Approval of Plat of Survey of Lot 5A in Dubuque Industrial Center South for Vacating Petition Copyrighted
January 4, 2021
City of Dubuque Consent Items # 7.
City Council Meeting
ITEM TITLE: Approval of Plat of Survey of Lot 5A in Dubuque Industrial Center South
First Addition, in the City of Dubuque, lowa for Vacating Petition
(Simmons Pet Food Inc. DevelopmentAgreement)
SUM MARY: City Manager recommending approval of the Plat of Survey of Lot 5A of
Dubuque I ndustrial Center South First Addition, in the City of Dubuque,
I owa.
RESOLUTION Resolution approving Plat of proposed vacated portion
of Flexsteel Way, in the City of Dubuque, lowa, to be known as Lot 5A of
Dubuque I ndustrial Center South First Addition, in the City of Dubuque,
I owa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Approval of Plat of Survey of Lot 5A-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Vacate Plat Supporting Documentation
Area Map Supporting Documentation
Dubuque
THE CITY OF �
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Maste iece on tj2e Mississi i zoo�•zoiz•zois
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of Plat of Survey of Lot 5A in Dubuque Industrial Center South
First Addition, in the City of Dubuque, lowa for Vacating Petition (Simmons
Pet Food Inc. Development Agreement)
DATE: December 23, 2020
Per Resolution No. 359-20, the City of Dubuque has entered into a development
agreement with Simmons Pet Food, Inc. for the sale of City owned property to be used
for their proposed pet food facility at the south end of Flexsteel Way. The property to be
conveyed to Simmons includes a portion of the Flexsteel Way right of way (originally
platted as Lot C) between Lots 4 and 5 of Dubuque Industrial Center South First
Addition.
City Engineer Gus Psihoyos recommends City Council approval of the Plat of Survey of
Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, lowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Gus Psihoyos, City Engineer
Jill Connors, Economic Development Director
Rick Dickinson, President & CEO, Greater Dubuque Development Corporation
Dubuque
THE CITY OF �
All•pmerica Ci$
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MRste iece on the MisSiSsi i zoo�•zoiz=zois
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Approval of Plat of Survey of Lot 5A in Dubuque Industrial Center South
First Addition, in the City of Dubuque, lowa
For Vacating Petition (Simmons Pet Food Inc. Development Agreement)
DATE: December 22, 2020
INTRODUCTION
This is in response to a request from the City of Dubuque for the vacating of a portion of
Flexsteel Way between Lots 4 and 5 in Dubuque Industrial Center South First Addition,
in the City of Dubuque, lowa.
BACKGROUND
Per Resolution No. 359-20, the City of Dubuque has entered into a development
agreement with Simmons Pet Food, Inc. for the sale of City owned property to be used
for their proposed pet food facility at the south end of Flexsteel Way. The property to be
conveyed to Simmons includes a portion of the Flexsteel Way right of way (originally
platted as Lot C) between Lots 4 and 5 of Dubuque Industrial Center South First
Addition.
DISCUSSION
The attached plat shows the right of way area proposed to be vacated. The right of way
area to be vacated is described as Lot 5A of Dubuque Industrial Center South First
Addition, in the City of Dubuque, lowa. The City of Dubuque is reserving a public utility
easement, a pedestrian bike/hike trail access easement, and an ingress/egress
easement for emergency vehicles and city maintenance vehicles over the entirety of
said Lot 5A.
The alley right of way area to be vacated needs to be platted. The City of Dubuque
Engineering Department has prepared the attached vacation plat.
RECOMMENDATION
I am recommending that the plat of survey (vacation plat) be approved.
