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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 250 125 0 125 250 NORTH VICINITY MAP DRAWING MAY HAVE BEEN REDUCED 1 INCH = 250 FEET ~ ~ ~~ y 5TN 3T 0 6t~~ H o PROPOSED o DEDICATION AREA /~'~~ T '~ n ,+, a - `' . \ \ ~ i~ \ $~ y F gsTry'9o ~~~ sr ., ~ ,~ ,~ ' \\~ c NN N Q, i r N I n n I LOT 1 ~ ~ ADAMS COMPANY'S o i ~ 3RD ADDITION F ~ S31'09'10"W 233.16' I I N ~ ~ Z LOT 1 0 ~ ADAMS COMPANY'S 0 1ST ADDITION I`' co i No ~ BALANCE m 2.018 ACRES J i ~ N _ v ~ >I ~ `~ N ~ rn ~ I ut UBLIC SIDEWALK AND ' ~ SPRINKLER SYSTEM N31'49'21"E _ L'' p i EASEMENT, PER INST NO 22387-02 55.95' ~ ~ ~ LOT 1 A ~ 1,928 S.F. I ~ v ~ ~ N31'12'23"E n°'7 .~. 177.18' l ~= .J ~ 0 W 0 0 z `> N z W a n w FouNO~ J233.12'(233.04') f NAIL N I ~? 2 GRAPHIC SCALE O 0 100 200 1 "=100' DRAWING h1AY HAVE BEEN REDUCED DETAIL: NO SCALE BELL ST NO. W G N PLAT BOUNDARY FOUND 5/8"IRON ROD W/ ~ PLASTIC CAP NO. 15352 UNLESS NOTED ~ SET 5/8" IRON ROD W/ PLASTIC CAP NO. 15352 ® SET NAIL IN CONC ( ) RECORD INFORMATION POB POINT OF BEGINNING B 227.00 OUND NAIL NOTE 1'08'41"W 460.12' BELL ST ~ ~ THIS SURVEY IS SUBJECT TO EASEMENTS, ~lamond ?o, LlC PROPRIETOR:~~ENINSULA GAMING COMPANY, LLC SURVEYED FOR: YWS ARCHITECTS DATE OF SURVEY: JUNE 2007 m °w a K a ' TOTAL AREA SURVEYED: 3,352 S.F N 31 '09' 10"E COUNTY DUBUQUE PROJECT N0. 07724 PARCEL. N0. _ .~ LOCATION DUBUQUE, IowA ~ RIGHT-OF-WAY GQUISI.T~J1 0 AREA 3,352 S. F. W/ CAP ~ ~A1mc.~ J o, LLC OBLITERATED ~ ACQUIRED FROMT PENINSULA GAMING COMPANY, LLC 227.00' ~~~ ~~ O ~~ ~ fn ~ ~ LOT 3 ~ '~~ ADAMS COMPANY'S ° 2ND ADDITION ~ 9~0 BALANCE W r*i ~% 1.975 ACRES o ~2 .~' ~+ o ~ W PUBLIC SIDEWAUC do ~: SPRINKLER SYSTEM EASEMENT ~ (gin LOT 3A 1,424 S.F.1 ' POB + RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY ____._-_.______-_______________ OF RECORD AND NOT OF RECORD. 71 11 1 ~~ ~ S N EC IIW ENGINEERS & `~~~~7 ~ 0 ~11/q ~~~i~~ SUPERNSION AND T PERSON UY DIR PREPARED BY ME OR UNDER Y LICENSED LAND SURVEYOR UNDER THE LAWS of A U C SURVEYORS P ` ,,,,,„~ ~.`~* * ~~ ' THAT I AM D L THE STATE OF IOWA. . . INTEGRITY EXPERTISE. SOLUTIONS. ` THOMAS ~ = I ' FOR IIW ENGINEERS rE SURVEYORS, P.C. oveuoue, IA IuzELCUe+wl 1155 PENNSYLVANIA AVE. OUBUPUE.IA S]00? r _ _ - J. OSIER ~ ~ LS 15352: >° ~ ~j n Q ~~~~ l/. l~l~M 3~ a~d7 VOICE156 71 5 56-7x61 FAX (-X71356-]811 ,.,,~,.rwa,a,.