Bell Street Widening at Diamond Jo~rri~: ci•rY or
DUB UE
Mr~stc°r~icce on fl~ic Mi~~rs~ippi
MEMORANDUM
September 21, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bell Street Widening at Diamond Jo
The dedication of additional right-of-way on Bell Street was one of the requirements as
part of the site plan approval for the Diamond Jo Casino building. This right-of-way was
needed to incorporate the sidewalk within the public right-of-way. Since the sprinkler
system and a small sliver of sidewalk will still remain outside the new 72-foot wide Bell
Street right-of-way, an easement is also required adjacent to the new right-of-way line.
City Engineer Gus Psihoyos recommends City Council approval of the acquisition plat
and acceptance of the proposed right-of-way dedication and sidewalk and sprinkler
system easement.
I concur with the recommendation and respectfully respect Mayor and City Council
approval.
~~ 1~~~
Michael C. Van Milligen
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY O!'
DuB E
Masterpiece on the Mis~issip~~i
MEMORANDUM
September 19, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Bell Street Widening at Diamond Jo
BACKGROUND
The dedication of additional right-of-way on Bell Street was one of the requirements as
part of the site plan approval for the Diamond Jo Casino building. This required added
right-of-way to be obtained from the Diamond Jo Casino property along the west side of
Bell Street to place the existing sidewalk along Bell Street on public property.
DISCUSSION
The attached acquisition plat dedicates the additional right-of-way required for the
widening along the west side of Bell Street and a consent of an easement for sidewalk
and sprinkler system along the northerly portion of Diamond Jo, LLC frontage. The plat
has been prepared by IIW Engineers & Surveyors, PC with the owner dedicating the
platted area for right-of-way and consenting to a sidewalk and sprinkler system
easement over Lot 3A of Adams Company's 2"d Addition. A small portion of the
sidewalk (less than 2-1/2" for a short distance) and a sprinkler system are located
outside the new right-of-way line.
RECOMMENDATION
Engineering recommends approval of the acquisition plat and acceptance of the
proposed right-of-way dedication and sidewalk and sprinkler system easement.
ACTION TO BE TAKEN
The dedication of right-of-way should be accepted by adopting the enclosed resolution
approving the acquisition plat.
Prepared by Ron Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Retum to: Jeanne F. Schneider, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4120
RESOLUTION NO. 493-07
A RESOLUTION APPROVING THE ACQUISITION PLAT OF LOT 1A
OF ADAMS COMPANY'S 1ST ADDITION AND LOT 3A OF ADAMS
COMPANY'S 2ND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA, AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY
FOR BELL STREET
Whereas, the City of Dubuque entered in an agreement with Diamond Jo,
LLC, pursuant to which they agreed to survey, plat, and dedicate right-of--way
along the west side of Bell Street to the City of Dubuque; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, an Acquisition Plat of Lot 1A of Adams Company's 1St Addition
and Lot 3A of Adams Company's 2"d Addition in the City of Dubuque, Iowa,
prepared by IIW Engineers & Surveyors, PC; and
Whereas, upon said Acquisition Plat of Lot 1A of Adams Company's 1St
Addition and Lot 3A of Adams Company's 2"d Addition in the City of Dubuque,
Dubuque County, Iowa, appears right-of--way and an easement for public
sidewalk and sprinkler system, which the owner, by said Acquisition Plat, has
dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the laws and statues pertaining
thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of Lot 1A of Adams Company's 1St
Addition and Lot 3A of Adams Company's 2"d Addition in the City of Dubuque,
Dubuque County, Iowa, for right-of-way and easement for public sidewalk and
sprinkler system as they appear upon said Acquisition Plat, be and the same are
hereby accepted.
Section 2. That the Acquisition Plat is hereby approved, and the Mayor
and City Clerk are hereby authorized and directed to execute the Plat for and on
behalf of the City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed
to file the Acquisition Plat and a certified copy of this resolution in the office of the
Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 1st day, of October, 2007
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RIGHT OF WAY DEDICATION
BELL STREET GRAPHIC SCALE
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® SET NAIL IN CONC
( ) RECORD INFORMATION
POB POINT OF BEGINNING
B 227.00 OUND NAIL NOTE
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PROPRIETOR:~~ENINSULA GAMING
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SURVEYED FOR: YWS ARCHITECTS
DATE OF SURVEY: JUNE 2007
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COUNTY DUBUQUE PROJECT N0. 07724 PARCEL. N0. _
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~ RIGHT-OF-WAY GQUISI.T~J1 0 AREA 3,352 S. F.
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ACQUISITION PLAT
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DRAWING MAY HAVE BEEN REDUCED
LEGEND
PLAT BOUNDARY
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PLASTIC CAP N0. 15352 UNLESS NOTED
~ SET 5/8"IRON ROD W/
PLASTIC CAP N0. 15352
® SET NAIL IN CONC
( ) RECORD INFORMATION
POB POINT OF BEGINNING
FOUND` J233.12'(233.04') POB 227•
NAIL N N S31'08'41 "W 460.12'
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PROPRIETOR:~PENINSULA GAMING
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SURVEYED FOR: YWS ARCHITECTS
DATE OF SURVEY: JUNE 2007
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TOTAL AREA SURVEYED; 3,352 S.F
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BELL ST.~ N THIS SURVEY IS SUBJECT TO EASEMENTS,
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OF RECORD AND NOT OF RECORD.