ACTION TO BE TAKEN
I respectfully request that the Plat of Survey of Lot 5A of Dubuque Industrial Center
South First Addition, in the City of Dubuque, lowa, be approved through adoption of the
enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
cc: Jill Connors, Economic Development Director
Barry Lindahl, Senior Counsel
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 4-21
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
FLEXSTEEL WAY, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 5A
OF DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, therehas been presented to the City Council of the City of Dubuque,
Iowa, a plat dated December 22, 2020 prepared by the City of Dubuque Engineering
Department, showing the proposed vacated area of Flexsteel Way between Lots 4 and 5
of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa and
assigned a lot number thereto, to be known as Lot 5A of Dubuque Industrial Center South
First Addition, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated December 22, 2020 prepared by the City of
Dubuque Engineering Department, relative to the real estate hereinabove described be
and the same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. The City of Dubuque reserves a public utility easement, a pedestrian
bike/hike trail access easement, and an ingress/egress easement for emergency vehicles
and city maintenance vehicles over the entirety of said Lot 5A.
Section 3. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 4t" day of January, 2021.
^ ZeJ
oy D. Buol, Mayor
Attest:
"
Adrienne N. Breitfelder, City Clerk
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Dubuque
All -America City
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RNK Approved By: RNK Dale: 12.14.2020
LOT 5A OF DUBUQUE INDUSTRIAL CENTER SOUTH
FIRST ADDITION
C.I.P. Number. I Sheet Number. 1 of 2
LOT 3
DUB. IND. CEN. SOUTH
FIRST ADD.
PER INST. NO, 2014-1397
PLAT OF SURVEY (R.O.W. VACATION) OF
LOT 5A OF DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION,
IN THE CITY OF DUBUQUE, IA
COMPRISED OF: _
BEING A RIGHT OF WAY VACATION OF PART OF LOT C OF DUBUQUE INDUSTRIAL
CENTER SOUTH FIRST ADDITION (FLEXSTEEL WAY),
IN THE CITY OF DUBUQUE, IOWA
LEGEND
9 FOUND IRON ROD/PIPE AS SHOWN
0 SET 5/8" REBAR WITH YELLOW
PLASTIC CAP #18128
R.O.W. RIGHT OF WAY
(100.00') RECORDED DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
— — — RIGHT OF WAY LINE (EXISTING)
® SET MAG NAIL
® FOUND MAG NAIL
® FOUND CUT "X
NOTES:
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: CITY OF DUBUQUE
3. SURVEY REQUESTED BY: CITY OF DUBUQUE
4. TOTAL AREA OF PERIMETER SURVEYED IS 35,644 SQUARE FEET (0.818 ACRES)
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
6. DATE OF SURVEY: 11-30-2020
7. ORIGINALLY PLATTED AS PARTNERS ROAD, RENAMED FLEXSTEEL WAY
PER INST. NO. 2018-2293
8. CITY RESERVES A PUBLIC UTILITY EASEMENT, A PEDESTRIAN BIKE/HIKE TRAIL
ACCESS EASEMENT, AND AN INGRESS/EGRESS EASEMENT FOR EMERGENCY
VEHICLES AND CITY MAINTENANCE VEHICLES OVER THE ENTIRETY OF LOT 5A
hereby certify that this land surveying document was prepared and
ri,v�
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
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Surveyor under the laws of the State of Iowa.
a R+SSELL N'
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For the City of Dubuque
KIEFFER
' 18128
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Russell N. Kieffer Iowa Lie. No. 18128 Dale
My license renewal date is December 31, 2022
Pages or sheets covered by this seal: PAGES 1 AND 2 ONLY
LOT 5
DUB. IND. CEN. SOUTH
FIRST ADD.
PER INST. NO.2014-1397
NOTE:
THIS SURVEY IS LOCATED IN THE
SW 1/4 SECTION 31, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M., IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
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ARC L=62.70' (62.72')
R=58.50' (58.50')
DELTA 610 24' 34"
CHORD N280 46' 12"W
59.74' (59.76')
ARC L=88.60' (88.58')
�83.50' (83.50')
ELTA 600 47' 43"
CHORD N280 48' 25"W
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DUB. IND. CEN. SOUTH
FIRST ADD.
