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Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5_Initiate Copyrighted January 4, 2021 City of Dubuque Items to be set for Public Hearing # 1. City Council Meeting ITEM TITLE: Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5 in Dubuque I ndustrial Center South First Addition, in the City of Dubuque, lowa For Vacating Petition (Simmons Pet Food I nc. Development Agreement) SUM MARY: City Manager recommending that a public hearing be set for January 19, 2021, for the vacation of right of way property described as Lot 5A of Dubuque I ndustrial Center South First Addition, in the City of Dubuque, I owa. RESOLUTION Resolution of intent to vacate a portion of Flexsteel Way, in the City of Dubuque, lowa, to be known as Lot 5A of Dubuque Industrial Center South FirstAddition, in the City of Dubuque, lowa SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing for January DISPOSITION: 19, 2021 Suggested Disposition: ATTACHMENTS: Description Type Petition to Vacate a Portion of Flexsteel Way-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Vacate Plat Supporting Documentation Area Map Supporting Documentation Notice of Public Hearing Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5 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 City Engineer Gus Psihoyos recommends that a public hearing be set for January 19, 2021, for the vacation of right of way property described as 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•pmerisa Ci$ Du8 E �m��,��, h� , � �.� , I I MRste iece on the MisSiSsi i zoo�•zoiz=zois � pp zoi�*zot9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Petition to Vacate a portion of Flexsteel Way between Lots 4 and 5 in Dubuque Industrial Center South First Addition, in the City of Dubuque, I owa 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 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 a public hearing should be held on January 19, 2021, for the vacation of the right of way property. ACTION TO BE TAKEN I respectfully request that a public hearing be held on January 19, 2021, for the vacation of the right of way property described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, lowa 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 Gus Psihoyos, City Engineer, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4276 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 5-21 RESOLUTION OF INTENT TO VACATE A 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, 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 including a portion of the Flexsteel Way right of way between Lots 4 and 5 of Dubuque Industrial Center South First Addition; and Whereas, the City of Dubuque has requested the vacation of a portion of Flexsteel Way, originally platted as Lot C of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa, in order to convey the property to Simmons per said development agreement; and Whereas, the City° .of Dubuque Engineering Department has prepared and submitted to the City Council a plat; 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, which hereinafter shall be known and described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate Lot 5A of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate Lot 5A of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa is hereby set for the 19th day of December, 2021, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 4th day of January, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, Cify Clerk Dubuque CITY OF D LJ�U�UE � FD.