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Arbor Estate, Kivlahan final ptMEMORANDUM March 12, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Final Plat of Lots 1 through 8, Inclusive, and Lot A of Block 1, Block 2, Block 3, Lots 1 through 13, Inclusive, of Block 4, Lots 1 through 11, Inclusive, of Block 5, Lots 11 and 12 of Block 6, Lots 1 and 2 of Block 7, and Lots A through G, Inclusive, all of Arbor Estates Planning Services Manager Laura Carstens is recommending approval of the final plat for the 1st Phase of Arbor Estates. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM March 8, 2002 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager SUBJECT: Final Plat of Lots 1 thru 8, inclusive, and Lot A of Block 1, Block 2, Block 3, Lots 1 thru 13, Inclusive, of Block 4, Lots 1 thru 11, Inclusive, of Block 5, Lots 11 and 12 of Block 6, Lots 1 and 2 of Block 7, and Lots A thru G, Inclusive, all of Arbor Estates. INTRODUCTION Kivlahan Farms, L.C. has submitted a final plat for the 1st Phase of Arbor Estates. The Zoning Advisory Commission reviewed and approved the preliminary plat at their April 4, 2001 meeting. The subject subdivision provides for the platting of 44 new residential lots. DISCUSSION The submitted final plat provides for a mixture of single family, multi-family and commercial lots. Three new public streets will be included within the new subdivision to be named Arrowwood Lane, Bittersweet Lane and Honeysuckle Lane. In addition, lots will be platted off the relocated Arboretum Drive and West 32na Street that ware constructed as part of the extension of the Northwast Arterial from John F. Kennedy Road to Highway 52. The three new public streets will be built to City residential street design standards with 50 foot of right-of-way and 31 feet of paving. The City Engineering Division and Water Department have reviewed the submitted plat for compliance with storm water detention policies and sanitary sewer and water main installation codes and are recommending approval of the final plat RECOMMENDATION Staff recommends the City Council approve the final plat of Lots 1 thru 8, inclusive, and Lot A of Block 1, Block 2, Block 3, Lots 1 thru 13, Inclusive, of Block 4, Lots 1 thru 11, Inclusive, of Block 5, Lots 11 and 12 of Block 6, Lots I and 2 of Block 7, and Lots A thru G, Inclusive, all of Arbor Estates as the submitted final plat is in substantial compliance with the City of Dubuque Subdivision Regulations. LC/mkr Attachments Planning Services Division City Hall. t3th & Central Avenue Dubuque. Iowa $200] ~31°) 589-4210 PLANNING APPLICATION FORM Zoning Board of Adjustment Varionce Conditionol Use Permit Appeal Special Exception LimlCed Setback Waiver Zoning Commission __ Rezoning -- Planned Distdct __ Preliminary Plat __ Minor Final Plat -- Text/Plan Amendment Development Services Simple Site Plan Minor Site Plan Major Site Plan Major Final Plat PLEASE TYPE OR PRINT LEGIBLY IN Property Owner(s): Kivlahan Farms L.C. Address: 4922 Wild Flower Drive City: Applicant/Agent: John & Doris Kivlahan Address: City: Site Location/Address: INK Telephone: 582M 626 Dubuque State: Iowa Zip: 52002 Telephone: State: Zip: Existing Zoning: R-1. R-2.C-2 J~~~ Proposed Zoning: Legal Description (metes and bounds, or lot number/block number/subdivision): Final Plat of lots 1 thru 8 & Lot A of Block 1, Lot A of Block 2, Lot 1 of Block 3, Lots 1 thru 13 of Block 4, Lots 1 thru 11 & Lot A of Block 5~ Lots 11 & 12 of Block 6 and Lots 1 & 2 of Block 7~ all of ~rbor Estates. Tatal Praperh/ (lot) Area (Sq. Feet or Acres): 4g_R6 Number of lots: . Describe proposal and reason necessary (aflach letter of explanation if needed): CERTIFICATION: I/we, the undersigned, do hereby cedify that: 1) The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes a public record: 2) Fees are nat refundable and payment does not guarantee approval; and 3) Ail additional required wriffen and graphic materials are attached. Applicant/Agent: zF~./~z ~ ~_,~ Date: · FOR OFFICE USE ~N~.Y. ;/APPLICATION SUBMITTAL CHECKLIST Fee: -.ece ed by: 7///7//" - OOcke,: Prope~ O~e~ ~: Plan: Flor Plan: Pl~: Conceptual Development Plan: Imp~vement Pla~: ~he~ Service People Integrity Responsibility Innovation Teamwork Prapared by: Laura Carstens~ City Planner Address: City Hall, 50 W. 13th Street TelephOne: 589-4210 RESOLUTION NO. 168-02 