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Asbury Plaza Business Park 1st Addition Final PlatTxE crrY of Dubuque j~j ~~ ~ ~ All A~;cacitr l...J l.1 Masterpiece on the Mississip~;! 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat Asbury Plaza Business Park 1st Addition DATE: November 26, 2007 Planning Services Manager Laura Carstens is recommending approval of a request for an extension of 180 days for submittal of securities by the developer, Motor City, LLC, for the work at Asbury Plaza Business Park 1St Addition. I concur with the recommendation and respectfully request Mayor and City Council approval. v ~~. ichael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF Dubuque DIJB E Masterpiece on the Mississippi 2007 November 20, 2007 TO: Michael C. Van Milligen, City Manager ~f''n~ FROM Laura Carstens, Planning Services Manager ct~ SUBJECT: Final Plat Asbury Plaza Business Park 1st Addition INTRODUCTION The final plat of Asbury Plaza Business Park 1st Addition was approved by the City Council at the August 21, 2006 meeting. As part of Resolution No. 400-06, the developer had 180 days in which to submit the necessary securities to the City of Dubuque. The developer requested and received an extension to providing the securities for public improvements from the City Council on June 4, 2007 (Resolution No. 333-07). The developer is now requesting a second extension of 180 days for providing the required securities for public improvements. Anew resolution and a copy of the materials sent to City Council for their August 2, 2006 and June 4, 2007 meetings are attached. Resolution No. 333-07 specifies that if the securities are not submitted within the 180 days of approval of the final plat, that the resolution approving the final plat becomes null and void. The developer has submitted a letter to the City Council dated November 15, 2007 requesting a new extension for provision of securities (copy attached). RECOMMENDATION The requested extension for submittal of securities has been reviewed by City Engineering staff and they have no objections to the requested extension. City staff recommends City Council approve an extension of 180 days by rescinding Resolution No. 333-07 and adopting the new resolution approving the final plat of Asbury Business Park 1st Addition. LC/mkr Attachments cc: Gus Psihoyos, City Engineer Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 RESOLUTION NO. 571-07 RESOLUTION RE-APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza Business Park First Addition; and Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and Whereas, the conceptual plan/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 Resolution No. 333-07 is hereby rescinded. Section 2. That the dedication of Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the Final Plat of Asbury Plaza Business Park First Addition is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to Resolution -07 Asbury Plaza Business Park First Addition Page 2 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 Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court (Lot G) 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 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; (c) To construct a private storm water detention facility (Lot B) in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. No building permit shall be issued until the detention basin is functional or with the written consent of the City Engineer; (d) To install sidewalks along all public streets in accordance with the typical cross section and improvement plans approved by the City Engineer; (e) 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; (f) 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 Motor City LLC; Projects Plus Ltd., 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 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that al public improvements Resolution -07 Asbury Plaza Business Park First Addition Page 3 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 Motor City, LLC.; Projects Plus, Ltd. fails to execute the acceptance and furnish the guarantees provided in Sections 3 and 4 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 3rd day of December 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 07 I, the undersigned, Wendell Corey, President, representing Motor City, LLC, having read the terms and conditions of the foregoing Resolution No. -07 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 2007. By Wendell Corey, President ~o~o~ ~~~~ ~~~ 825 S. TAFT AVE. * MASON CITY, IOWA 50401-7345 TEL: (641) 424-3330 FAX: 421-7733 corey.projects@gmail.com November 15, 2007 Jeanne F. Schneider City of Dubuque -City Clerk 50 West 13th Street Dubuque, IA 52001-4864 Re: Final Plat -Asbury Plaza Business Park First Addition Dubuque, Iowa Dear Ms. Schneider: The Dubuque City Council approved the Final Plat for Asbury Plaza Business Park First Addition on June 4, 2007. We are requesting a 180 day extension referenced in Section 4 of the Resolution to provide time for us to provide the City with the required performance guarantee. Please call if you have any questions... . C7 Sincerely, ~~ ,° ~ ~~ C ~ `fii 1. ..