Southwest Arterial Property Acquisition - Neztrop, LLC_Portzen Building Firm, LLC Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Southwest Arterial Project Property Acquisition - Neztrop,
LLC and Portzen Building Firm, LLC
SUMMARY: City Attorney recommending approval of a Purchase
Agreement for acquisition of property and easements for
the Southwest Arterial Project from Neztrop, LLC and
Portzen Building Firm, LLC.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Purchase Agreement Supporting Documentation
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: April 28, 2016
RE: Southwest Arterial Project—Acquisition of Property From Neztrop LLC
and Portzen Building Firm LLC
In connection with the acquisition of property for the Southwest Arterial Project, Neztrop
LLC and Portzen Building Firm LLC have agreed to the terms of a Purchase Agreement
for the purchase of necessary property and easements. As part of the consideration for
the Purchase Agreement, the City, Neztrop LLC and Portzen Building Firm LLC have
tentatively agreed to the following additional terms in the attached Agreement:
1. The City will vacate a portion of Stone Valley Drive which will no longer provide
access to US Highway 20 after the construction of the highway improvements.
The portion of Stone Valley Drive being vacated will no longer be needed for
public access. The City will convey the vacated portion of Stone Valley Drive to
Neztrop LLC by Quit Claim Deed.
2. The City will accept the lot on which the existing stormwater detention facility is
located in Stone Brook Center Second Addition without waiting for the
development of 80% of the lots in Stone Brook Center Second Addition. Upon
acceptance of the detention facility, the City will maintain the detention facility but
any expenses incurred for maintenance will be assessed to the lot owners of
Stone Brook Subdivision.
I recommend City Council consideration and approval of the attached Agreement.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
NEZTROP LLC
AND
PORTZEN BUILDING FIRM LLC
This Agreement between and among the City of Dubuque, Iowa (City), Neztrop
LLC and Portzen Building Firm LLC is dated for reference purposes the , d'Ii/ day of
, 2016,
Whereas, Neztrop LLC and Portzen Building Firm LLC are the owners of
property shown on Exhibit A attached hereto; and
Whereas, the City of Dubuque (City) desires to acquire certain property owned
by Neztrop LLC and Portzen Building Firm LLC for the Southwest Arterial Project shown
on Exhibits B1 and B2 (the Acquisition Property); and
Whereas, Neztrop LLC and Portzen Building Firm LLC is willing to sell the
Acquisition Property to City and City agrees to purchase the Acquisition Property upon
the terms and conditions set forth herein;
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Neztrop LLC and Portzen Building Firm LLC agree to execute a Purchase
Agreement in the form attached hereto as Exhibits C1 and 02.
2. City agrees to:
a) Take the necessary steps to vacate the Stone Valley Drive right of way
from the intersection of Stone Valley Drive and Boulder Brook Ct. westerly
to the easterly right of way of U.S. Highway 20 as shown on Exhibit D.
City will prepare the vacation plat and be responsible for fees for public
notice and recording. City will reserve a utility easement over the entire
vacated area. City will convey said vacated portion of Stone Valley Drive
to Neztrop LLC by Quit Claim Deed.
b) Accept by resolution Lot D shown on Exhibit D as dedicated by Neztrop
LLC on the Final Plat of Stone Brook Center Second Addition recorded as
Instrument No. 4087-04 in the records of the Dubuque County Recorder.
c) Accept by resolution the existing storm water detention facility
improvements that were constructed by Neztrop LLC on Lot D subject to
the conditions of the Resolution No. 61-04 attached hereto as Exhibit E;
provided, however, that City will waive the requirement that developer
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 125 Neztrop
Parcel 126 Portzen Building Firm LLC
042816bal
maintain the detention facility until 80% of the lots in Stone Brook Center
Second Addition are developed. Upon acceptance of the detention facility,
City will maintain the detention facility, and the maintenance expenses
incurred by City for the storm water detention facility will be assessed
annually against the lot owners of Stone Brook Subdivision in equal
amounts, and the City Manager will certify such costs to the City Clerk,
who in turn will promptly certify such costs to the Dubuque County
Treasurer, and such costs will then be collected with and in the same
manner as general property taxes in accordance with provisions of law.