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1 THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Lotsl 1 thru 8, Inclusive, & Lot A of Block 1, Block 2, Block 3, Lots 1 thru 13, Inclusive, of Block 4, Lots 1 thru 11, Inclusive, of Block 5, Lots 11 & 12 of Block 6, Lots 1 & 2 of Block 7, and Lots A thru G, Inclusive, all of Arbor Estates, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Honeysuckle Lane (Lot A), Arrowwood Lane (Lot B), Bittersweet Lane (Lots C and D), John F: Kennedy Road (Lot E) and Arboretum Drive (Lot G), together with certain public utility, sewer easements and storm water detention facility, which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides double frontages on Lots 1 thru 13 of Block 4, where double frontage lots are prohibited by Section 42-19(b) of the Subdivision Regulations; 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 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 the dedication of Honeysuckle Lane (Lot A), Arrowwood Lane (Lot B), Bittersweet Lane (Lots C and D), John F Kennedy Road (Lot E),and Arboretum Resolution No. - 02 Page 2 Drive (Lot G) together with the storm water detention facility (Lot A) and 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 2. That Section 42-19(b) of the Subdivision Regulations is waived 'to allow Lots 1 thru 13 in Block 4 to have double frontages, where double frontages are not allowed unless one frontage is an arterial street without access rights, provided that Kivlahan Farms, L.C., as owners of said property, agree to plant trees on private property along the north side of both Arboretum Drive and W. 32~ Street. Section 3. That the final plat of a Final Plat of Lots 1 thru 8, Inclusive, & Lot A of Block 1, Block 2, Block 3, Lots 1 thru 13, Inclusive, of Block 4, Lots 1 thru 11, Inclusive, of Block 5, Lots 11 & 12 of Block 6, Lots 1 & 2 of Block 7, and Lots A thru G, Inclusive, all of Arbor Estates is hereby approved by 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: (a) To reduce Honeysuckle Lane (Lot A), Arrowwood Lane (Lot B), Bittersweet Lane (Lots C and D), John F. Kennedy Road (Lot E) and Arboretum Drive (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 storm water detention facility 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. (d) 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; (e) 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; Resolution No. - 02 Page 3 And, further provided that said Kivlahan Farms, L.C., 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. 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. 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 5. The developer will maintain the detention facility until it has been fully completed and 80% of the sum of the platted lots in the entire Arbor Estates are fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot A, Block 1) shall be assessed against the lot owners of Arbor Estates, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. 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. Section 7. That in the event Kivlahan Farms, L.C. fails to execute the acceptance and furnish the guarantees provided in Sections 2 and 3 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 this38~ch day of ~arc,h2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF RESOLUTION NO. 168-02 I, the undersigned, John H. Kivlahan and Doris E. Kivlahan, Kivlahan Farms, L.C., having read the terms and conditions of Resolution No./~, &¢' - 02, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 5th day of April ,2002. By: /s/ John H. Kivlahan /s/ Doris E. Kivlahan T TAT D PREPARED BY: JOHN L. ~HITE~ BUESING & ASSOCIATES. 1212 LOCUST ST, DUBUQUE, IA 52001, PH: (563) 556-4389 FINAL PLAT OF LOTS" 1 THRU 8. INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2. BLOCK 3, LOTS 1 THRU 13. INCLUSIVE, OF BLOCK 4, LOTS i THRU 11. INCLUSIVE. OF BLOCK 5, LOTS 11 & 12 'OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7. AND LOTS A THRU G. INCLUSIVE, ALL OF ARBOR ESTATES. AS COMPRISED OF LOT t-I-1-1-i-1-i-1-1-1-3, LOT 2-1-1-1-1-1-1-1-1-1-3, LOT 2-1-I-1-1-i-3 ALL OF HELEN E & MARY H STE6/ART SUBDIVISION, AND THE ~/1/2 8, E1/2 OF LOT 3, LOT 1-1-4 AND LOT I-1-7 ALL OF THE '4E1/4. SECTION 16, T89N, R2E, ALL IN THE 5TH P.M., IN THE CITY nF DUBUQUE, DUBUQUE COUNTY IB~A <EXCEPT MIGH6/AY RIGHT OF 6/AY) LEGEND SHEET B SHEET 3 ~OT TO