__., ~ ~. ~ ~. /~ C'J ~'' 'L7 '~ Wendell W. Corey D ~ ~ r°`ii ~ w 0 v Copy: Mr. Kyle Kritz, Planning Services, 50 West 13th Street, Dubuque, Iowa 52001 THE CITY OF DuB E MEMORAl~TDUM ~-~-~ uN~~v ~~~ ~ ~,n April 30, 2007 D`~1 ~ ~i0~ D~. TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat Asbury Plaza Business Park 1st Addition The final plat of Asbury Plaza Business Park 1St Addition was approved by the City Council at the August 21, 2006 meeting. As part of Resolution No. 400-06, the developer had 180 days in which to submit the necessary securities to the City of Dubuque. The developer is now requesting an extension to provide the securities for public improvements. Planning Services Manager Laura Carstens recommends City Council approval of a 180-day extension by rescinding Resolution No. 400-06 and adopting a new resolution approving the final plat of Asbury Business Park 1St Addition. I concur with the recommendation and respectfully request Mayor and City Council approval. 2 ~' - Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE QTY OF ~~ MEMORANDUM ~~~ L i T7 C o~N~, r/ August 15, 2006 ~P~~~ 7~b vB-Z~-ors TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Plat -Asbury Plaza Business Park First Addition Planning Services Manager Laura Carstens is recommending approval of the final plat of Asbury Plaza Business Park First Addition subject to final approval of the annexation of a portion of the plat to the City of Dubuque. A portion of the submitted final plat includes property that was part of that annexation approved by the City Council, and the State of Iowa's City Development Board. The annexation is not yet final, because there is a 30-day appeal period after the annexation is filed with Dubuque County by the City Development Board. The plat subdivides approximately 150 acres into seven commercial lots for properly owned by Motor City LLC, located north and west of Asbury Plaza Shopping Center. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCV~h Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE QTY OF DUB E ~,~~ MEMORANDUM August 15, 2006 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Final Plat -Asbury Plaza Business Park First Addition INTRODUCTION The submitted final plat of Asbury Plaza Business Park First Addition subdivides approximately 150 acres into seven commercial lots for property owned by Motor City, LLC (Wendell Corey) located north and west of Asbury Plaza Shopping Center. The submitted final plat includes the construction and dedication of three new city streets and an extension of the existing public street, Plaza Drive. DISCUSSION The submitted final plat of Asbury Plaza Business Park First Addition creates seven commercial lots arranged along an extension of Plaza Drive and three new public streets. All streets within this subdivision will be built to the City's collector street standard of 60 foot of right-of--way and 37 feet of paving. The applicant, Wendell Corey, has been grading the property based on preliminary grading approval, after review and approval of the conceptual/preliminary plat for Asbury Plaza Business Park. The extension of Plaza Drive extends this roadway from its intersection with the Northwest Arterial (Highway 32). Eventually, Plaza Drive will connect to Derb~r Grange Road as, shown in the documents submitted by both Wendell Corey and John Herrig during the annexation of their property to the city of Dubuque. RECOMMENDATION The submitted final plat of Asbury Plaza Business Park First Addition is in substantial compliance with the City of Dubuque Subdivision Regulations. A portion of the submitted final plat includes property that was part of that annexation approved by the City Council, and the State of Iowa's City Development Board. The annexation is not yet final, because there is a 30-day appeal period after the annexation is filed with Dubuque County by the City Development Board. Staff recommends that the City Council approve the submitted final plat subject to final approval of the annexation of a portion of the plat to the City of Dubuque. Attachments cc: Gus Psihoyos, City Engineer /- - TFIE C11Y OF DUB `-~%,.9. mac. PLANNING APPLICATION FORM City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 QVariance QRezoning QSimple Site Plan QAnnexadon ^ Conditional Use Permit QPlanned District QMinor Site Plan ^ Temporary Use Permit ^ Appeal QPreliminary Plat ^Major Site Pfan QCertificate of Economic Non-Viability ~ Speaal Exception QMinor Fnal Plat ®Major Fnai Plat QCertificate of Appropriateness QLim~ed Setback Waiver QText Amendment ^ Simple Subdivision QOther. Please tvoe or taint legibly in ink Property owner(s): Motor City LLC: Projects Plus Ltd. Phone: 641-424-3330 Address: 825 5. Taft Ave. City: Mason Gtv State:. IA Z1p: 50401-1503 Fax Number: 641-421-7733 Mobile/Cellular Number: 641-430-2824 Applicant/Ageni~ Wendell Corev Phone: 641-424-3330 Address: 825 S Taft Ave. Gty: Mason Gtv State: IA Zip: 50401-1503 Fax Number: 641-421-7733 Mobile/Cellular Number: 641-430-2824 5~te location/address: Located off of the north end of Plaza Drive behind Kohl's and Star ©nema Existing zoning: UD - PC Proposed zoning: PUD-PC Historic District: Landmark: Legal Description (Bidwell parcel ID# or lot number/block number/subdivision: Bidwell Parcel ID#1017200001:-002:-003•-004 & -006 Total property (lot) area (square feet or aaes):152.50 Acres Desoibe proposal and reason necessary (attach- a letter of explanation, if needed): Subdividing the development into "Asbury Plaza Business Park First Addition" - CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and con-ect 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 attadied. Property Owner(s): Motor City LLC: Projects Pius Ltd. Date: r~ Appticant/Agent: Date: < -.