3. This Agreement is subject to City Council approval.
CITY OF DUBUQUE, IOWA NEZTROP LLC
By:
Mich el C. Van Milligen
City Manager
By:
144e,
Michael P rtzlen
PORTZEN BUILDING FIRM LLC
By: Oixil(
Michael Portzen
FAUSERSltstecklelindahl\Southwest Arterial Condemnations\Parcel 125 - NEZTROP\Portzen Agreement 042816bal.docx
EXHIBIT A
Page 3
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EXHIBIT B1
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EXHIBIT Cl
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EXHIBIT C1
Rebm m aM prepared by Carty D.McCmcked.RG Land Seaires.Inc..1115 SoWb G Ave-.Nevada.IA W201515392 laid
Fon Ciry of Onsucae,Iowa City Hall,M W 13th Seeel,Oubuque,1 .e 52001 583.589.4210
PURCHASE AGREEMENT
PARCEL 125 COUNTY Dubuque
PROJECT HOP-2100(8]91.41-31 NAME Sauthwimt Arterial
SELLER: NEZIROP, LLC
THIS AGREEMENT entered into thns day of_.20 byandbelween Sidt ..nlNe Cftyof
Dubuque.Iowa.Buyer.
Ia. SELLER AGREES to sell and furnish to Buyer a conveyance document,on hands)Wandered by Buyer,and
Buyer agrees to buy the following read estate,hereinafter referred to as the premises,situated in pars,of Ilse
fallb.m,,Lot 2 ad Lot D of STONE BROOKCENTER SECOND ADDITION' the Ch of0 b mine
Cdunly of Dubu ue,State of Iowa,and coati pagiculady described on Pages 4-5,including the fallowing
buildings,improvements and other property,
AIIland,base.shrulas,landscaping d surfacing attached to the i ht end tl 'bed hetet
1b. The Seller also agrees to convey to he Buyer all of the Seller's rights of direct access from to premises to
U.S.Hghway 20 Rom Sts.1182+91+/-PL U.S 201 to Sta. 1204+61!+/-PI.(U.S 201,southeasterly,sitle,
excepting and reserving to the Seller the right dfaccess at Ne following bcadmi%None.
2. Possession argue premmiscis Nesssenceof this agreement and Buyermay enterand aduarefull national
enjoyment M the premises per the terms of this agreement. SELLER GRANTS Buyer line immediate
possession right a enter the premises for me Purpose of gathering survey and soil data. SELLER MAY
surrender possession of me premises or maidi hg or improvements cr alt,Pan thereof prior b he Ome al which
he hashereinafteragmed boa so,and agrees togive Buyer ten(10)days notheofSellersinten0on todo so
by calling BLA rA
3. Buyer agmes to pay and SELLER AGREES to grant the right of possession,convey title,.and surrender
physical possession of lie premises as shown on or before the dates listed be.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
5 on conveyance of OR.
5 oa surrender of possession
$40.113.00 on possession and conveyance 900 day.after Buyer aopmval
540.113.00 TOTAL LUMP SUM
BreakdownIc S .F.
Land by Fee The 033 AdfEq.F.In he name of he City of Dubuque
Underlying Fee Title Ac.ISgFk In the name of the State of(dead
Permanent Easement ACJSq. 6 far Upkly Purposeslln the name of
Temporary Easement Ac./Sq.FI.
Page I
Page 10
o SELLER WARRANTS that there are no tenants on the premises holding under lease except None.
5. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES I0
pay all liens and assessments agalnsl Max premises,Inducting all taxes and special assessments payable unlit
stmander of pmsesson as required by Vie Gone of Iowa and agrees to warrant good and suthctenl fine.
