.
i00;4G•o, in the records of the Dubuque C my Recorder's Office.
Section 5. 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.
File Number: 2004-00010797 Seq: 13