~-' d Wendell Corey, applicant/agent for otor Gty LLC and Projects Plus Ltd FOR OFFICE USE ONLY -APPLICATION SUB AL CHECIQIST Fee: tap Received by: ~ Date: •/~O6 Docket: € Ste/sketch plan € Conceptual Devel meet Plan Photo € Plat € Improvement plans € Design review project description., € Floor plan € Other: P:104\231\231-03\admin\final platting\Planning Appfi~tion Form 070506.doc SUBDIVISION STAFF REPORT Project Name: Final Plat Asbury Plaza Business Park First Addition Properly Owner: Motor City LLC Applicant: Wendell Corey Number of Lots: 10 Acreage in R.O.W: 3.27 Total Area: 152 acres In City: Yes In 2-Mile Area: N/a Flood Plain: No Density Allowed: 1/5,000 Commonly owned lots: Yes Sanitary Sewer: Future Water: Yes Storm Sewer. Yes Existing Street Access: Yes Proposed Land Use: Commercial Existing Land Use: Vacant Adjacent Land Use: North -Agricultural East -Agricultural South -Commercial West -Agricultural Proposed Zoning: PUD Existing Zoning: PUD Adjacent Zoning: North - R-2/C-3/A-1 East - CS/A-1 South -PC/A-1 West - A-1 Physical Characteristics: The subject property is located on the north and west sides of Asbury Plaza Shopping Center and is characterized by a rolling topography. The property generally drains to the northwest. Proposed Phasing: None. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: None. Proposed Streets and Grades: Plaza Drive, South Plaza Court, South Plaza Drive, North Plaza Loop. Recommended Motion: Motion to approve the submitted final plat of Asbury Plaza Business Park First Addition as it is in substantial compliance with City of Dubuque Subdivision Regulations, subject to final approval of the annexation of a portion of the plat to the City of Dubuque. Conformance with Comprehensive Plan: This subdivision meets the Comprehensive Plan Land Use Element Goals 2.2, 6.1, 7.2 and 10.1 and the Economic Development Goals 8.1 and 8.4. Subdivision Staff Report -Asbury Plaza Business Park First Addition Page 2 Impact of Request on: Utilities: Existing water mains are sufficient to handle the proposed development. The subject property will need to be served by a lift station that has not been constructed at this point. The subject property cannot be gravity fed from existing sanitary sewers in the area. The Engineering Department estimates that the necessary lift stations and force mains will be under construction by November of this year. Traffic Patterns: The subject property will be served by an extension of Plaza Drive, which is a public street and will be built to a 60-foot right-of-way width with 37 feet of paving. The applicant is also proposing construction of three additional public streets also to be built to the City's collector street standard of 60-foot of right-of- way and 37 feet of paving. Public Services: Existing public services are adequate to serve to the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development and adequate storm water detention is provided once the project is completed. Adjacent Properties: Planning staff anticipates that adjacent properties will most likely be impacted by increased levels of ambient lighting created by new developments and additional vehicle trips in the surrounding area. Recommended Conditions on Plat: None. Staff Analysis: The submitted final plat of Asbury Plaza Business Park First Addition subdivides an existing 152 acres north and west of the Asbury Plaza Shopping Center into seven commercial lots. This would be the first phase for Asbury Plaza Business Park and will be served by an extension of the existing city street, Plaza Drive. The subject property is owned by Motor City LLC (Wendell Corey) and was originally part of the land acquired by Wendell Corey in order to develop the Asbury Plaza Shopping Center. Mr. Corey subsequently became a partner of Rubloff Development of Rockford, Illinois, but retained sole ownership of the subject property and has since that time acquired additional properties to the west and north of Asbury Plaza Shopping Center. The City Council approved annexation and rezoning of these properties in July 2006. The State of Iowa's City Development Board approved the annexation on August 9, 2006. The annexation is not final until after a 30-day appeal period expires after the City Development Board records the annexation with Dubuque County. Asbury Plaza Business Park is a Planned Unit Development (PUD) and provides for a wide range of commercial, service and retail-type