�"REBAR 0 FD.�"REBAR ENGINEERING DEPARTMENT � �--W/CAP#11306 �; �W/CAP#11306 CITY HALL, 50 WEST 13th STREET � NORTH � All•America Clty DUBUQUE, iA 52001-4864 � co � t ' PHONE (563)589-h270 FAX (563)589-h205 - (V / Drawn ey: RNK Approved By. RNK Date: 12-14•2020 LOT 3 v / o O �rj // L O T 5 A O F D U B U Q U E I N D U S T R I A L C E N T E R S O U T H DUB. IND. CEN. SOUTH �� o -d`n, � � FIRST ADDITION FIRST ADD. �M o SET.�°REBAR � 0 15' 30' 60' 2007 PER INST. NO. 2014-1397 N� � W/CAP#18128 N FD.g'REBAR SCALE 1" = 30' FEET , C.I.P.Number. ShaelNumber. 'I of 2 �v S87° 54�4��E 100.08� z /—W�CAP#11306 PLAT OF SURVEY (R.O.W. VACATION) OF �' S02° 05'2o"W 21.55' � ARC L=62.70' (62.72') LOT 5A OF DUBUQUE IRIDUSTRIAL CENTER SOUTH FIRST ADDITION� R=58.50' (5s.5o') o IN THE CITY OF DUBUQUE, IA \ POINT OF � DELTA 61° 24' 34" N COMPRISED OF: '� BEGINNING Q CHORD N28° 46' 12"W �' BEING A RIGHT OF WAY VACATION OF PART OF LOT C OF DUBUQUE INDUSTRIAL 59.74' (59.76') � � FD.�"REBAR � ao CENTER SOUTH FIRST ADDITION (FLEXSTEEL WAY), W/CAP#11306 � u? AT NE CORNER O FD.�"REBAR o IN THE CITY OF DUBUQUE, IOWA �j M LOT 5 � W/CAP#11306 c0 Q Q' � �� Q Q� ° °' }' o �� w � o LEGEND > Q U O DUB. IND OCEN. SOUTH � Q W � �w FIRST ADD. — � FOUND IRON ROD/PIPE AS SHOWN • PER iNST. rvo. 2o�4-�ss� �. p SET 5/8" REBAR WITH YELLOW ^ � � o� -� P L A S T I C C A P #1 8 1 2 8 o X -� ARC L=88.60' (88.5s') � R.O.W. RIGHT OF WAY � J R=83.50' (83.50') �' �- LL DELTA 60°47'43" �' (100.00') RECORDED DIMENSION " � a� CHORD N28°48'25"W � /� LINE BREAK LOT 5 � 84.50' (84.48') � ADJACENT PROPERTY LINE �ug. iN�. cEN. souTH � FIRST ADD. � - -- RIGHT OF WAY LINE (EXISTING) PER INST. NO.2014-1397 � � � � SET MAG NAIL o � � FOUND MAG NAIL o No2° 05' 56"E 28.26' a � FOUND GUT "X° ; cn �2g.23�� LOT 5A FD.�"REBAR � �W/CAP#11306 o NOTEs: 35,644 S.F. (0.818 ACRES) p 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF (CITY RESERVES A PUBLIC UTILITY �, 2. PROPRIETOR OF ABOVE DESCRIBED LOT:CITY OF DUBUQUE EASEMENT,A PEDESTRIAN BIKE/HIKE v s. suRVEY REQUESTE�BY:ciTY oF�usuQUE TRAIL ACCESS EASEMENT AND AN •• 4. TOTAL AREA OF PERIMETER SURVEYED IS 35,644 SQUARE FEET(0.818 ACRES) pp 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD : _ __ INGRESS/EGRESS EASEMENT FOR � -o s. �aTE oF suRVEY:11-3o-2ozo EMERGENCY VEHICLES AND CITY �r W � 7. ORIGINALLY PLATTED AS PARTNERS ROAD,RENAMED FLEXSTEEL WAY o � m MAINTENANCE VEHICLES OVER THE Q. PER INST.NO.2018-2293 � � FD.e"REBAR ~ m� � 8.CITY RESERVES A PUBLIC UTILITY EASEMENT,A PEDESTRIAN BIKE/HIKE TRAIL ENTIRETY OF LOT 5A) N = � >o W/CAP#11306 � M J p N �- ACCESS EASEMENT,AND AN INGRESS/EGRESS EASEMENT FOR EMERGENCY � � � ¢p ¢ W LL 1O VEHICLES AND CITY MAINTENANCE VEHICLES OVER THE ENTIRETY OF LOT 5A p O 'd' �1=- LL �� r- U) p o �oQ� ��O w ¢ z o `�' �F-p= _�W I hereb certif lhat ihis land surve in document was re ared and NOTE: � O U � z �_�JW W�OW7 Y Y Y 9 P P ��W� ��O LL� -�,t �O therelatedsurveyworkwaspertormedbymeorundermydirect THIS SURVEY IS LOCATED IN THE S'�oo j,n J p � �; ��}��- W m l��i S t f w� ersonal su ervision and lhat I am a dui Iicensed Land �_�Q�m w � �QC� r,�s P P v SW 1/4 SECTION 31,T89N,R2E 7$� o Z LL, cq m?m��Y U 1'❑ y G j�+ aG.c� S u ry e y o r u n d e r t h e l a w s o f t h e 5 l a t e o f l o w a. (D U B U Q U E T O W N S H I P) 3 6� N Z `G , o 0 0 �w°� ��?