Intent to Dispose of Property at 1938 Washington to Street to Affordable Housing Network, Inc. (AHN)_HearingCity of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
April 20, 2020
Public Hearings # 2.
Intent to Dispose of Property at 1938 Washington to
Affordable Housing Network, Inc.
Proof of publication on notice of public hearing to consider
disposing of City -owned real property located at 1938
Washington Street to Affordable Housing Network, Inc.,
who will rehabilitate and sell the property to an income -
qualifying household under 80% median income, and the
City Manager recommending approval.
RESOLUTION Disposing of City Interest in real property
by Deed to Affordable Housing Network, Inc.
Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description
Sale of City -Owned Property at 1938 Washington
Street-MVM Memo
Staff Memo
Resolution Disposing of 1938 Washington
Offer to Purchase
Special Warranty Deed
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sale of City -Owned Property at 1938 Washington Street
DATE: April 13, 2020
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
Housing and Community Development Director Alexis Steger recommends City Council
approval of the Purchase Agreement and Special Warranty Deed for the sale of City -
owned real property located at 1938 Washington Street to Affordable Housing Network,
Inc., who will rehabilitate and sell the property to an income -qualifying household under
80% median income.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Masterpiece on the Mississippi
Dubuque
bland
All -America City
\4111 ,V A£. 11.4 1,
1 I I I I®'
2607.2012*2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
SUBJECT: Sale of City -owned property at 1938 Washington Street
DATE: April 7, 2020
Introduction
The purpose of this memorandum is to request approval of the attached Purchase
Agreement and Special Warranty Deed for the sale of City -owned real property located
at 1938 Washington Street to Affordable Housing Network Inc. (AHNI).
Background
The property at 1938 Washington Street has been a problem property for a number of
years. The City took legal action by petitioning for title to the property as abandoned.
The City was awarded title to the property in December 2019.
Discussion
This property was identified to have great potential to rehabilitate and sell it to an
income -qualifying household under 80% median income. The City strives to provide
affordable homeownership opportunities throughout the City of Dubuque. This property
is located in the Washington Neighborhood.
The Agreement between the City of Dubuque and Affordable Housing Network, Inc., is
to assist the City's affordable housing initiative by acquiring, rehabilitating, and selling
homes to under 80% median income families or by doing other long-term programs
such as lease -to -own agreements with prospective owners.
This sale will maintain owner -occupied housing in the neighborhood and increase the
tax base. Additionally, it meets the Voluntary Compliance Agreement (VCA) objectives
of increasing homeownership opportunities for low -moderate income households.
The City took legal action by petitioning for title to the property as abandoned. The City
was awarded title to the property in June 2018. The Rehabilitation staff stripped the
property to the studs and rehabbed it to the City's adopted Rehabilitation Standards. As
rehabilitation is complete, the property is ready to be sold.
Recommendation
I respectfully request the City Council approve and adopt the attached Resolution and
Special Warranty Deed for the sale of 1938 Washington Street.
KLN/Attach.
Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
Return to: Kris Neyen, 350 W. 61h Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 128-20
DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO AFFORDABLE
HOUSING NETWORK INC.
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property):
Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition, in the
City of Dubuque, Iowa, according to the recorded plat thereof
locally known as 1938 Washington Street; and
Whereas, City and Affordable Housing Network, Inc. have tentatively entered into a
Purchase Agreement pursuant to which City will convey the Property to Affordable
Housing Network, Inc.; and
IA
ICIed , LI IC ^illy ^io11111iII, by rr e uiLILIVI I ND. 1 V8'2V, UCILCU ApIII 6, GV2J, UG IauCU ILJ
intent to dispose of City interest in the Property; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on April 20, 2020 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Purchase
Agreement for the sale of the Property to Affordable Housing Network, Inc. according to
the terms and conditions set out in the Purchase Agreement is in the public interest of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Purchase Agreement by and between the City of Dubuque and
Affordable Housing Network Inc. for the sale of the Property, a copy attached hereto, is
hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and deliver a
Special Warranty Deed, disposing all of the City's interest in the Property to Affordable
Housing Network, Inc.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together
with a certified copy of the Resolution.
Passed, approved, and adopted this 20th day of April 2020.
Attest:
Kevi( . Firnstahl, City Clerk
2
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Dubuque, Iowa, a municipal corporation (Seller)
SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers
to buy and the undersigned SELLER by its acceptance agrees to sell the real estate
(Real Estate) situated in Dubuque, Iowa, locally known as 1938 Washington Street,
Dubuque, IA 52001 and legally described as:
Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition, in the
City of Dubuque, Iowa, according to the recorded plat thereof
legal description to be confirmed per continued abstract per Section 10, together with
any easements and appurtenant servient estates, but subject to the following:
a. any easements of record for public utilities or roads,
b. any zoning restrictions and other ordinances, and
c. any covenants of record.