uses. The submitted final plat Subdivision Staff Report -Asbury Plaza Business Park First Addition Page 3 provides for the extension of Plaza Drive through the development, as well as the creation of three additional streets to be named South Plaza Court, South Plaza Drive, and North Plaza Loop. All streets within the subdivision will be built to the City's collector street standard of 60-foot of right-of--way and 37 feet of paving. The final plat also provides an access to property owned by Grandview Methodist Church that stubs into their property street being called South Plaza Drive. The subject property currently cannot be served by City sanitary sewer as it lies below the grade in which any of the City's existing gravity sewers are capable of serving the property. The City Engineering Department is in the process of letting an RFP for construction of the necessary lift station and force mains to adequately serve not only the property included in the final plat for Asbury Plaza Business Park First Addition, but also for property that the City recently annexed for John Herrig and Dean Butler. The City Engineering Department estimates that the necessary infrastructure will be under construction by November of this year. City water is available to the site through an extension of the main within Asbury Plaza. Storm water detention will be provided during each phase of development of Asbury Plaza Business Park First Addition. The submitted final plat of Asbury Plaza Business Park First Addition is in substantial compliance with the City of Dubuque Subdivision Regulations and Planning Staff would recommend the City Council approve the plat as submitted, subject to final approval of the annexation. Prepared by: Reviewed `~~9/~ '' ~ Date: ~' (`~ `d~ i BUTLERS t„ttl LOT 1 OFOF SE ~ Ia a OF 1LpT 3 Ppp1T10N 1 SW 1I 8, Zg9N. ~ t LOT ~ SE 1GTION 8, , SW 1Ia OF 9. -- °"p I GT,ON p.M• , I SE ,Ia sE LOT ~ a SEGT,ON FINAL PLAT _ sEC RZE OF 5tH T89N. R2E sw I RZE ASBURY PLAZA BUSINESS PARK - T89N _ FIRST ADDITION IN THE CITY OF I - - \ ~ 1 - DUBUQUE, DUBUQUE COUNTY, IOWA 1 LAND SURVEYOR OWNER/ SUBDIVIDER h ~ N ~ ~ J I I ~ \~ \ ~ 1 I J IIW ENGINEERS d( SURVEYORS, P. C. MOTOR CITY LLC ~ ~ z ` O NW 1/171 Z OF NW G x171 1 , a ~ 4155 PENNSYLVANIA AVE. C/O WENDELL COREY `* ~ W 1 £ FIa SEC , E 1 NE 1Ia sE ~ I 11a OF gN. R2E z PHB 563E~556 52464 825 SOUTH TAFT AVENUE o ~~ OF " RkE 1 ~g9N. RZE' ~ wl SEG 17, T8 ~ MASON CITY, IDWA 504 01-1 503 W w^ jg9 ~ _ EXISTING ZONING PHONE: 641-424-3330 z o ~ .SHEET 12 OF 7 ~ ~ SHEET 3 OF 7 I 1 FAX: 641-421-7733 o F ~ ~ " I 1=31 t- EXISTING ZONING IS PUD PLANNED UN17 ow 1~ ' < I ~ DEVELOPMENT WITH A PC PLANNED ~ ~ In for @~ TURE DEVELOPMENT I ~I i -COMMERCIAL DESIGNATION ` '~ I I i THIS SUBDIVISION IS COMPRISED OF: < I \ ` _ I _ _ THE W 1/2 OF NW 1/4 OF THE NE 1/4 OF SECTION 17, i ~ ~ ~ \ ~ ~~.1j~L,I"~, -' ~' -_ : I "___ -' __MATCH LINE TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., a .~ 1 `pT q LOT J ~2 59 -~- DUBUQUE COUNTY, IOWA I 1 4 „^, ~ ~ ••~ ' ~ 1 LoT s MINERA\' LOT AND Ewv I I •iorA C,3 - THEE 1/2 OF NW 1/4 OF THE NE t/4 OF SECTION 17, ~ -••- - -R. v _ _ _ _ TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P. M., z i. 1 1 ~ ~ SgUR p ioT s ~ LoioT 1 LoT D DUBUQUE COUNTY, IOWA o \~ SHEET 4 OF 1 7 1 I LOT 2 LoT s n ` AND ~ ~ a ~ ~ 1 ~ 1 ,•• Loi 7 11 LOT 6 N~UR12 THE NE 1/4 OF THE NE 1/4 OF SECTION 17, T89N, z 1/ .• \o SW 1I N 7N~g9N /itZE ~ I ~ ( / ,• ' \\`` ptp7.A R2E, OF THE STH P. M., IN DUBUQUE COUNTY, IOWA C w W SECT,O I j ~ I 1 '• loi 0 `\ ~ AND W Ins I ~ 3 I \` 11 `I '„!~ SW 1/4 OF THE NE 1/4 OF SECTION 17, TOWNSHIP 89 I: \ NORTH, RANGE 2 EAST OF THE 5TH P.M., DUDUOUE a ~ t 1 ; I 1 LOT a NOgUR2 1\\' 1 ASeURq 11 COUNTY, IOWA m - - - - - - - l - I- - ~ - ~ - ptP1P t 1, PLp7A NO. 1 ~ AND W I I 1Ia LpT 1 1 t \ LOT 2 ASBURY PLAZA NO. 3 IN THE CITY OF DUBUQUE, E ` DUBUQUE COUNTY, IOWA < I 1 f a S , p56URY ~~. a' NORTH I sEC~10RZE' ; ptp26I,5HEE1'~_ INDEX ~I T89N' NO. 1 ~ ~ ~ ~ DATE PREPARED: JULY 10, 2006 GRAPHIC SCALE q~~1111~~~~~14ry,~ , I NEREBT LER ICY iM11i IMS LAND SURYLYINC DOCUM(NT WAS PRCPARED O 400 `,.•`~~, 1 O Wq y~ AND 1H[ R(LAiEO SURKT WpRK WAS P(RfDRMEO Bl' ME DR UNDER MY IIW ENGINEERS & 8DD ,,.•••• .,, DIRECT P[RSONAI SIMERNSION AND INAT 1 A4 A Wl7 IICLN$D IANp ' SURVEYORS, P.C. ~~ ~`,,* ` ,•' ••. ~''; S1IRVEYOII UNDIR iNC LAWS DE IN[ SIAfE DF IOWA. • RIiEDAIiY. IJI(ERTISE SOLUTIONS. _ :• WRAP A. ~. ~. FOR EW nwR1E[RS a suRV[roRS, v.G nRUWE,u R..inouWtlW CHILDERS e ' auEENMr1 vAxlA AVC. wnuOUE,u lmot 1 ~~= 400 _ ~ o _ /y~~ ~ r , // Z~~ vatcNSnu~aa, ruo IwIN~.nN i ~ : lS 11306;: a n ~"f ~ mm..x... ,,,,, DRAWING MAY HAVE BEEN REDUCED ': y•'•., ,;• ~ ;` " AYE AiNRDslrs DALE DRAWN qp0 ptgT NO. 73-In-06 SHEET. 