B Buyer may include mortgages,Itenholders,encumbrances and taxing Ladhim ms as payees on emants
Issuedln payment al lhlsagreemenl. In addition to the Total Lump Sum,Buyer agrees to pay S15c.00 foo Me
cost of adding line documents required by this Immoclidn to Sellers abstract of title. If requested to do so,
SELLER WILL deliver to Me Buyer an abscond of Iola to the premises. Buyer agrees M pay the cost of
abstract drilinuetion. SELLER AGREES m provide such documentation as may be required by Iowa Land
Title Standards to convey,merchantable fine to Buyer SELLER ALSO AGREES to obtain mud approvat of
thisagreemeof,If requested by Buyer,in the event llde Mthe premises becomes an asaet of any estate,trust,
ponservatorshiporguardtandsp. Buyeragreasto pay murtapprovel costs and all other costs necessary to
transfer the premises to Buyer,but ml attorney fees. Claims for such Vander costs shall be paid in amounts
supmrtad by paid receipts or signed bills.
1. Buyer agrees that any agricultural main tiles that are Located within Me premises and are damaged or require
relocation by highway construction soon be dreaired or relocated at no expense to Seller, Where Buyer
specifically agrees to morsond and maintain fence,the fence shall be constructed and maintained fir vehicle
access control purposes only at no expense to Seller. Buyer shall have Me right of entry upon Seller's
remaining property along the dghtof way tine,if necessary,for Me purpose ofmnnecting said dram the add
constructing and malomming said fence.SNlermay pasture agaimU sad fence at his own risk.Buyerwlll not
be liable farfencing Odvam property n maintaining the same M restrain livestock.
8. IfSenerholds title to the premisesinjoint tenancywi h fullrighls ofsurvWorship and notes tenants ncommon
at Me lime of this agreement,Buyer will pay any remaining proceeds to the survivor of that joint mgancy and
will accept Ohe solely food Mat survivoq provided thejoint tenancy has not been destroyed by opent of lav
or ads of Seller
9. These premusse are being acquired for pubtto purposes and this Me Inner is exempt from Me requlremenis fir
Me filing of a Declare tion of Value by the Code of deed.
10, The premises also includes an estates,rights,title and mteresls,including all easements,and all advertising
devices and the dight to erect such devices as are located Thereon. SELLER CONSENTS to any change of
grade of the street antl accepts payment under this agreement foo any and all damages arising therefrom.
SELLER ACKNOWLEDGES NII settlement and payment from Buyer for all claims per Me terms of Nis
agreement and discharges Buyer from liability because d this agreement and the construction of Mm public
Mpmvemenl projecL
11. Seller states and warrants that,to the best of Sellers knowledge,Mere is no burial sim,well,solid waste
disposal site,private sewage disposal syelems,hammoussubamnce,ncruntlergrourm storage lank on Me
promises described and sought herein,exceed
None
12. This written agreement constitutes the entire agreement between Buyer and Seller and there kind agreement
to do or not to rid any act or deed except as specfimlly provident for herein.
12. Buyer hereby gives mince of Sellers fivepear right to renegotiate condonation or maintenance damages not
apparent at the time of Me signing of this agreement as required under Scotian BB.52 of the Cede of Iowa.
Pagc 2
Page 11
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the
Buyer,we the undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid.
NEZTROP,L.L.C.
By: By:
iNome:N ichael£Poneen Ma ave Name:
This section to be completed by a Notion,Public.
Both columns must be completed.