SECTION 2. PURCHASE PRICE. The purchase price shall be $1.00.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable for fiscal year 2018-2019 and prior years. Seller shall also pay real estate
taxes for fiscal year 2019-2020 prorated through the date of closing. Buyer shall pay all
subsequent real estate taxes due and payable after the date of closing.
SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments
which are a lien on the Real Estate as of the date of acceptance of this Offer. All other
special assessments shall be paid by Buyer.
SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or
damage to the Real Estate prior to closing or possession, whichever first occurs. Seller
agrees to maintain existing insurance and Buyer may purchase additional insurance. In
the event of substantial damage or destruction prior to closing, this agreement shall be
null and void; provided, however, Buyer shall have the option to complete the closing
and receive insurance proceeds regardless of the extent of damages. The property
shall be deemed substantially damaged or destroyed if it cannot be restored to its
present condition on or before the closing date.
SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its
present condition and delivered intact at the time of possession is delivered to Buyer,
provided, however, if there is loss or destruction of all or any part of the Real Estate
from causes covered by the insurance maintained by Seller, Buyer agrees to accept
such damaged or destroyed Real Estate together with such insurance proceeds in lieu
of the Real Estate in its present condition and Seller shall not be required to repair or
replace same.
1
SECTION 7. POSSESSION AND CLOSING.
7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be
delivered to Buyer on or before April 30, 2020, or such earlier date as the parties may
agree in writing, with any adjustments of rent, insurance, and interest to be made as of
the date of transfer of possession.
7.2 Closing shall occur after the approval of title by Buyer and vacation of the Real
Estate by Seller, but prior to possession by Buyer. Seller agrees to permit Buyer to
inspect the Real Estate within seventy-two (72) hours prior to closing to assure that the
premises are in the condition required by this agreement. If possession is given on a
day other than closing, the parties shall make a separate agreement with adjustments
as of the date of possession.
7.3 This transaction shall be considered closed upon the delivery of the title transfer
documents to Buyer and receipt of all funds then due at closing from Buyer under the
Agreement.
SECTION 8. USE OF PURCHASE PRICE. At time of settlement, funds of the
Purchase Price may be used to pay taxes and other liens and to acquire outstanding
interests, if any, of others.
SECTION 9. FIXTURES. Included with the Real Estate shall be all fixtures that
integrally belong to, are specifically adapted to or are a part of the real estate, whether
attached or detached. Also included shall be the following: N/A. The following items
shall not be included: N/A.
SECTION 10. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an
abstract of title to the Real Estate and deliver it to Buyer's attorney for examination. It
shall show marketable title in Seller in conformity with this Agreement, Iowa law, and
title standards of the Iowa State Bar Association. Seller shall make every reasonable
effort to promptly perfect title. If closing is delayed due to Seller's inability to provide
marketable title, this agreement shall continue in force and effect until either party
rescinds the Agreement after giving ten (10) days written notice to the other party. The
abstract shall become the property of Buyer when the Purchase Price is paid in full.
Seller shall pay the costs of any additional abstracting and title work due to any act or
omission of Seller, including transfers by or the death of Seller or Seller's assignees.
Unless stricken, the abstract shall be obtained from an abstracter qualified by the
Guaranty Division of the Iowa Housing Finance Authority.
SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the
Real Estate to Buyer by Special Warranty Deed, free and clear of all liens, restrictions,
and encumbrances, except as provided in this agreement. General warranties of the
title shall extend to the time of delivery of the deed excepting liens and encumbrances
suffered or permitted by Buyer.
2
SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract
shall apply to and bind the successors in interest of the parties. This agreement shall
survive the closing.
SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND
REVIEW. Real Estate deeded herein is taken in "as is" condition with no guarantees or
warranties express or implied.
SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the
date of closing be free and clear of all liens, security interests, and encumbrances.
SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no
party has a lease to or other occupancy or contract right in the Real Estate which shall
in anyway be binding upon the Real Estate. Seller shall hold harmless and indemnify
the Buyer for and against any claims, which may arise or be based upon any alleged
leasehold interest, tenancy, or other right of occupancy or use for any portion for the
Real Estate. This covenant shall survive the closing.
SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the
service of a real estate agent or broker in connection with this transaction.