1.OF 7 ~"'~•,;;fo ~""""~~•S`~p•`~~` LICENSE NO. 11]06 MT LICENSE RENEWAL DALE 15 17/]1/7007 CHECKED WAC PROD. NO. 04231-03 ~~ ~ ~"~~n„AND ` DATE 07-10-06 SHEET 1 0l 7 oAC(s aR sNEEIS covEa(D er tws SEAL ~P-[UL~ 7 p; \pq\231\231_02\Og231-02\O WG\Og231-03_FF • ~ I ~ FINAL PLAT LOT i BUTLER'S HILL I LOT 3 BUTLER'S HILL. I LOT 1 OF LOT 2 SW 1/4 I ASBURY PLAZA BUSINESS PARK SECOND ADDITION SECOND ADDITION I OF SE 1/4 SECTION 8, FIRST ADDITION IN THE CITY OF T89N, R2E OF 5TH P.M. D UBUQUE, DUBUQUE COUNTY, IOWA N89'20'31"E 1322.48' - - N 1 14 COR. SEC. 17, NE COR. NW 1/4-NE 1/4 - - T89 N, R2E SEC. 17, T89N, R2E I CONC. MO I 5/8" IRON ROD W/ GAP /J11306 LEGEND e \ I ~ I \ I 1. o ® FOUND 1/2" IRON ROD W/ PLASTIC < ~ I \ n CAP NO. 14417 UNLESS NOTED APPROX. LOCATION OF 100-YEAR FLOOD; r SET 5/8" IRON ROD W/ PLASTIC ~ 'o ZONE A- BASE FLOOD ELEVATIONS AND J w CAP NO. 11306 UNLESS NOTED ~. FLOOD HAZARD FACTORS NOT ~ ~ FOUND SECTION CORNER n DETERMINED PER FIRM NO. 190534 00858 1 Q T \ EFFECTIVE DATE: SEPT. 1, 1983 w SE SECTION CORNER Y ` I ~ ( ) RECORD INFORMATION M ~ i n SUBDIVISION BOUNDARY M M ~ _ of I Z LOT LINE ~ 1 '~ _ - -EASEMENT PER THIS PLAT E 1/4 T I 9N. R2E I ~4 4j6yN• g2E I N i ~ - - ExISTING EASEMENT 1/4 NW SECTION 17 N ~ 38 C ; 1~2 Of /Z 05E; ~~ W A 4 SE ~ N , ~ o a NE 1~ NE \ "E u T89N, R2E ~ N \ v I C) ~ Z i \ SLOT B- FUTUf~EI DEVELOPMENT z 1 \ 5,476,739 SF, 11.25.73 ACRES I NORTH I W SE COR. NW 1/4-NE 1/4 ~ ( GRAPHIC SCALE _ 3 SEC. 17, T89N, R2E ~ " 0 200 400 1/2 IRON ROD W/ 3 I \ CAP N0. 14417 a I ; N90' 0'00"E \ ~ 683.40' 1"=200' SW COR. NW 1/4-NE 1/4 _c v DRAWING MAY HAVE BEEN REDUCED m SEC. 17, T89N, R2E I o n 1/2" IRON ROD W/ CAP NO. 14417 0 ,o ~ 6: ~t7') v°~'r N89'45'36"E 131 9' (1314 _ `a _ _ _ _ ~ - _ _ _ MATCH LINE SEE SHEET 4 OF 7 _ _ _ DATE PREPARED: JULY 10, 2006 IIW ENGINEERS & SURVEYORS, P.C. MTEORRY. E%PERi19E. 90LVf10N9. r nu ln x p :u xA1naEEfN, N1 1111 PENNSYLVANIA AVL MRINl11E,U fNx1 VOILE 11{111lL1N1 iA% Iff11l1FtS11 xwr.N",nOAV" DI~i1WN ARC PLAT NO. 7J-IA-06 CHECKED WAC PROJ. NO. 04231-03 SHEET 2 OF 7 __ DATE 07-10-06 SHEET 2 of 7 P: \04\231\231-02\042J1-02\DWG\04231-03 F ~ FINAL PLAT Lor 1 sE i/4 OF SE 1/4 SECTION 8, T89N, R2E I LOT 1 sw 1/a oF~ sw 1/a SECT ASBURY PLAZA BUSINESS PARK ' ' " ' ION 9, T89N, R2E FIRST ADDITION IN THE CITY OF N89 20 31 E 1322.48 DU - - - - _ _ _ _ BUQUE, DUBUQUE COUNTY IOWA m -' - NE CDR. SEC. 17, T89N, R2E _ , ry n ( `EXISTING 1 ROD WIDE (16.5') CONC. MON. SUBDIVISION AR A SUMMARY ELECTRIC EASEMENT ~ B001< OF LANDS 27, PAGE 524 LOT 1 1.79 ACRES 77,973 SF wo LOT 2 3.72 ACRES 161,821 SF `a ~ `~ ~ LOT 3 2.76 ACRES 120,966 SF LOT 4 6.49 ACRES 282,639 SF w Z LOT 5 1.48 ACRES 64,618 SF 2.28 ACRES 7 99.233 5F v i LOT 1.66 ACRES 72,254 SF ~ w 1.83 ACRES 79,670 SF ~ ~ LOT A LOT 8 125.73 ACRES 5,476,739 SF ~ I n `~ LOT C 0.23 ACRES 10,139 SF l0T D 0.79 ACRES 34 542 SF a ~ ~ a LOT 1-1 MINERAL LOT 459 TOTAL 152.50 ACRES n Q 4 018 14``RZE NE ~~ SOU A r Z O P ~ 7 SEC• / 3 3 ~ TH PIAZA COURT, AND SOUTH PIA A DRIVE) ARE DEDICATED TO THE CITY OF DUBUQUE F "+ M N OR STREET PURPOSES co i. . I ° r .° LOT B IS FOR FUTURE DEVELOPMENT a LOT. B- FUTURE DEVELOPMENT o o ~ ~ ~ . LOT C IS A COMMON AREA AND FOR SIGNAGE. EXISTING 40' WIDE PIPELINE EASEMENT ` '- LOT D IS A COMMON AREA. I eooK 6z, PAGE 440 ~ SEE SHEET 6 FOR ~ EASEMENT DETAIL NORTH W z W I SOD'00'00°E EXISTING 40' WIDE PIPELINE EASEMENT 70.90' -~ - _ _ _ GRAPHIC SCALE : 800K 62, PAGE 440 0 200 400 I N90'00'00"E LOT 1-2 MINERAL LOT 459 0 500'00'02"W 341.01' 60.0 ' 64.68' SE CDR. NE 1/4-NE 1/4 1"=200' N89'45'36"E - 859.05' -I N89'45'36"E 472 75' SEC. 17, T89N, R2E " DRAWING MAY HAVE BEEN REDUCED y; T- " '- . _ 1/2 IRON ROD W/ CAP NO. 14417 ` MATCH LINE SEE SHEET 5 OF 7 DATE PREPARED: JULY 10, 2006 SHEET 3. OF 7 r MATCH LINE SEE SHEET 2 OF 7 APPROX. LOCATION OF 100-YEAR FLOOD; ZONE A- BASE FLOOD ELEVATIONS AND I FLOOD HAZARD FACTORS NOT I DETERMINED PER FIRM NO. 190534 00858 EFFECTIVE DATE: SEPT. 1, 1963 N h m s 0 W 0 i 1' i d 0 rc ~, 0 b s m W i W `a ~I a M M SE 1/4 NW 1/4 SECTION 17, ;'~ T89N, R2E ~ LOT B- FUTURE DEVELOPMENT I 0 t7 M o SW S\ON ~ Njg9Na RZE' / N SEC N O O I SEE SHEET 6 FOR EASEMENT DETAIL NORTH GRAPHIC SCALE 0~ 200 400 1 "= 200' DRAWING MAY HAVE BEEN REDUCED w CENTER SEC. 17, T89N, R2E 5/8" IRON ROD W/ CAP I NE 1/4 SW 1/4 I SECTION 17, T89N, R2E NO. 10134 ' ~ I I I Z EXISTING 50' WIDE TRANSMISSION LI ~ S00'Ol'37"W I ( NE EASEMENT BOOK 61, PAGE 2 ~ F - _ f.-..I -..-..30_02. - -a 9'28 ~ $89'33'26"W 1322.31' (1322 43')I SE COR. SW i/4-NE 1/4 _ _ 270.53' ' . SEC. 17, T89N, R2E • 5/8" IRON ROD W/ CAP N0 4016 LOT i ASBURY % . i PLAZA NO. 6 NW 1/4 SEIi/4 .SECTION 17, T89N, R2E I I /i ~ SHEET 4~ OF 7 CURVE LENGTH RADIUS D CH. BRG. CH. DIST. C1 415.92' 268.41' 88'47'02" S44'13'15"E 375.54' C2 53.06' 970.00' 3'08'03" N89'49'12"E 53.08' C3 56.34' 1030.00' 3'08'03" N89'119'12"E 56.34' FINAL PLAT ~ LOT 4 ASBURY PLAZA BUSINESS PARK I i 262,639 SF FIRST ADDITION IN THE CITY OF I DUBUQUE, DUBUQUE COUNTY, IOWA 15$8'36'46"E N01'23'14"E-~ 60.00' 1 I II~~.oo N8~'36'46"W o fi3.16' N ~' 17 2 3 Sg A ~I NO, p1.P IP Z nl .- . / '---EXISTING I n w 40' WIDE o n / of PIPELINE ( EASEMENT BOOK 6 In ~ w °ol 2, PAGE 437 Z ~ ~ I w DATE PREPARED: JULY 10, 2006 IIW ENGIIJEERS & SURVEYORS, P.C, MTEGRITY. ERTERTISE 90LMON5, R"E11pUE.lA N~1td O1LW,IVI 1111 IEIMlYLVANIA AVE WYIIQUF.U f10Y1 VOI[E If1)I1f1-1111 fA% I1[II116H11 wv".Nm DRAWN ARC PLAT NO. 7, CHECKED WAC PROJ. NO. 04 DATE 07-10-06 SHEET 4 of O6 Y N ri 3 0 wl m 0 N d n i d NW W z s m 8 W R d !