� ��« '.�t 1 Forthe City of Dubuque O F T H E 5 T H P.M.,I N T H E r8 2 o m o�°�o o W Q W= �� RUSSELL N. :-G CITY OF DUBUQUE,DUBUQUE � � w ��°x��`�°-�n M �r K I E F F t R �� C O U N T Y,I o w A LOT A 9,��82.6 3, Z � �- Z oW�� ,, k._ 18128 �� ) DUB. IND. CEN. SOUTH w J"v"� w '� • � FIRSTADD. p0��0 rs + W o a,�°°z o `�l r�.,...•'� �� f�"Z Z`z 0 Z f a P E R I N S T. N O.2 0 1 4-1 3 9 7 S E T.B��R E B A R �x a a a�>> `r' /OWP W/CAP#18128 W U Cf O��F- Russell N.Kieffer lowa Lfc.No.18128 Dale � O �a�� My license renewai date Is December 31,2022 Pages or sheels covered by this seal: PAGES 1 AND 2 ONLY . SURVEYOR'S CERTIFICATE I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of lowa, 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, lowa, 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, lowa, 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, lowa; 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 lowa. a��i _ " � �l ' 1 �.J' Date /Z "'2 2' 2fJ Z C) ��O�R�'*=��sG Russell N. Kieffer, P.L.S. No. 18128 ��,,4 '�..�� My license renewal date is Dec. 31, 2022 % :m Pages on sheets covered by this seal: this sheet only �: �tUSSE�.L N. ;.< °=�, KIEFFER ;� + 18928 : 2 k. ♦ � 'r �+� ��., .•�♦ � �rC�e r /OWA OWNER'S CONSENT Dubuque, lowa , 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, lowa, is made with the free consent and in aceordance 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 By: Roy D. Buol, Mayor By: � Adrienne N. Breitfelder, Clerk UNIVERSAL NOTARY CERTIFICATE STATE OF ) CAPACITY CLAIMED BY SIGNER INDIVIDUAL COUNTY OF ) _CORPORATE OFFICER(S) (Title) On this day of , 2021, before me, the undersigned, a Notary Public in and for said State, (CORP SEAL) personally appeared to me _AFFIXED personally known, OR _ proved to me on the basis of NO SEAL PROCURED satisfactory evidence to be the person(s) whose name(s) is/are PARTNER(S)_LIMITED_GENERAL subscribed to the within instrument and acknowledged to me ATTORNEY-IN-FACT that he/she/they executed the same in his/her/their authorized _TRUSTEE(S) capacity(ies), and that by his/her/their signature(s) on the GUARDIAN/CONSERVATOR instrument the person(s) acted, executed the instrument. _OTHER (Notary Seal) (Signinblueink) SIGNER IS REPRESENTING (PrinUtype name) Notary Public In and for State of lowa i 3 PLANNING SERVICES Dubuque, lowa , 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, lowa, or within the two-mile jurisdiction of the City of Dubuque, lowa, as defined under Section 354 of the Code of lowa, 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. Wally Wernimont, City Planner Planning Services Division City of Dubuque, lowa CITY OF DUBUQUE, IOWA Dubuque, lowa , 2021 The undersigned, Roy D. Buol, Mayor, and Adrienne N. Breitfelder, Clerk of the City of Dubuque, lowa, do hereby certify that 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, lowa, as appears heretofore has been filed on day of , 2021 as Resolution # in the office of the City Clerk of Dubuque, lowa and that the City Council of the City of Dubuque, lowa approves said plat. Mayor of the City of Dubuque, IA Clerk of the City of Dubuque, IA COUNTY AUDITOR Dubuque, lowa , 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, lowa was entered of record