CAPACITY CLAIMED By SIGNER:
SELLER'S ACKNOWLEDGMENT I INDIVIDUAL
STATE OF ) I GORPORATE
COUNTy OF )ss: Tidels)afGomomte Oalaarlsp
On this—day of ,AD 2g_,before me,the I
urderslgi a NMary Putac'in and for said Stets,penenally appeared _Corporate Seeld.Rived
No Corpmale Seal procured
— PARTNER(s):
_ Limited PeMediep
to me personalty amen I General Partnership
_pemed b me on(he tests of saliseclory"aides — ATTORNEY(INTACT
r
°r _ E%EGUTORs)or TRUSTEE(a)
tohe do a.n(al wnosamamgs)Want sabsmbed N the within manament and I _ GUARDIAN(s)or CCNSERVATOR(d
anknowetlged th me that hadshashey eee w the same thhislhadtheNwiM1orizetlI — OTHER:
capacly(ieshentl lM1el OybiMSarMepsigmdlure(s)on thethsWmentlhe permn(sl. I SIGNER IS REPRESENTING
or hie moloupan behef.dwhich the parmnls)aced,exawted the inabumenl I LNtnamels)ofenhly(es)wpe.a(.)
(Sign in Ink) NE2TROP L L C
(Pdnl1T,m Nema)
Note,Public in and lar the Sale of
Mycommisvonexpims
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA:ss: On this_day of ,20.before me, the undersigned.
personally appeared known to me to be the
of Buyer and who did any that said instrument was signed on
behalf of Buyer by the authority duly recorded in its minutes, and ack ansledged the execution of said
instrument,which signature appears hereon.to be the voluntary act and deed of Buyer and by it voluntarily
executed.
Notary Public in and for the State of Iowa
BUYER'S APPROVAL
Recommended by: (Date)
Right of Way Project Agent:
Approved by:Gus Psihoyos (Data)
City Engineer
City of Dubuque,Iowa
Page 3
Page 12
EXHIBIT C2
Page 13
EXHIBIT C2
Retum W aM laaparetl by:Catm10.McCracken,JCG LaM Serv¢es.lrw,p15 SouMG Ave..Nevatla.IA 50201 515-302-1698
For:C"of pubuqua.Iowa,Gly Hal,W W thin Street.Dubuque Iowa 52001 5W504427g
PURCHASE AGREEMENT
PARCEL 126 COUNTY Dubuque
PROJECT HDP-2100(6791-71-31 NAME Southwest Arterial
SELLER, PORTZEN BUILDING FIRM L.L.C.
THIS AGREEMENT entered Into thm day c ,20 by and between Sellerandme Cllyof
Dubuque,Iowa,Buyer.
1a. SELLER AGREES to sell am furnish to Buyer a conveyance document,on faml(s)homebred by Buyer.and
Buyer agrees to buy the following real estate,hereinafter referred to as the premises,inualm In parts of the
natural Lgt3 of STONE BROOK CENTER SECOND ADDITION in the Cilb,affousumu. In the Co urvigr
Dui,Slate of bwa,and more particularly described on Pages 410,mala]ing the following buildings,
improvements and other property
All land trees shrubs landscapim and surfacing attached I In. I ht and described haunt,
lb.
1,1I scanning
�aSellecWengkFefacsaseatlkBfellowg8b Iln
2, Poesessron of Rte premises is Ne essence of Rlis agreement and Buyel mayenterand assume full use and
enjoyment of the premises per the terms of This agreement SELLER GRANTS Buyer the immediate
possession right to anter the premises for the purpose of gathering survey,and poll data. SELLER MAY
surrender possession of the premises or building or Improvements or any part thereofpnor to Me lung at which
he has herelnafteragmed It an.and agrees to give Buyerten(10)days noeceof Selters intention ro do no
by calling Buyer.
3. Buyer agrees b pay and SELLER AGREES m grant Ute right of possession convey IiRe,and suite ider
physical possession of the premises as shown on or before he dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
S on conveyance of lick
S an stammer of possession
S 45101.00 on mossvaspn and comeyance 90 days after Buyer aooroval
545.101.00 TOTAL LUMP SUM
Breakdown Ac/Sa.FL
Land by Fee The 028 Ac.Ig I in the name of the City of Dubuque
Underlying Fee Tllle Ac,ISq.FF.In the name of the Slate of Iowa
Permanent Easement 0.15 Ap.fSq.F6 for Uglily Purposearin the name of the
City of Dubuque
Temporary Easement 014 AaISq.FL
Page 1
Page 14
a. SELLER WARRANTS Nal there are no tenants on the premises trading under lease except:None
5. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLERAGREES IU
pay all leneand assessments against the premises,including all taxes and spacial assessments payable until
surrender of possaesion as manned by the Chun of Iowa,and agrees W warrant goad and sufficient line.