~ i- - MATCH LINE 3 :r B0' • - SEE SHEET 3 OF 7 ° ~ LOT 3 N ^ tO NORTH PLAZA EOM FINAL PLAT ° n •r M ,* lOT 1-2 MINERAL LOT 459 0 0 12o,sss sF o N ~ LOOP ~ ~; o ° o LOT 2 ~ M M ASBURY PLAZA BUSINESS PARK Z N18'S7'S4"E N ^ 161,821 SF N ~; SOUTH PLAZA DRIVE FIRST ADDITION IN THE CITY OF N88'15'10"E 61.42' U ro 245.01' 196.67' c4 6 u 51857'54"WN81.0B~p5"E 'fem. SEE DETAIL "B" DUBUQUE, DUBUQUE COUNTY, IOWA LOT A PLAZA DRIVE Ig D 61.4Z' 259.23' r- (N89'25'36"E 689.27') 0 229.09') 149.44 CSB~ S,~ • v~ , o E v°i "' 9'25'27"E 689.25' 'a ° N88'15'10"E yo rno N N81'O6 7.89 LOT p 501.36, 45.78' - _ ~ P LOT 6 `~`~~. LOT 5 ~ ~ ~ 249.55 OT ~ J 34,542 SF 5 .- o ~ ~. 64,618 SF S ~ u• ~ 465.4 ~ DETAIL "B" 0 99.233 SF s ~. '1 6o A3.• 9 . J 77,973 SF g5 Z ~•' ~ g.l, S ~ W 111. LOT A ASBURY SOUTH ~ ~ NO SCALE yiT~ 1"~ gURYNO ~3 F ~~'~ ~~ `~~i~ ~9, ~~' \ X918 ~~ 1 A'03 24" PLAZA NO. 14 pRIVE o ~°n FOUND 5/8' •%y~J.PIpZA yy>, GQJ ,ya`ti• S , ~5 ~ IRON ROD s~~?~y ti~a~~6 P~'P ~'~ 72,0254 SF 1 115 • 8Yt\_ LOT C \ N o NO. 9651 ~'~ ~~ Q~ ? o e, 1~6 6 65 ~ y~ 10,139 SF \ °' LOT B J~~ O~ s Aar '~ 0' (~ LOT 6 ASBURY PLAZA N0. 12 ~ ~ r' .~'' °~ ~' \ LOT 1 ASBURY 11~ so. .yg~~5h 18.09' ~•y~,y0^J SEE DETAIL\'\ y~ PLAZA NO. 14 ss?• so 55'` LOT 8 ~' \ mG\ ~d ssr2i~ , 79,670 SF ~ '~ 9 , f•. 2~~i. 546'32'51"W \ p ~y x F ~ i9~. e' 10°' 63.16' ~ \ ~'~ ~~1~?9 F ~6`, ELg gg 9~ \ ~ u`, _ ~ s6,, bog. ->' \ \ `~6' ~6'• 11 •`'So SEE SHEET 6 FOR \ 2 ~ ~ ~ ~'~~. ~ o~~-~rq ~' ~ EASEMENT DETAIL \ ~ \ ~ DETAIL "A"~1'6 w g° 6g ~ In ,y.~~,•~~'h1 \N \ NO SCALE 5 ~\ \ LOT 4 ASBURY PLAZA NO. 12 ~ j \~~\ LOT C IS A COMMON AREA AND FOR SIGNAGE. NORTH \ p\ LOT D IS A COMMON AREA. F- ~ ~L~, GRAPHIC SCALE g ~ \ ~' ` 0 200 400 ~ ~ \ \ . 1 "= 200' ~ \ \ ~ ~ DRAWING MAY HAVE BEEN REDUCED LINE CH. BRG. CH. DIST. CURVE LENGTH RADIUS DATE PREPARED: JULY 10, 2006 L7 500'00'00"E 66.25' C4 ~ CH. BRG, CH. DIST. IIW ENGINEERS & L2 N51'S8'55"E 65.35' 116.38' 405.14' 16'27'30" N83'30'49"W 115.98' C5 151.14' 405.14' 21'22'27" N56'O6'15"W 150.26' SURVEYORS, P.C. L3 N51'S8'55"E 56.96' C6 RlTEORI7Y. E%~ERTIEE soEVrpNS. L4 N00'34'33"W 137.79' C7 271'25' 345.14 .45'01'49" N69'13'39"W 264.33' °'""0""" ""E~`°°°'•°~ 56.27' 170.00' ~ ~Iff EENNEYLVNIIA EVE, "usu~us.~ 18'JT53" N09'28'58"E 56.01' - w~cEn~n~fEaw Eex pnueE.mr • C8 76,13' 230.00' 18'57'52" N09'28'S8"E 75.78' DRAWN qRC ~'""plgT NO. 73-1A-06 SHEET 5 OF 7 C9 78.78' 155.00' 29'07'11" 566'32'30"W 77.93' CHECKED WqC PRO). NO. 04231-03 C10 48.28' 95.00' 29'07'11" $66'32'30"W 47.76' DATE 07-10-06 SHEET 5 of 7 ri e 0 W 0 i Z a n e a a z b 3 m W a I EXISTING 40' WIDE LOT B- (FUTURE DEVELOPMENT PIPELINE EASEMENT TEMPORARY BOOK 62, PAGE 440 INGRESS/EGRESS ~* 0.0 EASEMENT 0 o LOT B ..-..-..- .._.. a. .-..-..~ :LOT 4 I 15'---• a ~-.15' I LOT 3 ~ a 1 J LOT 2 I tl PUBLIC STORM 15' PUBLIC Z SEWER EASEMENT 3• UTILITY EASEMENT 15' I o LOT A PLAZA DRIVE `.~ • • DRIVE TEMPORARY 8713 r - ~ ' v LAZA 1 INGRESS/ 20' U.E. f-~- 15'~ EGRESS I LOT 6 LOT 5 ~ L LOT 1 EASEMENT I 1g' C I ASgUR'I NO 3~ • . I LOS 2 ~p PLPZP GOJ~~/ • LOT 7 FINAL PLAT ASBUKY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA "EASEMENT DETAIL" LOT 1-2 MINERAL l0T 459 LOT _ LOT A ASBURY PLAZA NO. 14 LOT 1 ASBURY \ ~ /4 OF I LOT B o / ~,P~' , ~ ~ ~ PLAZA NO. 14 \ SW ~/q '~ Q ~~\ LOT 6 ASBURY PLAZA N0. 12 N~G'{10N 17 f--EXISTING J~`Z` l• \ SE RAE 40' WIDE O . ' ~ 17.2' \ '9 Z$9N' PIPELINE 61.2' ~~ 15' \ .9~ ~ r I EASEMENT T ~ I BooK s2, LOT 8 L15' ~ ~~ I PAGE 437 ~~ ,~ TEMPORARY• ~ INGRESS/ EGRESS I I EASEMENT I I I TEMPORARY INGR s /FCR c A M NT D FIN O• TEMPORARY INGRESS/EGRESS EASEMENT FOR USE BY THE PUBLIC AS ATURN-AROUND AREA FOR VEHICLES TRAVELING ON THE ADJOINING DEDICATED STREET, INCLUDING RIGHTS TO THE CITY OF DUBUQUE TO MAINTAIN AND REPAIR ROADWAY WITHIN SAID INGRESS/EGRESS EASEMENT. SAID INGRESS/EGRESS EASEMENT RIGHTS SHALL COMMENCE AT THE TIME THIS PLAT IS RECORDED AND TERMINATE UPON EXTENSION OF ROADWAY. SHEET 6 OF 7 9 ~~~ 15.5' ~'~f PUBLIC STORM •o ~ X9 \ LO 1 \ NORTH \C SEWER y \ 1g' ~ PUBLIC DETAIL UTILITY EASEMEN \ ~\ \ N GRAPHIC SCALE \ 0 200 400 V NO SCALE EASEMENT \ \ \ 1 "=200' DRAWING MAY HAVE BEEN REDUCED LOT 4 ASBURY PLAZA NO. 12 \ \ 1 \ PUBLIC UTILITY ACFI aFN ~ ~ DATE PREPARED: JULY 10, 2006 ~ AN UNOBSTRUCTED EASEMENT FOR THE IIW ENGINEERS & CONSTRUCTION AND MAINTENANCE OF ALL SURVEYORS, P.C. NECESSARY OVERHEAD, UNDERGROUND, INTEONTY. IM~ERTIfE SOLII~IONf. OR SURFACE CITY OWNED UTILITIES AND ,11f I[rm~YLVANU AVE wel `~`~'~~" "~"`~°''"' tl U ima UTILITIES ENFRANCHISED BY THE CITY g l E ''O1e"Q" ; """"""Ojf1" IN ~ , e...n e. CLUDING RIGHTS TO CONDUCT STORM WATER DRAIN ORi1WN ARC PLAT NO. 73-IA-O6 AGE AND TRIMMING ON SAID EASEMENT CHECKED wnc PRO.t. No. oaz3t -oa . DATE 07-10-06 _ SHEET 6 of 7 PLANNING SERVICES Dubuque, Iowa 20 The foregoing plat 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 Planner -Laura Carstens 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. CITY OF DUBUQUE, IOWA Roy D. Buol Mayor of the City of Dubuque Jeanne F. Schneider Clerk of the City of Dubuque ATTORNEY'S OPINION DUBUQUE, IOWA To wham it may concern: This will certify that I have examined the abstract of title covering: May 21, 2007 TRACT I: The South West 1/4 of the North