SCALE '"'",,,~ ~v~, ,,,~¢" SHEET 1 OF 9 BLOCK LEGEND BLOCK 75' 150' FEET SHEET 3 UF 9 I SUBDIVISION STAFF REPORT Project Name: Property Owner: Applicant: Final Plat of Arbor Estates Kivlahan Farms, LLC John and Dods Kivlahan Number of Lots: 44 Acreage in R.O.W. 2.5 acres Total Area: 49.56 acres In City: Yes In 2-Mile Area: N/A Flood Plain: No Density Allowed: 1/6,000 Commonly owned lots: None Sanitary Sewer: Yes Water: Yes Storm Sewer: Yes Existing Street Access: Yes Proposed Land Use: Residential/Commercial Existing Land Use: Adjacent Land Use: Proposed Zoning: R-1/R-2/R-3/C-2/C-3 Vacant/Agricultural Existing Zoning: R-1/R-2/R-31C-2/C-3 North - Residential Adjacent Zoning: North -R-2 (County) East- Parkland/Residential East -Agricultural/R~1 South - Residential/Vacant South -R-1/C-3 West- Residential West- R-2 (County) Physical Characteristics: The subject property is comprised of a rolling topography with drainage generally toward the north and east. Proposed Phasing: None. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: None. Proposed Streets and Grades: Honeysuckle Lane -2-10%; Arrowwood Lane - 1-10%; Bittersweet Lane - 1-7%. Recommended Motion: Motion to approve the submitted final plat of Arbor Estates Subdivision as it in substantial compliance with the City of Dubuque Subdivision Regulations. Conformance with Comprehensive Plan: The 1995 Comprehensive Plan designated the subject property as Area 5 and anticipated primarily development for single-family residential with some multi-family residential and a commemial node. SUBDIVISION STAFF REPORT Page 2 Impact of Request on: Utilities: City utilities are extended to a point that can serve this development. The full development of this property will require installation of two lift stations to carry the affluent to a point that reaches the City's existing 10" existing gravity flow sewer located in West 32r~ Street. Traffic Patterns: The proposed subdivision has access to the relocated West 32n~ Street, relocated Arboretum Drive and John F. Kennedy Road. The Iowa Department of Transportation has reconstructed a portion of West 32nd and built a new Arboretum Drive in the summer of 2001. West 32~ Street carries approximately 6,000 vehicle trips per day while John F. Kennedy Road carries approximately 8,000 vehicle trips per day. Both roadways are designated as minor arterials. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided adequate erosion control is provided during all phases of development and that adequate storm water control is provided for each phase of the development. Adjacent Properties: Staff anticipates that the major impact to adjacent properties will be an increase in the volume of traffic on both John F. Kennedy Road and West 32nd Street, as well as a small increase in the ambient light level and noise level in this area of town. Recommended Conditions on Plat: None. Staff Analysis: The submitted final plat of Arbor Estates subdivision subdivides approximately 50 acres of property into a total of 44 lots. The majority of these lots are platted for single-family homes. There are thirteen (13) lots zoned R-1 Single-Family Residential, two (2) lots zoned R-2 Two-Family Residential, 10 lots zoned R-3 Moderate Density Multi-Family Residential and two (2) lots zoned C-2 Neighborhood Shopping District. The proposed subdivision is in compliance with the City's 1995 Comprehensive Plan that designated this property as Area 5. Area 5 was envisioned to be developed primarily for single-family residential with areas also developed for multi-family residential and a commercial node. The proposed subdivision is an in-fill development. The subject property is bordered on the wast by Barony Woods, on the east by Marshall Park, and to the north by Forest Grange Subdivision. The layout of the subdivision was also constrained by the IDOT project, existing overhead power lines and topography. SUBDIVISION STAFF REPORT Page 3 The IDOT has relocated a portion of West 32~ Street and all of Arboretum Drive as part of Phase IV of the Northwest Arterial. The relocation of these two streets establishes the street pattern for the south portion of the development. The subdivision has two points of access, one on West 32"~ Street and one on Arboretum Drive. The subdivision is also laid out with no cul-de-sacs, which benefits the City's Operations and Maintenance