6. Buyer may include mortgages,Immaculate.anrumbrancom and taxing authorities as payees on wa id nls
issued in payment of Nis agreement. In addition to the Total Lump Sum,Buyeragems to pay 15000 drlbe
cost of adding[ilia comments required by this Irensaction to Sellers abstract single drequested la do so,
SELLER WILL deliver W the Buyer an abstract of fine to the Memtses. Buyer agrees W pay the cost of
abstract collimating. SELLER AGREES to provide such documentation as may be required by Iowa Land
Title SlantlaMs W convey merdtanteble ILe W Buyer. SELLER ALSO AGREES W obtain courlapprowa1 of
this agreement nrequeded by Buyer,in the evenl title to Me,premises becomes an asset of any estate,[mat,
conseryat.mhlp Urguartlunshlp, Buyer agrees to pay court approval costs and all other costs rreceseary to
Vinare,the premises b Buyeq but not attorney fees. Claims far such transfer costs shall be paid In amounts
supported by paid receipts U,signed bills-
T. Buyer agrees that any agricullunal drain files that are located within the premises and are damaged or More,
relocation by highway consumption shall be repaired or repeated at no expense to Seller. Where Buyer
sperafcally agrees to consVml and maintain fence,the fence shall be conslr Icted and maintained for vehicle
access control purposes Unity at no expense to Seller. Buyer shall have the right of entry upon Sellers
remaining preachy along the right of Way line,if necessary,forthe purpose of connecting said drain lila and
constructing and maintaining said fence-Seller may paaure against said fence at his own Oak-Buyerwlll not
be liable for fencing private property or malnminleg he same to restrim livestock.
8. IfSeller holds 011e to the poser as in join)tenancy with full rights of survivorship and not as tenants in common
at the area Prins agreement,Buyer will pay any remaining proceeds to the survivor of that mint tenancy and
will accept use solely from that survivor provided the joint tenancy has not been destroyed by operaldon of law
or is of Seller.
9. These premises are beth acquired far public purposes and this trepsfm is exempt from Ne repuleements far
the Oltng of Dedaretion of Value by the Code of Iowa.
15. The premises also Includes all estates,rights,line and interests,indudtng all easements,and all acharm ln,
devices and the right to erect such devices as are located thereon. SELLER CONSENTS to any change of
grade of the street and accepts payment under this agreement for any and all damages arlsing therefrom.
SELLER ACKNOWLEDGES full selllemem and payment from Buyer far all claims per Me terms of Nls
agreement and discharges Buyer from liability because of Me agreement and the monsO tlon of this public
improvement project
11. Seller states and warmnls that,to Me best of SellefY knowledge,there is no Wool site,well,sold waste
disposal site,naval,sewage disposal systems.Wa dous substance.nor underground storage said,on the
premises described and sought herein,except,
None
12. This written g.m.nd amok utss Ne entire agreement herdeen Buyer and Seller and Mere is no agreement
lU do or col W do any act or dead except as specifically provided for herein.
13. Buyer hereby gives notice of Sellers five-year right to renegotiate canslrucem or matnlenmwe damages not
apparent at We time of the signing of Nis agreement as required under Sector 6B.52 of Me Code UI loam.
19, The Sellers grant to Ne Buyer mor temporary easement for Me purpose of grading.The Right-of-Way Besign
Plot Plan,attached as a page 4 of Nis agreement,graphically 111therales Na proposed temporary easement
area being granted.The temporary easement ts also shown on the attached plats and descriptions. The
femporery easement shall mormate on completion of this highway project.