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I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS IIW ENGINEERS
PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERNSION AND
THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF SURVEYORS
P.C.
THE STATE OF IOWA. ,
MTEGRITI'. EXPERTISE. SOLUTIONS.
FOR IIW ENGINEERS k SURVEYORS
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. 4155 PENNSYLVANIA AVE. DUBUQUE,IA 5200.
VOICE 1563)5562464 FAX (563)5567811
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THOMAS J. OS1EP, DA DRAWN SAF PLAT N0. 35-IA-07
15352 MY LICENSE RENEWAL DATE IS 12/31/2007
LICENSE N0 ~ CHECKED TJO PROJ. N0. 07724
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PAGES OR SHEETS COVERED BY THIS SEAL ~ 0 R/wd' .~mvnn~»d~nReunurc\n~n~a_ai er
Page 2 of 2
SURVEYOR'S CERTIFICATE
I, Thomas J. Oster, 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 A of Adam's Company's 1 S` Addition in the City of Dubuque, Iowa being more particularly
described as follows:
Beginning at a found iron rod with cap no. 15352 at the northeasterly corner of said Lot 1 of Adam's
Company's l S` Addition in the City of Dubuque, Iowa;
Thence South 31 degrees 08 minutes 41 seconds West, 233.12 feet along the present right of way line of
Bell Street to the southeasterly corner of said Lot 1;
Thence North 59 degrees O1 minutes 50 seconds West, 8.47 feet along the southerly line of said Lot 1;
Thence North 31 degrees 12 minutes 23 seconds East, 177.18 feet;
Thence North 3l degrees 49 minutes 21 seconds East, 55.95 feet to the northerly line of said Lot 1;
Thence South 59 degrees O1 minutes 29 seconds East, 7.62 feet along the northerly line of said Lot 1 to
the point of beginning, containing 1,928 square feet more or less.
Also;
Lot 3A of Adam's Company's 2"a Addition in the City of Dubuque, Iowa being more particularly
described as follows:
Beginning at a found nail at the northeasterly corner of Lot 3 of Adam's Company's 2"d Addition in the
City of Dubuque, Iowa;
Thence South 31 degrees 08 minutes 41 seconds West, 227.00 feet along the present right of way line of
Bell Street to the southeasterly corner of said Lot 3;
Thence North 59 degrees O1 minutes 29 seconds West, 7.62 feet along the southerly line of said Lot 3;
Thence North 31 degrees 49 minutes 21 seconds East, 227.02 feet to the northerly line of said Lot 3;
Thence South 59 degrees O1 minutes 29 seconds East, 4.93 feet along the northerly line of said Lot 3 to
the point of beginning, containing 1,424 square feet more or less.
Lots lA and 3A 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.
OWNER'S CONSENT
(~.. ,Iowa ~ ~5~ ~ ~ , 20 ~ /
The foregoing plat of Lot lA of Adam's Company's ls~ Addition and Lot 3A of Adam's Company's 2"d
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 said Lot lA and 3A to the
public. We also consent to the Public Sidewalk & Sprinkler System Easement alq~3g the westerly line of
Lot 3A of Adam's Company's 2"d Addition as shown~rttl~ attached plat. ~~
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State of Iowa )
County of ) ss:
On this ~~ day of ~Oc U , 20~, before me, the undersigned, a Notary Public in and
for the State of owa, personally appeared ~c~na~~r~,n 5t~~c7\1 n and
n~r~ e ~ f a -'-'1/r1 to me personally known, who being by me duly sworn, did say that they
are the (~~h~~c~iuc, ~ceS and Ch i~~ ~ngn c ~a Q ~ ~e1' respectively, of said
corporation executing th within and foregoing instrument; that the instrument was signed on behalf of
said corporation by authority of its Board of Directors; and the said C(x~ and
CFO acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them volu rily executed.
N gFt~ES ..
E~ ~. B~~m ec 102368
~,^~ of JPN m,sg`on N~, a tary Public
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,o.,=r y Commission Expires: ,3J0~) ~ o
ATTORNEY'S OPINION
Davenport ,Iowa
August 16 , 20 07
TO WHOM IT MAY CONCERN
This will certify that I have examined the abstract of title covering Lot 1 (including what is now
LOt lA) of Adam` S Company `S 1 cY_ Addi ti nn anc~ T nt 3 (inrlnrlin.g th2t which is naw
Lot 3A) of Adam`s Comgany's_2nd Addition in thi~~ty of Dubuc}ue_, Iowa_
according to the plats thereof covering the period from government entry to July 30, 2007 certified
on that date by Abeln Abstract & Title Company and find that said abstract shows good and
merchantable title to said real estate in Diamond Jo , LLC f ; k; a Peninsula Gaming Companv , LLC
free and clear of all liens and encumbrances and shows taxes paid including taxes for the year
CITY COUNCIL
Dubuque, Iowa
20
The undersigned, Mayor and Clerk of the City of Dubuque, 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. the Dubuque City Council approved said plat.
Roy D. Buol
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa , 20
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
day of , 20_.
We approve the subdivision name or title to be recorded.
County Auditor of Dubuque County, Iowa
CITY ASSESSOR
Dubuque, Iowa , 20
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of , 20.
City Assessor of Dubuque, Iowa