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Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5 in Dubuque Industrial Center South First Addition_Hearing Copyrighted January 19, 2021 City of Dubuque Public Hearings # 2. 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) SUMMARY: Proof of publication on notice of public hearing forapproval of the vacation of a portion of Flexsteel Way between Lots 4 and 5 in Dubuque Industrial Center South FirstAddition, in the City of Dubuque, lowa, and City Manager recommending approval. RESOLUTION Vacating a portion of Flexsteel Way, in the City of Dubuque, lowa, to be known as Lot 5A of Dubuque I ndustrial Center South FirstAddition, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Petition to Vacate a Portion of Flexsteel Way-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Plat Supporting Documentation Area Map Supporting Documentation Proof of Publication 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: January 10, 2021 City Engineer Gus Psihoyos recommends City Council approval of the vacation of a portion of Flexsteel Way between Lots 4 and 5 in 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: January 6, 2021 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. RECOMMENDATION I am recommending the vacating of Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, lowa. ACTION TO BE TAKEN I respectfully request that the vacating of Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, lowa be approved through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: Jill Connors, Economic Development Director Barry Lindahl, Senior Counsel 2 Prepared by: Nate Kieffer City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 17-21 RESOLUTION VACATING 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 dated December 22, 2020 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; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 8th day of January 2021, the City Council of the City of Dubuque, Iowa met by virtual means on the 19th day of January 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacation of Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, be and the same is hereby vacated. Passed, approved and adopted this 19t" day of January 2021. D. oy D. Buol, Mayor Attest: a"l �-.. "-pi. A i *d' 4- f - Adrienne N. Breitfelder; City Clerk INDEX LEGEND: Reserved for Recorder LOCATtON:LOT C OF DUBUQUE INDUSTRIAL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIiIIIIIIIIIIIIIii CENTER SOUTH FIRST ADDITION, CITY OF DUBUQUE,IOWA (FLEXSTEEL WAY RIGHT OF WAY) Doc ID: 010652980008 Type: GEN REQUESTOR:CITY OFDUBUQUE Kind; SURVEY PLAT PROPRIETOR:CITY OF DUBUQUE Recorded: O1/05/2021 at 04:17:52 PM SURVEYOR:RUSSELLN.KIEFFER Fee Amt: $42.00 Paqe 1 of 8 SURVEYOR COMPANY:CITY OF DUBUQUE DUbuqUe COUnty IOWd John Murphy Recorder RETURN TO:RUSSELL N.KIEFFER,CITY OF DUBUQUE 2 021 000002 5 5 50 WEST 13TH ST.,DUBUQUE,IOWA 52001 File � Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 /�� Q .'�'= � RI.!�e"��. 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PLATTEDAS o � w m m � � � � C � r LOT C D.I.C.S 1 ST ADD. o a,w � mrG � mmo �m � 0 (SEENOTE#7) o0 ni p = � m � � D p -I ti� r � m � � � C � � c� ° cmn � � ZZO° oo D � c� o � � � D � ZZ� Wn A �„ p � � n NO2° 04'S0"E 654.00' Na' m � -� z � � n � � y �„ r (653.92') rn � n �n � m � � � � rn � '�' � ` = � OD = � m Z a' Zo.-. � \ ��,� m � Zm � � � � � wo � / � � �-- ° y U, ��, ( CIl 00 �� OD D»; �� W p0 � O O Cr N ' � �m �°a;" � � pp oD �m � N C = y �� oW�,� ap � (A O w � � v n � v A ��, p m � r r D� CnZ -rltno� m� �°�" co ►.� yoory ; � ,� WD � � �' oo n w o m p rn� i � iv i a� � � � � w N NO2° 05'56"E 104.72' (104.72') Z ,oco � N W O N �� �] 1 C F�! � (n �1 Z < 'A...