Page
Page 15
SELLER'S SIGNATURE AND CLAIMANTS CERTIFICATION: Upon due approval and execution by the
Buyer,we the Undersigned claimants cludify the Total Lump Sum payment shown herein is just and unpaid.
PORTZEX BUILDING FI RNI,L.L.C.
By BY:
Name.Michael E Percent.&tanago, Neme:
This section to be completed by a Notary Public.
Both columna must be completed.
CAPACITY CLAIMED BY SIGNER:
SELLER'S ACKNOWLEDGMENT I INDIVIDUAL
STATEOF ) I CORPORATE
COUNTVOF I. Tllya)orcorporate Dlficwlsl:
On IM1Is day o! A.O_'(o_.Cefarn run lin
untlermjnetl.a No4vy Puflic in e�M ysaitl Blale,personally appaertb i _ No
Seal is cou
c GeneraleSealal procured
_
PARTNER(r)
_ Limltae ParinersRp
m me panonwlly k. Genwal partnership
or _provedlo Meanlbebadhaleclsfadaylooncr _ XECUTE (s)wTR
_ EXECUTORts)w TRUSTEEts)
Ip be the permnts) chose turre(s),".wpoplane to the wtNn Instrument and I _ GUARDIAN(a)or CONSEROATOR(s)
acknowledges la me lief bMshelNeyexauktl the same In htvbeadeirauhareee I _ OTHER:
capacitylies).and live by hl&berabeir ignareads)onthe instrument lis patients), I SIGNER IS REPRESENTING:
or Ne entry upon behalf dwhich Me pareeMs)whet axeated the Instrument I Gd n ere(n)pAntilviral is pareonts)
IS.,In Ink) PORTZEN BUILDING FIRM LLC
(PdmlTdca Name)
Netary Public In ane for IN Sunni
Myoommedienexpkes
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA:ss: On this_day of ,20_,before me,the undersigned,
personally appeared known to me to be the
of Buyer and who did say that said instrument was signed an
behalf of Buyer by the authority duly recorded in Its minutes, and acknowledged the execution of said
instrument,which signature appears hereon to be the voluntary act and dead of Buyer and by ltvolunladly
executed,
Notary Public in and for the State of Iowa
BUYER'S APPROVAL
Recommended by; (Date)
Right of Way Project Agent:
Approved by:Gus Psihoyos (Date)
City Engineer
City of Dubuque,Iowa
Page 3
Page 16
EXHIBIT D
Page 17
EXHIBIT D
STONE MBROOK CENTER SECOND ADDITION a
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
GRAPHIC SCALE
a 150 JDa
SC eNORTH
DRAVWNG MAY HAVE BEEN REDUCED
I j
I /
/ Rc.J1-R9N-PEE
Sn
1 cw;.ms 31715'
NB]'IB'10' E
u, NE rna
_ —T-3 LOT G °Iil I SEC 6-18N:-flff
/ :F{ of two.MN..xa.
WA. IW Axo NE MR^
/ % OEIFXMM AREn Yi W SME OR.MR.
/ / JJyJTp I
..T OF WAY COXYEY.WCE Faa el.. A .� 2581 ACRE$ Y[efYn[
fµ REl AM TW Wol MEE REV.NEI/♦ V
aF So'a.
Ano xwl/.xEls/' sec.fi.T. -X.,R.1 a a z IIB EL
maN aF LAAD x.Rn9E w P 6 "by J9A'za. III' ttww FRIin
x9 sPEcmc Lacnnax as M%x SPEGRm
r LOT 2
1255
. p
�.. SEE DETAIL "B"
/ N _ �EWr `6 � SHEET 4
LOT i
PORTION OF EXISTING 2109 ACRES
STONE VALLEY RIGHT OF WAY �� 7•/ N C`J•J
TO BE VACATED
aR F
LOT J
• 2805 ALRES
xr Pr2rya aRaef. MR/1£ °a MI x w V E
/ a
X 1W.m. E
.LFLf IT o
Y9/OVOA'60I5®
suRvero9s,vc
n ..�.X•.�X A..RA,.w,I. 6ERE[
P .. .
oIGWN .VIt PLAT NO. -IA-N
OIEIXFL .SLi RRPJ. X0. 9912.-07
DAM 1-21-0. 1 SHEET ] e1 5
P: 99 IEh01 9ithDa C'n I1.-%AM
Page 18
EXHIBIT E
Page 19
w. .