~ , ~ ;~ ~: ; ~ 7HOMA5 J. OSIER ~~ DAB DRAWN SAF PLAT N0. 35-IA- ` ~' 'r ~~ " I"'', Je `~~ 007 15352 fJY LICENSE RENEWAL DATE IS 12/31 / 2 0 CHECKED TJO PROJ. NO. 07724 ry f ,,,,~ \ A N 0 ? ```` ',~~ ~ . LICENSE N / J DATE 06-21-07 SHEET 1 of 2 I 1 1~7 ~ ~~ ,II~I PAGES OR SHEETS COVERED BY THIS SEAL ~ CywN ~ :\07\700\724\DRAWINGS\07724-PLA' N I N N M m w 0 D~ r r. ~I 3 0 w 0 m 0 Q Q z z z w a N N I W ~I~ ~~~ O~ i L__ U a 0 m w w z z w z d_ v, W o `~ rn ~ I u, N LOT 1 ADAMS COMPANY'S 3RD ADDITION S31'09'10"W 233.16' LOT 1 c0 ADAMS COMPANY'S ~ 1ST ADDITION N c~ BALANCE m 2.018 ACRES J p~0 ~P (n w rn UBLIC SIDEWALK AND ' S EAISEMENTS PERM N31'49'21 "E ~ INST ND 22387-02 55.95' ~' LOT 1 A w 1,928 S.F, ~ J .p ,~ rn `~ N31'12 23 E N ~ I J._...._..177,18' ~ d ~ N31'09'10"E Cn ACQUISITION PLAT COUNTY DUBUQUE PROJECT N0. 07724 PARCEL, N0. -~ LOCATION DUBUQUE, IowA Q ~ RIGHT-OF-WAY ~QUI~I~ION AREA 3,352 S.F. W/ CAP ~ OBLITERATED ~ ACQUIRED FROMM PENINSULA GAMING COMPANY, LLC 227.00' n~~ '~~ ~ ~ 0 ~~ ~ ~ ~~ cn GRAPHIC SCALE 0 100 200 1"=100' LOT 3 ~ ~y ADAMS COMPANY'S 2ND ADDITION ~ 94a BALANCE ~ m ~o 1.975 ACRES o 2 ZO 9~ S ~ ~ O ~ ~ DETAIL: NO SCALE w ~ PUBLIC SIDEWALK do w SPRINKLER SYSTEM ~ EASEMENT w Oo - . LOT 3A `~ 1,424 S.F. BELL ST ' 1 "E 227 02' CAP No. w :1-`~~.~._.._._,._.._.:. _. 12631 - \ DRAWING MAY HAVE BEEN REDUCED LEGEND PLAT BOUNDARY ~ FOUND 5/8" IRON ROD W/ 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' ~~~~oA--Ynp'1d ~0, LLC PROPRIETOR:~PENINSULA GAMING COMPANY, LLC SURVEYED FOR: YWS ARCHITECTS DATE OF SURVEY: JUNE 2007 3 } m W Q a W a TOTAL AREA SURVEYED; 3,352 S.F / oUND NAIL NOTE BELL ST.~ N THIS SURVEY IS SUBJECT TO EASEMENTS, _ - POB +• RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. `~~„unnnnln~i THOMAS =~ J. OSTER . ~= ~ LS 15352 : a iii J+~ ~'~inm~~~\` 0 ~~` iz~zi'/Qlpq A1N Dp g\\\\~~ 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 P C DusuQUe.u HAZEL GREEN. WI , . . 4155 PENNSYLVANIA AVE. DUBUQUE,IA 5200. VOICE 1563)5562464 FAX (563)5567811 3a ~~~~ www.iiwengrwm 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 . /J ~ DATE 06-21-07 SHEET 1 of 2 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. ~~ B 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 ~~ µy ~a~m• Exp' i and for State of Iowa q ,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