� � f-LI n � � � r � � LOTA p � m � Z �� DUB. IND. CEN.SOUTH �, p z �' �' �"�' FIRST ADD. D v, � o tn z �� PER INST. NO. 2014-1397 � o m m� �m W —I � oD y 2 rn� 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 piatted 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 af 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 Dubuaue Industrial Center South First Addition Beginning at the nartheasterly corner of Lot 5 of Dubuque Industrial Center First Addition, in City of Dubuque, lowa; Thence No�th 02 Degrees 05 Minutes 20 Seconds East along the westerly right of way line of Flexsteef Way a distance of 21.55 fee#; 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 iength 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 Sauth 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 feef; 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 ta easements, reservatians, 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 fram the date this plat is recordsd. I hereby certify that #his 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. �e��� v l ' � �' Date f Z `2 Z' 20 �Z O `p���•-��s R u s s e l l N. K i e ff e r, P.L.S. N o. 1 8 1 2 8 �c,��',.• '•G,PG My license renewal date is Dec. 31, 2022 O:� �^�ELL N. �;�c Pages on sheets covered by this seal: this sheet only °C: KIEFF�i� ;� ; 18128 2 . .� .= �`-r•....••' ' � �OWA OWNER'S CONSENT Dubuque, lowa �l1u�l' �lth , 2021 The foregoing Piat 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 accardance with the desires af 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 entirery of said Lot 5A. City of Dubuque By: 4/ Roy D. Bual, Mayor By: ��'��c.2!�'�"�Q I//. . Adrienne N. Breitfel er, Clerk UNIVERSAL NOTARY CERTIFICATE STATE OF ��u-x'v ) CAPACITY CLAIMED BY SIGNER INDIVIDUAL COUNTY OF �r b ) X CORPORATE OFFICER(S On this da o �c.,4 2021, before me, �0`��'^ An d C,�Fv C I e r �{Title) � Y �' CORP SEAL the undersigned, a N��ry �u 't�c vn and for said State, � . ) personally appeared c►���..�,�- �J . 3c.._+�/�ar 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 persan{s}acted—, efxecute the instrument. _OTHER (NotarySeal) �( � i—�- (Sign in blue ink) SIGNER IS REPRESENTING .:.:...-.-__ .. � . LEA ON • L• � o� k� r�s�. C�t�S �;tJ 0� �a�Uq�,C. nmiss�on Number 71998 rinUtype name) vr� "��'Comm�ssian Expires otary Public in and for State of lowa �-�-- �a • I_3�_�3 __J 3 PLANNING SERVICES /z - z.q ��;. Dubuque, lowa , 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 Ci#y 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 Ci o Dubuque of Ordinances, and said approval has been endorsed herein on the date first written e. ly rnimo , ity Planner Pla ning S ices Division City of Dubuque, lowa CITY OF DUBUQUE. IOWA Dubuque, lowa Tanuo.ry "1 , 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, Cit of Dubuque, County of Dubuque, lowa, as appears heretofore has been filed on w'µ' day of �o.nua�y , 2021 as Resolution # ��- �I in the office of the City Clerk of Dubuque, lowa and that the City Council of the of Dubuque, lowa approves said piat. Mayor o e City of Dubuque, IA a��� n� ����f� Clerk of the City of Dubuque, IA COUNTY AUDITOR >' • � " Dubuque, lowa Jotnu Arv► �` ,��zo2a�,�,� ;, � __ ., t� The foregoing P{at of Survey (R.O.W. Vacation) of Lot 5A of Dubuque Industr' � hte outh,��s'� Addition, City of Dubuque, County of Dubuque, lowa was entered of record in ic �t�.d�bu � �, County Auditor this �l of Janvo�x , 2021. We approve the subdivi ` '� n me or title►sho ` hereon to be recorded. � t?9 .