EXHIBIT E
Prepared by: Laura Carstens, City Planner Address: City Hail,50 W.13th Street Telephone: 589-4210
RESOLUTION NO. 81 -04
A RESOLUTION APPROVING THE FINAL PLAT OF STONE BROOK CENTER
SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Stone Brook
Center Second Addition in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Stone Valley Drive
(Lot A) and Boulder Brook Court (Lot B), together with certain public utility easements,
which the owners by said final plat have dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory
Commission and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her
approval endorsed thereon, subject to the owners agreeing to the conditions noted in
Section 2 below; and
Whereas, said final plat has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating to it, except that no streets or public
utilities have yet been constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Stone Valley Drive (Lot A) and Boulder
Brook Court(Lot B), together with the easements for public utilities as they appear
upon said final plat, be and the same are hereby accepted; and
Section 2. That the Final Plat of Stone Brook Center Second Addition is
hereby approved and the Mayor and City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the
owners of said property herein named, execute their written acceptance hereto
attached agreeing;
(a) To reduce Stone Valley Drive (Lot A) and Boulder Brook Court (Lot B) to grade
and to construct concrete curb and gutter and to hard surface with asphaltic
concrete, or with concrete paving with integral curb, all in accordance with the
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Resolution No. —04
Page 2
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, in
accordance with construction improvement plans 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;
And, further provided that said NEZTROP, L.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 3. Sidewalk installation shall be the responsibility of the owner
abutting the public rights-of-way, including lots with multiple frontages, as required by
City Cade 41-161 through 41-164. The responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation wilt not be required until the development of
the lot has been completed, except as required herein. In sparsely developed
subdivisions, sidewalks on developed lots will not be required until 50% of the lots
approved by the plat have been developed. All vacant lots shall have sidewalks
installed upon development of 80% of the lots approved by the plat.
Section 4. The developer will maintain the detention facility constructed as
part of Stone Brook Center Second Addition until it has been fully completed and 80%
of the sum of the platted lots in the entire Stone Brook Subdivision 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 D)shall be assessed against the lot owners of Stone Brook Subdivision, in
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Resolution No. —04
Page 3
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 5. That the final acceptance of all public improvements shall occur
upon certification of the City Engineer to the City Council that all public improvements
have been completed in accordance with the improvement plans and City Standards
and Specifications and accepted by City Council Resolution.
Section 6. That in the event NEZTROP, L.L.C.,fails to execute the
acceptance and furnish the guarantees provided in Section 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 this 2nd day of February 2004.
Attest err
ance M. Duggan, or
anne F. Schneider, City Clerk
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ACCEPTANCE OF RESOLUTION NO. - 04
I, the undersigned, Michael Portzen, representing NEZTROP, L.L.C., having read
the terms and conditions of Resolution No. ?// —04 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated this 9 144� day of ��i crzv� 2004.
By. 4
Michael Portzen�/�
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CERTIFICATE OF CITY CLERK
STATE OF IOWA )
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I
have in my possession or have access to the records of the proceedings of the City
Council. I do further state that the hereto attached Resolution No. 61-04 is a correct
copy of the original Resolution No. 61-04 approved and adopted by the City Council of
the City of Dubuque, Iowa, at a session held by said Council on the 2ntl day of February,
2004.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 31tl day of February, 2004.
Jeanne F. Schneider, CMC
City Clerk
alb g I Y t •.
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