PER INST. NO. 2014-1397
FD. I" REBAR
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DUB. IND. CEN. SOUTH
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SURVEYOR'S CERTIFICATE
I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real
estate was survey and platted by me or under my direct personal supervision, To Wit;
Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa, being a R.O.W.
vacation of a portion of Flexsteel Way, originally platted as Lot C, in Dubuque Industrial Center South First
Addition, in the City of Dubuque, Iowa, more particularly described as follows:
Lot 5A of Dubuque Industrial Center South First Addition
Beginning at the northeasterly corner of Lot 5 of, Dubuque Industrial Center First Addition, in City of Dubuque,
Iowa;
Thence North 02 Degrees 05 Minutes 20 Seconds East along the westerly right of way line of Flexsteel Way a
distance of 21.55 feet;
Thence South 87 Degrees 54 Minutes 40 Seconds East a distance of 100.08 feet to a point on the easterly right
of way line of Flexsteel Way;
Thence southeasterly along the easterly right of way line of Flexsteel Way, being a circular curve concave to the
east having an arc length of 62.70 feet, a radius of 58.50 feet, a chord of 59.74 feet which bears South 28
Degrees 46 Minutes 12 Seconds East;
Thence southeasterly along the easterly right of way line of Flexsteel Way, being a circular curve concave to the
west having an arc length of 88.60 feet, a radius of 83.50 feet, a chord of 84.50 feet which bears South 28
Degrees 48 Minutes 25 Seconds East;
Thence South 02 Degrees 05 Minutes 56 Seconds West along the easterly right of way line of Flexsteel Way a
distance of 28.26 feet;
Thence continuing South 02 Degrees 05 Minutes 56 Seconds West along the easterly right of way line of
Flexsteel Way a distance of 104.72 feet;
Thence North 70 Degrees 18 Minutes 36 Seconds West along the southerly right of way line of Flexsteel Way a
distance of 182.69 feet;
Thence North 02 Degrees 06 Minutes 14 Seconds East along the westerly right of way line of Flexsteel Way a
distance of 179.99 feet to the point of beginning, containing 35,644 square feet, more or less, and is subject to
easements, reservations, restrictions and rights of way of record and not of record.
The above -described parcel shall hereinafter be known as Lot 5A of Dubuque Industrial Center South First
Addition, City of Dubuque.
The above -described lot(s) were surveyed and platted for right-of-way purposes, the plat of which is attached
hereto and made a part of this certificate. All monuments were placed or shall be placed within one year from the
date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work was performed by
me, or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the
laws of the State of Iowa. �f
tr,. v 6 ` I Date % Z" Z G' 207, 0
RUSSELL N. ;%-'
S KIEFFER ; 0
18128 (I
�_ WY, :, aaa•
araaaa+•
Russell N. Kieffer, P.L.S. No. 18128
My license renewal date is Dec. 31, 2022
Pages on sheets covered by this seal: this sheet only
2
OWNER'S CONSENT
Dubuque, Iowa
2021
The foregoing Plat of Survey (R.O.W. Vacation) of: Lot 5A of Dubuque Industrial Center South First
Addition, City of Dubuque, County of Dubuque, Iowa, is made with the free consent and in accordance
with the desires of the undersigned owners and proprietors of said real estate. The City of Dubuque hereby
reserves a public utility easement, a pedestrian bike/hike trail access easement, and an ingress/egress
easement for emergency vehicles and city maintenance vehicles over the entirety of said Lot 5A.
City of Dubuque
Roy D. Buol, Mayor
By: aq'll� /v &4"
Adrienne N. Breitfelder, Clerk
UNIVERSAL NOTARY CERTIFICATE
STATE OF
COUNTY OF .D4 6
L.,On this �_ day 2021, before me,
the undersigned, a N tary u c In and for said State,
personally appeared Aj;V ;� "� . 3c + /ot� to me
personally known, OR _ proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) acted, executed the instrument.