Department in terms of picking up garbage and snow removal. The submitted subdivision is in substantial compliance with City of Dubuque Subdivision Regulations. However, there is one issue regarding lots 1 through 13 of Block 4. These lots are defined as through lots because they have street frontage on both ends of the lot. Section 42-19(b) Blocks and Lots, states "lots with double frontage shall not be permitted unless one frontage is an arterial street without access rights." The applicants are requesting the City Council waive the rule for Lots 1-13 of Block 4. The Zoning Advisory Commission approved this request during review of the preliminary plat for Arbor Estates. The Zoning Advisory Commission approval was conditioned on trees being planted on private property along the north side of both Arboretum Drive and West 32~ Street. The proposed streets in Arbor Estates will be dedicated to the City of Dubuque, including the relocated West 32"~ Street and Arboretum Drive. In addition, all water and sewer mains will be dedicated to the City of Dubuque as well. A storm water detention basin will be provided in Block 1 near the intersection of the relocated Arboretum Drive and relocated West 32nd Street, and a second basin will be located on the north end of the site in a later phase of the development. The submitted subdivision plat is in substantial compliance with the City of Dubuque Subdivision Regulations and staff recommends the Zoning Advisory Commission approve the plat as submitted, subject to the applicant's request to allow double frontage lots along Arboretum Drive and West 32~d Street, Prepared by: ARBOR ESTATES SEE SHEET 2 AND 3 FBR CURVE AND LINE LBCATtBN 85'57'24' 32'01'87' BUESING & ASSOCIATES CONSULTING ENGINEERS SHEET 4 OF 9 : Sheet 5 of 9 Surveyor's Certificate Dubuque, Iowa .~,~'~' ,2002 1 hereby certify that the plat shown on sheets 1, 2, 3 and 4 of 9 hereof, is a true and correct FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1 THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11 & t2 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES, AS COMPRISED OF LOT 1-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-1- 1-1-1-3, LOT 2-1-1-1-1~1-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE W1/2 & E1/2 OF LOT 3, LOT 1-1-4, LOT 1-1-7, ALL OF THE NEll4, SECTION 16, T89N, R2E AND THE SE1/4 SE1/4, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY) according to the recorded plats thereof, subject to easements of record and not of record. The perimeter of said LOTS 1 THRU 8, INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1 THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK $, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES was surveyed by me and is more particularly described as follows: LOTS 1 THRU 87 INCLUSIVE, & LOTA OF BLOCK 17 BLOCK 2, BLOCK 3, LOTS 1 THRU t37 INCLUSIVE~ OF BLOCK 47 LOTS 1 THRU 117 INCLUSIVE7 OF BLOCK 57 LOTS 11 & 12 OF BLOCK 67 LOTS 1 & 2 OF BLOCK 77 AND LOTS A THRU G, INCLUSIVE7 ALL OF ARBOR ESTATES Commencing at the Southeast corner of Section 9, T89N, R2E, of the 5~h P.M., the Point Of Beginning; Thence South 2° 23' 49" East (this is an assumed bearing for the purposes of this survey only), along the West line of Lot 1-1-i-1-1-1-1-1 of Breven Place, a distance of 867.04 feet to the North Right Of Way (ROW) line of the Northwest Arterial; Thence South 54° 07' 22" West, along the North ROW line of said Arterial, a distance of 419.62 feet; Thence South 60° 41' 33" West, along the North ROW line of said Arterial, a distance of 204.04 feet; Thence South 43° 55' 07" West, atong the North ROW line of said Arterial, a 'distance of 61.43 feet; Thence South 59° 36' 09" West, along the North ROW line of said Arterial, a distance of 351.38 feet; Thence North 44° 57' 47" West, along the Northeasterly line of Lot 2-6 and Lot 5, both of the NEll4, Section 16, T89N, R2E, a distance of 214.61 feet; Thence North 61° 16' 22" West, along the Northeasterly line of said Lot 5, a distance of 335.57 feet to the Northeast corner of Lot 3-2 of Helen E. & Mary H. Stewart Subdivision; Thence North 72° 55' 06" West, along the North line of said Lot 3-2 and Lot 2-3-1 of Helen E. & Mary H. Stewart Subdivision, a distance of 519.90 feet to the Southeast corner of the East % of Lot 2-1-1-1-3 of Helen E. & Mary H. Stewart Subdivision; Thence North 21° 41' 