SECTION 17. CERTIFICATION. Buyer and Seller each certify that they are not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation named by any
Executive Order or the United States Treasury Department as a terrorist, "Specially
Designated National and Blocked Person" or any other banned or blocked person,
entity, nation or transaction pursuant to any law, order, rule or regulation that is
enforced or administered by the Office of Foreign Assets Control; and are not engaged
in this transaction, directly or indirectly on behalf of, any such person, group, entity or
nation. Each party hereby agrees to defend, indemnify and hold harmless the other
party from and against any and all claims, damages, losses, risks, liabilities and
expenses (including attorney's fees and costs) arising from or related to breach of the
foregoing certification.
SECTION 18. REMEDIES OF THE PARTIES.
18.1 If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty (30)
days written notice of intention to accelerate the payment of the entire balance because of
such failure (during which thirty (30) days such failure is not corrected) Seller may declare
the entire balance immediately due and payable. Thereafter this contract may be
foreclosed in equity and the Court may appoint a receiver.
18.2 If Seller fails to timely perform this contract, Buyer has the right to have all
payments made returned to it.
18.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at
3
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be
a waiver of such rights or a waiver of any existing or subsequent default.
SECTION 20. NOTICE. Any notice under this agreement shall be in writing and be
deemed served when it is delivered by personal delivery or mailed by certified mail,
addressed to the parties at the addresses given below.
Affordable Housing Network, Inc. (AHNI)
5400 Kirkwood Blvd SW
Cedar Rapids, IA 52404
City of Dubuque
Attn: Alexis Steger
50 W. 13th Street
Dubuque, IA 52001
SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this
agreement, time shall be of the essence.
SECTION 22. TIME FOR ACCEPTANCE. When accepted, this agreement shall
become a binding contract. If this Offer is not accepted and delivered to Buyer on or
before 5:00 p.m. on April 24, 2019, this agreement shall be null and void and all payments
shall be returned immediately to the Buyer.
SECTION 23. ENTIRE AGREEMENT. This agreement contains the entire agreement
of the parties and shall not be amended except by a written instrument duly signed by
Seller and Buyer.
SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph
headings are for convenience of reference and shall not limit or affect the meaning of
this agreement. Words and phrases herein shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender according to the context.
SECTION 25. OTHER PROVISIONS.
25.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation
and Purchase of Property at the time of closing.
25.2 This agreement is subject to the final approval of the City Council of the City of
Dubuque, Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa
does not approve this Offer, it shall become automatically void and neither party shall
be bound by the terms and conditions set forth herein.
4
Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Tax Statement to:
Affordable Housing Network, Inc.
5400 Kirkwood Boulevard SW
Cedar Rapids, IA 52404
SPECIAL WARRANT'f DEED
KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a
municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee
named below, and other good and valuable consideration, and pursuant to the authority
of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto
Affordable Housing Network, Inc., the following legally described real estate situated in
the County of Dubuque, State of Iowa, to wit (the Property):
Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition, in the
City of Dubuque, Iowa, according to the recorded plat thereof — 1938
Washington Street
This i )eeri IC exempt from transfer tax pursuant t(1 Ioowa (uoae SPrtinn 42WA.7(s ).
This Deed is given pursuant to the authority of Resolution No, 108-20 of the City
Council of the City of Dubuque adopted the 6th day of April 2020, the terms and conditions
thereof, if any, having been fulfilled.
Grantor hereby covenants to warrant and defend the said premises against the
lawful claims of all persons whomsoever claiming by, through and under it.
Dated this ay of 1/' , 2020 at Dubuque, Iowa.
CITY OF DUBUQUI IOWA
///
/r
By:
Roy D. Buoy; Mayor
it
Attest:
K- in S. Firnstahl; City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this day of , 2020, before me a Notary Public in and
for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively
of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the
laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal
of said Municipal Corporation, and that said instrument was signed and sealed on behalf
of said Municipal Corporation by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipal Corporation by it voluntarily executed.
Notary Public in and for Dubuque County, Iowa
2
25.3 The Real Estate will have a restrictive covenant filed indicating the property must
be fifty percent (50%) owner -occupied. Rental of more than one half (1/2) of the Real
Estate is not allowed. One (1) unit of the duplex must be owner -occupied at all times.
However, the City will allow AHNI flexibility for a rent -to -own arrangement.
25.4 Rehabilitation of the Real Estate must be in accordance with City's Rehabilitation
Standards and State Historic Preservation Office (SHPO) guidelines and specifications.
SELLER
CITY OF DUBUQUE, IOWA
By:
Roy D. BuoMayor
Dated: ` y' )
BUYER
AFFORDABLE HOUSING NETWORK
INC.