` � �,� '; ' �� 1 ! � �' ' �171� 1 '`� �. ';��� ev Dr��, Dut�uqu�i��u�lty A�r ` b� � 4 CITY ASSESSOR Dubuque, lowa 1- s� a ! , 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 5 of �an u o,r� , 2021. �Y Troy Patzner �SS���q, Dubuque City Ass ssor RECORDER'S CERTIFICATE Dubuque, lowa �� - � "rJ — , 2021 The foregoing Plat of Survey (R.O.W. Vacation) of Lot 5A of Dubuque Industrial Center South First Addition, City af Dubuque, County of Dubuque, lowa has been reviewed by the Dubuque County Recorder. Jo n rphy R corder of Dubuque Coun `�� �/''a� , . J 'E i��tt�,r,:;t�t� . „ �t�+� c::. ;� '`���...�de �Y:r_ ���. �•�� -,.'`', :,�;�: ;'��z '�...,�. ��A� �� •, r :�}i ..��•. ��� ;�.,;} , . �,.� , -� :;��.�;. ,^ ''•Q, .� � '`,y,� , -,, .;,;� �� ��, . , :•�::�Ft;:i�� . 5 Prepared by: Nate Kieffer,City of Dubuque,50 W.13'"Street,Dubuque,IA 52001 (563)589-4270 Return to: Nate Kieffer,Cily of Dubuque,50 W.13'h 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, lowa, 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, lowa and assigned a lot number thereto, to be known as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, lowa; 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 Ertgineering 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, lowa. 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. Sectian 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, lowa. Passed, approved and adopted this 4th day of January, 2021. �Y, /:�1�t�..l' „ , oy D. Buol, Mayor Attest: ?1 � t���l Q�� Adrienne N. Breitfelder, ity Clerk CERTIFICATE of t`i,e CITY CLERK STATE OF IOWA ) ) SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, lowa, 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, lowa. _Qated;at Dubuque, lowa, on this 5�" day of January, 2021. -F .e.. ., ,��'�� � � .:����� a F , ;r.. . ,,,%���. ,,,, , ��.r`,,, + Adrienne N. Breitfelder, ity Clerk , i/,. a �pa • �� �,�;�'���' F�^� F `t �, n •� ��i'�'. ;'.�J�y • � ¢V e�i: • � ' � �����y,�' ��q.�{�'�1► �. 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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 Doc ID: 010662480004 Type: GEN Kind: RESOLUTION Recorded: 01/21/2021 at 02:08:01 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder File202 1-0000 1. 142 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 17-21 RESOLUTION VACATING 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 dated December 22, 2020 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; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 8th day of January 2021, the City Council of the City of Dubuque, Iowa met by virtual means on the 19th day of January 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and 7— 2 00 (S) q N) l kl Q-C Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacation of Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, be and the same is hereby vacated. Passed, approved and adopted this 19t" day of January 2021 J" e 4:: �- z oy D. Buol, Mayor Attest: ,1/0. &4MY - Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, 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. 17-21 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 21 st day of January, 2021. Adrienne N. Brreitfelder, City Clerk Dubuque CITY OF IDL..J BUQUIE ENGINEERING DEPARTMENT FD.t REBAR W/CAP#11306 a CITY HALL, 50 WEST 13th DUBUQUE A 52001-4864REET All -America U) U) N LO , PHONE (663) 589-4270 FAX (563) 589-4205 ?