27" East, along the East line of said Lot 2-1-1-1-3, a distance of 319.72 feet to the Northeast corner of said lot 2-1-1-1-3; Sheet 6 of 9 Thence North 68° 04' 21" West, along the North line of said Lot 2-1-1-1-3, the West ~ of Lot 2-1-1-1-3 and Lot 1-2-1-3, both of Helen E. & Mary H. Stewart Subdivision, a distance of 219.91 feet to a point of curvature; Thence Northwesterly along the North line of said Lot 1-2-1-3 and Lot 2-1-1-3 of Helen E. & Mary H. Stewart Subdivision, a distance of 206.74 feet along the arc of a 655.20 foot radius curve to the right, of which the Chord distance is 205.88 feet and Chord bearing is North 59°03'03'' West, to the Northeast corner of Lot 2-1-1-3 of Helen E. & Mary H. Stewart Subdivision Thence North 47° 12' 09" West along the North line of said Lot 2-1-1-3 a distance of 13.70 feet to the Southeast corner of Lot 2-1-1-1-1-1-1-1-1-3 of Helen E. & Mary H. Stewart Subdivision; Thence North 3° 23' 41" West, along the East line of said Lot 2-1-1-1-1-1-1-1-1-3, a distance of 437.77 feet to the South line of Block 1 of Barony Woods; Thence North 89° 37' 35" East, along the South line of said Block 1, a distance of 731.08 feet to the Southwest corner of the SE ¼ of the SE ¼ of Section 9; Thence North 88° 37' 29" East, along the South line of said SE ¼ of the SE ¼, a distance of 1337.94 feet to the Point of Beginning; The total area of LOTS 1 THRU 8, INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1 THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK $, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES is 45.36 acres, the road area is 2.94 acres, and the net area is 42.42 acres, and is subject to 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 or under/~ direct personal supervision and that I am a duly licensed land surveyor under the laws of the state of Iowa. J~hn [.. V~hite~ -" Date ./Licensed Land Surveyor ' Reg. No. 4016 Reg. Renewal 12/31/2002 Sheet 7 of 9 Owner's Consent Dubuque, Iowa ' ./-'/~ ]~", 2002 The foregoing FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, & LOTA OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1 THRU t3, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES, AS COMPRISED OF LOT 1-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE W1/2 & E1/2 OF LOT 3, LOT 1-1-4, LOT 1-1-7, ALL OF THE NE1/4, SECTION 16, T89N, R2E AND THE SE1/4 SE1/4, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY), is made with the free consent and in accordance with the desires of the undersigned owners and proprietors. We hereby dedicate Lot A (Honeysuckle ]ace), Lot B (Arrowwood Lane), Lot C & D (Bittersweet Lane), Lot E (John F. Kennedy Road), Lot G (Arboretum Drive), Lot ^, Block for storm water detention basin purposes and all easements to the public. State of Iowa ) ) County of Dubuque ) ss: KIVLAHAN FARMS L.C. B~. John ~-Kivlah~n, Manager By: Doris E. Kivlahan Manager Iowa, personally appeared(John H. & Doris E. Kivlahan to me personally known, who, being duly sworn did say that said John H. & Doris E. Kivlahan, Managers of Kivlahan Farms, L.C., that the seal affixed to the above instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors, and that said John H. & Doris E. Kivlahan Managers acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. __ ~' /O Notary Public in and for the State of Iowa ~.) Attorney's Certificate Dubuque, Iowa ,2002 TO WHOM IT MAY CONCERN: This will certify that I have examined the abstract of title of LOT 1-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-1-1-1-1-3, LOT 2- 1-1-1-1-1-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE Wl/2 & E112 OF LOT 3, LOT 1-1-4, LOT 1-1-7, ALL OF THE NE1/4, SECTION 16, T89N, R2E AND THE SEll4 SE114, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY), covering the period from Government entry to day of at o'clock and find that said abstrac~ shows good and merchantable title to said real estate in free and clear of all liens and encumbrances and shows taxes all paid, including taxes for the fiscal year Attorney-at-Law City of Dubuque Planning Services Sheet 8 of 9 Dubuque, Iowa 2002 The foregoing FINAL PLAT OF LOTS I THRU 8, INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS t THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES, AS COMPRISED OF LOT 1-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE W1/2 & El/2 OF LOT 3, LOT 1-1-4, LOT 1-1-7, ALL OF THE NE1/4, SECTION 16, T89N, R2E AND THE SEt/4 SE114, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY). and the dedication of Lot A (Honeysuckle lane), Lot B (Arrowweed Lane). Lot C & D (Bittersweet Lane), Lot E (John F. Kennedy Road). Lot G (Arboretum Drive), Lot A, Block 1 for storm water detention basin purposes and all easements to the public, is hereby approved by City Planner of the City of Dubuque, Iowa and approvat of said plat by the City Council of the City of Dubuque is hereby recommended. Planning Se rvi c e.s--D.e p a r t m..e.