East 1/4, of Section 17, in Township 89 North, Range 2 East of the 5'~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof; and Lot 2 in Asbury Plaza No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II: The East half of the North West 1/4 of the North East 1/4 of Section 17, and, The West half of the North West i/4 of the North East 1/4 of Section 17, in Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United Statement Government Survey thereof. TRACT III: The North East 1/4 of the North East 1/4 of Section 17, Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United States Govenunent Survey thereof. covering the period from root of title to Aprii 17, 2007 at 8:00 a.m. certified on that date by Abeln Abstract & Title Company, and by updated oral search provided by Abeln Abstract & Title Company on May 21, 2007 for a search of the records through May 15, 2007 and find that said abstract shows good and merchantable title in: Motor City LLC, free and clear of all liens and encumbrances except as shown below and shows real estate taxes paid for the fiscal year July 1, 2005-June 30, 2006, subject to the following: Real Estate Taxes: Real estates taxes for fiscal year July 1, 2006-June 30, 2007, which are due, owing constitute a lien but are not yet delinquent. Mortga es: (a) Areal estate mortgage from Projects Plus, LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated October 1, 2002, and filed with the Dubuque County Recorder on October 3, 2002, as Instrument No. 18033-02. This mortgage, which secures credit in the amount of $500,000.00, remains unsatisfied and constitutes a lien on the premises. (b) Areal estate mortgage from Projects Plus LTD, as mortgagor; to Blue Sky, Inc., as mortgagee, dated January 15, 2003, and filed with the Dubuque County Recorder on 7anuary (c) Areal estate mortgage from Motor City LLC, as mortgagor, to Vicki Corey, as martgagee, dated April 23, 2004, and filed with the Dubuque County Recorder on Apri126, 2004, as Instn,unentNo. G784-04. This mortgage, which secures credit in the amount of$150,000.00, remains unsatisfied and constitutes a lien on the premises. (d) Areal estate mortgage from Projects Plus LLC and Motor City LLC, as mortgagors, to Blue Sky, Inc., as mortgagee, dated July 27, 2004, and filed with the Dubuque County Recorder on July 30, 2004, as Instrument No. 13299-04. This mortgage, which secures credit in the amount of $100,000.00, remains unsatisfied and constitutes a lien on the premises.. (e) Areal estate mortgage from Proj ects Plus LTD and Motor City LLC, as mortgagors, to Blue Sky, Inc., as mortgagee, dated August 17, 2004, and filed with the Dubuque County Recorder on August 20, 2004, as Instrument No. 14792-04. This mortgage, which secures credit in the amount of $160,000.00, remains unsatisfied and constitutes a lien on the premises. (f) Areal estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated September 21, 2004, and filed with the Dubuque County Recorder on September 27, 2004, as Instrument No. 2004-16960. This mortgage, which secures credit in the amount of $125,000.00, remains unsatisfied and constitutes a lien on the premises. (g) Areal estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated January 28, 2005, and filed with the Dubuque County Recorder on February 3, 2005, as Instrument No. 2005-1653. This mortgage, which secures credit in the amount of $1,000,000.00, remains unsatisfied and constitutes a lien on the premises. (h) Areal estate mortgage from Motor City LLC, as mortgagor, to Capital Resources Group, LLC, as mortgagee, dated April 7, 2005, and filed with the Dubuque County Recorder on May 17, 2005, as Instrument No.2005-7562. This mortgage, which secures the payment of $250,000.00, remains unsatisfied and constitutes a lien on the premises. (i) Areal estate mortgage from Motor City LLC, as mortgagor, to B lue Sky, Inc., as mortgagee, dated September 28, 2005, and filed with the Dubuque County Recorder on September 30, 2005, as Instrument No. 2005-16004. This mortgage, which secures credit in the amount of $475,000.00, remains unsatisfied and constitutes a lien on the premises. (j) Areal estate mortgage from Motor City LLC, as mortgagor, to Premier Bank, as mortgagee; dated October 11, 2006, and filed with the Dubuque County Recorder on November 7, 2006, as Instrument No. 2006-17388. This mortgage, which secures credit in the amount of $3,450,000.00, remains unsatisfied and constitutes a lien on the premises. (k} Areal estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, ~~ dated February 17, 2006, and filed with the Dubuque County Recorder on February 21, 2006, as Instrument No. 2006-2402. This mortgage, which secures the payment of $475,000.00, remains unsatisfied and constitutes a lien on the premises. (1) A real estate mortgage from Motor City LLC, as mortgagor, to Blue Sky, Inc., as mortgagee, dated October 11, 2006, and filed with the Dubuque County Recorder on November 7, 2006, as Instrument No. 200G-17390. This mortgage, which secures credit in the amount of $1,200,000.00, remains unsatisfied and constitutes a Lien on the premises. Also subject to