in the office of the Dubuque County Auditor this of , 2021. We approve the subdivision name or title shown hereon to be recorded. Denise M. Dolan Dubuque County Auditor 4 I CITY ASSESSOR Dubuque, lowa , 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, lowa was entered of record in the office of the Dubuque County Assessor this of , 2021. , Troy Patzner, Dubuque City Assessor -. RECORDER'S CERTIFICATE Dubuque, lowa , 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, lowa has been reviewed by the Dubuque County Recorder. � John Murphy Recorder of Dubuque County 5 Special Achievement in GIS Insert Title THE"TYVF i � 2018 Award Winner DUB E A4r�sterpiece ou Nie Mi�.is�ippi Insert Subtitle {. , k�� ,.. �' b ,� ,� _ ; +' ; '-, i yt �'r .�. Y� �,:I � fi C".� '. .� S �t.. ..\� Y '� r• � �f�`"`x�"�� '- "',+�c-u• F". _ ;. � J�•�� • � . . j ;� ' � _ -e'f Y Tap - _ ..�.��0�! t +_ '�1� R,•w�� a x �'*'Y �$.F`.; u'�+� -"��. 501 �.:, -�. 5 � _ `� �.r� � x ��{�., \.� !� �J �Y N,�,��.�g ��"�' S(f-�\;�� .z' . ,� - ,P'. 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"�'"1';;�t.` V - . . � � �� ,� � . . ;'i��., _ . . +�a� ° �. ,�, % s„ � . i: ` L '' . di.•-.. �.r,_*,��'w� }.�*✓t��' � . �.� ' , . .' s.. _. � -�,� :- ;.K:y� , City of Dubuque'�Office;-oi GIS DISCLAIMER:Th�is�information was�ompiled �o�ing[he Dubuque Area 6eographic Informa[ion SYsfem n��s�,wn�n��waes aaca�,eacea bv bom me aty or Map Prepared by: o�b�q�e a�a o�b�q�e co��ty. ¢�s��de�srood mat wn�ie Clt Of DUbU U2 the Ci[y of Dubuque and par[icipa[ing agencies u[ilized fhe Y q r'°�`""eO`a°°a`"'a`e'°`°""a"°°a"a"ab'e °AG's a°° 1 ineh = 100 feet Engineering Division ==�PP�e,=do�o�wa«a�<<he a«�,a�v o,��«e��v of�he `n/ C ��ro�mac�o�o�daca�o�ca��ed ne�e��.rne ccv a�d pamrpan�9 V V C 50 West 13th Street a9e��es sna��oc be ne�a�ab�e ro,a��a,e�c,�a,e�c,��me�ca�, DUbUqUe,IOWa 52001 co sequen[ial,puni[ive,or special damages,whe[her foreseeable or ��ro�eseeabie,a�s�9 o�c or me a�mo�aea o��a�mo,aea�se or 100 50 0 100 Feet Ph0112:(563)589-4270 m��s aaea o�me��ab�rcv co�se m�s aaca o�o�c or a�v b,ea�n or wa��a�ry wnar�oe�e� Fax:(563)589-4205 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa will hold a public hearing on the 19t" day of January 2021 at 6:30 p.m. virtually at which meeting the City Council proposes to vacate the following described real property to Simmons Pet Food, Inc.: Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on January 15, 2021 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk _cityofdubuque.orq. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, City Hall, 50 W. 13t" St., Dubuque, lowa. To comply with social distancing mandates, documents can be viewed at https://www.citvofdubuque.orq/Aqendas or by contacting the City Clerk's Office at 563-589-4100. Written comments regarding the above public hearing should be submitted to the City Clerk's Office, 50 W. 13t" St., Dubuque, IA 52001, ctyclerk _cityofdubuque.orq, on or before said time of public hearing. At said time of public hearing all interested citizens and parties will be given an opportunity to submit online written comments for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk cityofdubuque.orq as soon as feasible. Deaf or hard- of-hearing individuals can use Relay lowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 4t" day of January 2021. Adrienne N. Breitfelder, City Clerk