~t City Planner of the City of Dubuque, IA City of Dubuque, Iowa Dubuque, Iowa ~-..~J~' ~ , 2002 The undersigned, Terrance M. Duggan, Mayor and Jeanne Schneider, Clerk ofthe City of Dubuque, Iowa do hereby certif7 that the foregoing FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1 THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES, AS COMPRISED OF LOT 1-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-t-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE W112 & E112 OF LOT 3, LOT 1-1-4, LOT 1-1-7, ALL OF THE NEll4, SECTION 16, T89N, R2E AND THE SEll4 SEll4, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY), and the dedication of Lot A (Honeysuckle lane). LOT B (Arrowwood Lane), Lot C & D (Bittersweet Lane), Lot E (John F. Kennedy Road), Lot G (Arboretum Drive), LotA. Block 1 for storm water detention basin purposes and all easements to the public, as appears heretofore has been filed in the office of the City Clerk of Dubuque, Iowa and that the City Council of~of Dubuque~.~/al~oves said Plat. ~tgr of the City of Dubuque, ~.~t~ ~/~Clerk of the Ci~'~{~f Dubuque, IA Sheet 9 of 9 County Treasurer's Certificate Dubuque, Iowa ,2002 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa do hereby certify that all taxes levied against LOT 1-t-1-1-1-1-t-1-1-1-3, LOT 2-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE Wl/2 & El/2 OF LOT 3, LOT 1-14, LOT 1-1-7, ALL OF THE NEll4, SECTION 16, T89N, R2E AND THE SE1/4 SEl/4, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY), have been paid and said real estate is free from taxes as of this date. Treasurer of Dubuque County, IA City Assessor's Certificate Dubuque, Iowa '-~ ~/-~- ,2002 The foregoing FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, & LOT A OF BLOCK t, BLOCK 2, BLOCK 3, LOTS 1 THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES, AS COMPRISED OF LOT 1-1-t-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE W'1/2 & El/2 OF LOT 3, LOT 1-1-4, LOT 1-1-7, ALL OF THE NE1/4, SECTION 16, T89N, R2E AND THE SE1/4 SE1/4, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY), was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. ~;ity Assessor of the Ci~ Dubuque, iA County Auditor's Certificate Dubuque, Iowa ,,/~¢.~//'~/~/'. 2002 I, the undersigned, Denise M. Dolan, Dubuque County Auditor have reviewed and examined the FINAL PLAT OF LOTS THRU 8, INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2, BLOCK 3~ LOTS 1 THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU tl, INCLUSIVE, OF BLOCK $, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES, AS COMPRISED OF LOT 1-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-1 1-1-1-3, LOT 2-1-t-1-1-1-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE Wl/2 & El/2 OF LOT 3, LOT 1-1-4, LOT t,'{-7, ALL OF THE NEll4, SECTION 16, T89N, R2E AND THE SEtl4 SEll4, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY). The foregoing Survey Plat was entered of record in the Office of the County Auditor of Dubuque County, Iowa, on the date first written above. Dubuque, Iowa ,2002 The foregoing FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, & LOT A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1 THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11 & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, AND LOTS A THRU G, INCLUSIVE, ALL OF ARBOR ESTATES, AS COMPRISED OF LOT 1-1-1-1-1-1-1-1-1-1-3, LOT 2-1-1-1-1-1-1-'1-1-1-3, LOT 2-1-1-1-1-1-3, ALL OF HELEN E. & MARY H. STEWART SUBDIVISION, AND THE W112 & E'112 OF LOT 3, LOT '1-'1-4, LOT 1-1-7, ALL OF THE NE'1/4, SECTION 16, T89N, R2E AND THE SEl/4 SEt/4, SECTION 9, T89N, R2E, ALL IN THE OF THE 5TM P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (EXCEPT HIGHWAY RIGHT OF WAY), has been reviewed by the Dubuque County Recorder. Dubuque County Recorder