easements and agreements of record. Jarties E. Goodrn'aii, Jr., Attorney at Lawl Of Connor & Thomas, P.C. ~ ; 1700 Locust St., Ste. 200 P.O. Box S99 Dubuque, TA 52004-OS99 (563) SS7-8400 Phone f:1RE\Motar City Attorney Opinion.wpd MORTGAGEE'S CONSENT TO PLAT Blue Sky, Inc. has reviewed and consents to the Final Plat of Asbury Plaza Business Pazk First Addition in the City of Asbury, Iowa, comprised of: TRACT X• The South West 1/4 of the North East 1/4, of Section 17, in Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof;. and Lot 2 in Asbury Plaza No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II• The East half of the North West I/4 of the North East 1 /4 of Section 17, and, The West half of the North West 1/4 of the North East 1/4 of Section 17,. in Township 89 North, .Range 2 East of the Ss' P.M., in the City of Dubuque, Iowa, according to the United Statement Government Survey thereof. TRACT TII: The North East 1/4 of the North East 1!4 of Section 17, Township 89 North, Range 2 East of the 5`~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof. -~ BLUE SKY, INC., STATE OF un4 COUNTY OF nco r~+o By: C~~~--~ Its: ~/1.~-- By: Its: This instrument was acknowledged before me on /~1.~t-Y , s ~ , 2007 by /~q-~r c~12r•taa-,.GQ• and as D r`4~ i d ~n1(- and .. of Blue Sky, Inc. (Stamp or Seams atie~+1A6 J~~ LINDA D. GILSON Commission Number 177781 • pow MY G03vIM. EXP. '.~-770 ~' Notary Public in and for said State MORTGAGEE'S CONSENT TO PLAT Capital Resources Group, LLC has reviewed and consents to the Final Plat of Asbury Plaza Business Pazk First Addition in the City of Asbury, Iowa, comprised of TRACT I: The South West 1/4 of the North East 1/4, of Section 17, in Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof; and Lot 2 in Asbury Plaza No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II: The East half of the North West 1/4 of the North East 1/4 of Section 17, and, The West half of the North West 1/4 of the North East 1/4 of Section 17, in Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United Statement Government Survey thereof. TRACT III: The North East 1/4 of the North East 1/4 of Section 17, Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof. Capital Resources Group, LLC, STATE OF '~~~ COUNTY OF Pc l 1~- By: Its: ~ ~" ~ .; By: Its: This instrument was acknowledged before me on 1'~ti.c~.L a ~~ I _ , 2007 by 1 lV~ ~ ~ Gu I ~ ~ and as ~>~ ~~~ ~ .w-E and of Capital Resources Group, LLC (Stamp or Seal) ~(1 (mob G~ ~~ C ~,.~.. LC. L. ~.~ Notary Public in and for said State ~ TRICIA McCLA1N ~~ M mission Number 706588 o~.-. y'"~9slJQt1 L MORTGAGEE'S CONSENT TO PLAT ~: ~~.~4 ~o~_ Vicki Corey has reviewed and consents to the Final Plat of Asbury Plaza Business Park First Addition in the City of Asbury, Iowa, comprised of: TRACT I: The South West 1/4 of the North East 1/4, of Section 17, in Township 89 North, Range 2 East of the S'~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof; and Lot 2 in Asbury Plaza No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT II• The East half of the North West 1/4 of the North East 1/4 of Section 17, and, The West half of the North West I/4 of the North East 1/4 of Section 17, in Township 89 North, Range 2 East of the Ss' P.M., in the City of Dubuque, Iowa, according to the United Statement Government Survey thereof. TRACT III: The North East 1/4 of the North East 1/4 of Section ] 7, Township 89 North, Range 2 East of the 5`~ P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof. Vicki Corey STATE OF _ ~GcUh'- COUNTY OF ^ ~ o This instrtunent was acknowledged before me on ~~r ; j ~a , 2007 by Vicki Corey. s (Stamp or Seat) No Public in and for said State ~4sr'"t J`~. LINDA D. GILSON Commission Number 177781 • row MY COMM. EXP l '~7-/O MORTGAGEE'S CONSENT TO PLAT Premier Bank has reviewed and consents to the Final Plat of Asbury Plaza Business Park First Addition in the City of Asbury, Iowa, comprised of TRACT I: The South West 1/4 of the North East 1/4, of Section l 7, in Township 89 North, Range 2 East of the Sa' P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof; and Lot 2 in Asbury Plaza No. 3, in the City of Dubuque, Iowa, according to the recorded.Plat thereof. TRACT II: The East half of the North West 1/4 of the North East 1/4 of Section 17, and, The West half of the North West 1/4 of the North East 1/4 of Section 17, in Township 89 North, Range 2 East of the 5~' P.M., in the City of Dubuque, Iowa, according to the United Statement Govemment Survey thereof. TRACT III The North East 1/4 of the North East 1/4 of Section 17, Township 89 North, Range 2 East of the Stn P.M., in the City of Dubuque, Iowa, according to the United States Government Survey thereof. PremierB/y/a/n~~~ k //0 By. ./ G ' Its: Senior Vice President By: Its: Senior Vice President STATE OF Iowa COUNTY OF Dubuaue This instrument was acknowledged before me on May 1, 2007 by Darin P. Fischer and Andrew Mozena as Senior Vice President;and Senior Vice President of Premier Bank. (Stamp or Seal) ~r* ~. JULIE t.. BRECHT ~ Commiselon Number 715575 Notary Pu lic 'nand for said State • ~or~ ~ IAy Comm. Facp. hfAa 1$, 2QQ8 '