(Notary Seal),
(Sign in blue ink)
a; ?'omission Number 71998 rint/type name)
4"hy Commission Expires otary Public in and for State of Iowa
fa•13• a3
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
X CORPORATE OFFICER(S)
0'9 \ and `'IL C I e r (Title)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) _LIMITED _GENERAL
_ATTORNEY -IN -FACT
_TRUSTEE(S)
_GUARD IAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING
L
3
PLANNING SERVICES
Dubuque, Iowa
cs� Dow
, 2-02-1-
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 5A of Dubuque Industrial Center South First
Addition, City of Dubuque, County 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 oUtheCit ! Dubuque of
Ordinances, and said approval has been endorsed herein on the date first wnimo t, ity Planner
- Pla ping S ices Division
City of Dubuque, Iowa
Dubuque, Iowa
CITY OF DUBUQUE, IOWA
Je,Auk0,r , 2021
The undersigned, Roy D. Buol, Mayor, and Adrienne N. Breitfelder, Clerk of the City of Dubuque, Iowa, do
hereby certify that the foregoing Plat of Survey (R.O.W. Vacation) of Lot 5A of Dubuque Industrial Center
South First Addition, Cit of Dubuque, County of Dubuque, Iowa, as appears heretofore has been filed
on w+h day of o�/tUlo�/'�/ , 2021 as Resolution # -I— 1I in
the office of the City Clerk of Dubuque, Iowa and that the City Council of the of Dubuque, Iowa
approves said plat.
Mayor o e City of Dubuque IAA_
Qvv►.� %ALL ,����
Clerk of the City of Dubuque, IA
COUNTY AUDITOR
Dubuque, Iowa ' 1 AWMA
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 5A of Dubuque Industr' rite outh
Addition, City of Dubuque, County of Dubuque, Iowa was entered of record in r, ice- th ' bu
County Auditor this of 2021. We approve the subdjr i n me or title sho
hereon to be recorded.
,Dubuq
bv�
0
CITY ASSESSOR
Dubuque, Iowa
, 2021
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 5A of Dubuque Industrial Center South First
Addition, City of Dubuque, County of Dubuque, Iowa was entered of record in the office of the
Dubuque County Assessor this :- of Januoj- , 2021.
U1G
Troy Patzner SSc 4Sd
Dubuque City Ass ssor
RECORDER'S CERTIFICATE
Dubuque, Iowa
QC ®J — ,2021
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 5A of Dubuque Industrial Center South First
Addition, City of Dubuque, County of Dubuque, Iowa has been reviewed by the Dubuque County
Recorder.
Jon , rphy
R corder of Dubuque Count
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Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1311 Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 4-21
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
FLEXSTEEL WAY, IN THE CITY OF DUBUQUE; IOWA, TO BE KNOWN AS LOT 5A
OF DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION, IN THE CITY OF
DUBUQUE, IOWA
'Whereas, there' has been presented to the City Council of the City of Dubuque,
Iowa, a _plat dated December 22,'2020 prepared by the City of Dubuque Engineering
Department-, showing the proposed vacated area of Flexsteel Way between Lots 4 and 5
of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa and
assigned a lot number thereto, to be known as Lot 5A of Dubuque Industrial Center South
First Addition, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated December 22, 2020 prepared by the City of
Dubuque Engineering Department, relative to the real estate hereinabove described be
and the same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. The City of Dubuque reserves a public utility easement, a pedestrian
bike/hike trail access easement, and an ingress/egress easement for emergency vehicles
and city maintenance vehicles over the entirety of said Lot 5A.
Section 3. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 4t" day of January, 2021.
k ZeJ
oy D. Buol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
1, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City 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. 4-21 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated! at Dubuque, Iowa, on this 5t" day of January, 2021.
'A'i
AF
Adrienne N. Breitfelder, bty Clerk
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