� Drawn By: FINK ApprovdByRK Dale: 12.14.2020 T3 aN o co a LOT 5A OF DUBUQUE INDUSTRIAL CENTER SOUTH DUB. IND. CEN. SOUTHCL , Q • FIRSTADD, FIRST ADDITION N to Q �0Q7 PER INST. NO, 2014-1397 C.I.P. Number: Sheet Number: 1 of 2 N in co wrcAialse OF-ML. pr ® PLAT OF SURVEY (R.O.W. VACATION) OF y S87° 54' 40"E 100.08' 00 D. '©~ ° cvaoo>w LOT 5A OF DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION, sot° 05' 20"w z1.55' }0N +�aN owavQ� IN THE CITY OF DUBUQUE, IA \ POINT OF ^ 00: •• U n a c ® W d) 1 ar = ti N COMPRISED OF: ---�_ BEGINNING (� o " _E N ►+ L¢ Cr BEING A RIGHT OF WAY VACATION OF PART OF LOT C OF DUBUQUE INDUSTRIAL FD. t REBAR X D o _ G 0 a,Q.0 -1 OD CENTER SOUTH FIRST ADDITION (FLEXSTEEL WAY), W/CAP #11306 -- ° x a°c li o h U. o � IN THE CITY OF DUBUQUE, IOWA AT NE CORNER LOT 5 O � Q `� a a Q W ww o LEGEND 0)1-- o ¢ 0 -J a - Z 0 FOUND IRON ROD/PIPE AS SHOWN W ow gow o p SET 5/8" REBAR WITH YELLOW o u) PLASTIC CAP #18128 o co O o W R.O.W. RIGHT OF WAY c (100.00') RECORDED DIMENSION LINE BREAK LOTS w ADUB. IND. CEN. SOUTH ADJACENT PROPERTY LINE FIRST ADD. >y -- — RIGHT OF WAY LINE (EXISTING) PER INST. NO.2014-1397 d N ® SET MAG NAIL r ® FOUND MAG NAIL N 0 FOUND CUT "X" N w j NOTES: 0 46 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF w 2. PROPRIETOR OF ABOVE DESCRIBED LOT: CITY OF DUBUQUE 3. SURVEY REQUESTED BY: CITY OF DUBUQUE m 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 'a 6. DATE OF SURVEY: 11-30-2020 W1,D7. ORIGINALLY PLATTED AS PARTNERS ROAD, RENAMED FLEXSTEEL WAY O b PER INST. NO.2018-2293 03 8. CITY RESERVES A PUBLIC UTILITY EASEMENT, A PEDESTRIAN BIKE/HIKE TRAIL } o N LO �- ACCESS EASEMENT, AND AN INGRESS/EGRESS EASEMENT FOR EMERGENCY ap j a VEHICLES AND CITY MAINTENANCE VEHICLES OVER THE ENTIRETY OF LOT 5A t- �oQO �O f I hereby certify that this land surveying document was prepared and ? I,-O W W 0 W f WD R LL C, ja uj =) -j O LL C7 Q W W � a i. the related survey work was performed by me or under my direct personal supervision that I am a duly licensed Land - = m Y ❑ \ofR��e•.'e�'sV.vY *.0 �j± and Surveyor laws on P m Q U Z .•U� under the of the State of Iowa. 5 0 � W 0 tL ? j: � r j O O w ,FF''��!V?s" Q: aussE%�. N. For the City, of Dubuque 0 D: tL t- l j a x U 1- o W cn a N 0.r. KIEFFER O .. tiz W_alloo� z o���de �a��N 18128 �xr °�uiY w W OO � O a ja— ' %(qq."�Z�`^^G77 Q Z� ..d .a D a» > a....••'a JOWA . Russell N. Kieffer Iowa Lic. No.18128 Date f0 W ? X 00 W Z CO r7 My license renewal date Is December 31, 2022 Pages or sheets covered by this seat: PAGES 1 AND 2 ONLY 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 FD. r REBAF W/CAP #1130( CD N FD.� REBAR W/CAP 01306 0 15, 30' 60' SCALE 1" = 30' FEET 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') R=83.50' (83.50') DELTA 600 47' 43" CHORD N280 48' 25"W 84.50' (84AV) LOT 5A FD.t REBAR W/CAP #11306 NO2 05' 56"E 28.26' (28.23') 35,644 S.F. (0.818 ACRES) (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 FD. t REBAR ENTIRETY OF LOT 5A) W/CAP #11306 Sp0 ° 9g36� 691 LOT A DUB. IND. CEN. SOUTH FIRST ADD. PER INST. NO.2014-1397 Y LOT 4 DUB. IND. CEN. SOUTH FIRST ADD. PER INST. NO.2014-1397 FD. t REBAR W/CAP #11306 0 H M o O 4 �Cio Lit W Q CV W C) ZZ to -Ja�I- ZLL(A N Z p W Q- SET." REBAR W/CAP #18128 L4.7-7- (4)CITY ENGI NEFIZ STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 01/08/2021 and for which the charge is 60.33 -q 'evcza 6�e C--q— Subscribed to before me, a Notary Pub in and for Dubuque County, Iowa, this 8th day of January, 2021 Notary Public in and for Dubuque County, Iowa. C"Olsabe Msftw W408 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa will hold a public hearing on the 19th 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.org. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa. To comply with social distancing mandates, documents can be viewed at https://www.cityofdubuque.org/Agendas 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. 13th St., Dubuque, IA 52001, ctyclerk@cityofdubuque.org, 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.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 4th day of January 2021. Adrienne N. Breitfelder, City Clerk 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, City Clerk It 1/8