By:
Anne Grue4ewald, President
5
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:
04/10/2020
and for which the charge is 56.73
Subscribed to before nYe, a Notary Public in and
Dubuque County, Iowa,
this loth day of April, 2020
i
.<
Notary Pijbljc in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199859
My Comm. Exp. DEC 11, 2022
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 20th
day of April 2020, at 6:30 p.m. in the Historic Federal
Building (and/or by virtual means), 350 West Sixth Street, 2nd
floor, Dubuque, Iowa, at which meeting the City Council
proposes to dispose of an interest in the following described
real property by sale to Habitat for Humanity, an Iowa
non-profit corporation:
Northerly 33 feet of Lots 21 and 22 in East Dubuque
Addition, in the City of Dubuque, Iowa, according to the
recorded plat thereof;
Locally known as 1938 Washington Street.
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, and may be viewed during normal working hours.
Agendas can be accessed at
https://www.cityofdubuque.org/Agendas.
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 and place of public
hearings all interested citizens and parties will be given an
opportunity to be heard 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.
In the event that a meeting at the Historic Federal Building
location is not possible as a result of the COVID-19 pandemic,
instructions for a virtual meeting and public input will be
posted on the meeting agenda on Friday, April 17, 2020 at
https://www.cityofdubuque.org/agendas.
Dated this loth day of April 2020
Kevin S. Firnstahl, CMC, City Clerk
RESOLUTION
NO. 108-20
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL
ESTATE TO AFFORABLE HOUSING NETWORK, INC., SETTING A TIME AND
PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
WHEREAS, the City of Dubuque, Iowa (City) owns 1938
Washington Street (the Property) legally described as:
Northerly 33 feet of Lots 21 and 22 in East Dubuque
Addition, in the City of Dubuque, Iowa, according to the
recorded plat thereof
(the Property); and
WHEREAS, City acquired the Property by petition as an
abandoned property for the purpose of its restoration and
re -sale for owner -occupied housing; and
WHEREAS, Affordable Housing Network, Inc, will rehabilitate
the property and sell the property to an income qualified
family and
WHEREAS, by accepting the selected offer the City's
objectives of providing homeownership to an income qualified
buyer and rehab-ilitation of a vacated home can be realized
and is consistent with the City goal of creating opportunities
for affordable home ownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to
dispose of its interest in the above described real estate to
Affordable Housing Network, Inc.
Section 2. That the City Council shall conduct a public
hearing on the proposed disposition of real estate in the City
Council Chambers at the Historic Federal Building, 350 W. 6th
Street, Dubu-que, Iowa on the 20th day of April 2020 beginning
at 6:30 p.m.
Section 3. That the City Clerk be and is hereby authorized
and directed to publish notice of the public hearing in the
form attached hereto, according to law.
Passed, approved and adopted this 6th day of April 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
It 4/10
MEMORANDUM
C R E N N A M . B R U M W E L L , E S Q.
C I T Y A T T O R N E Y
TO: Jenny Larson
Director of Finance & Budget
DATE: May 7, 2020
RE: 1938 Washington Street
We have closed on the above-referenced property.
Attached please find:
1. The original Closing Statement with $1.00.
2. A copy of the special warranty deed and groundwater hazard statement. These
documents will be filed with the Recorder and the City Clerk’s Office will be billed
for the documents.
If you need further information, please let me know. Thank you.
cc: Kevin Firnstahl, City Clerk
Alexis Steger, Director of Housing & Community Development
u
lII
V
V
Doc ID. 010481360010 Type GEN
Kind: DEED WITH RESOLUTION
Recorded: 05/08/2020 at 10:01:55 AM
Fee Amt: $57.00 Page 1 of 10
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder Q Q
Fi1e2020-00005788
Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Tax Statement to:
Affordable Housing Network, Inc.
5400 Kirkwood Boulevard SW
Cedar Rapids, IA 52404
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a
municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee
named below, and other good and valuable consideration, and pursuant to the authority
of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto
Affordable Housing Network, Inc., the following legally described real estate situated in
the County of Dubuque, State of Iowa, to wit (the Property):
Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition, in the
City of Dubuque, Iowa, according to the recorded plat thereof — 1938
Washington Street
This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6).
This Deed is given pursuant to the authority of Resolution No. 108-20 of the City
Council of the City of Dubuque adopted the 6th day of April 2020, the terms and conditions
thereof, if any, having been fulfilled.
Grantor hereby covenants to warrant and defend the said premises against the
lawful claims of all persons whomsoever claiming by, through and under it.
Dated this ay of
, 2020 at Dubuque, Iowa.
CITY OF DUBUQU IOWA
By:
Roy D. BugrMayor
Attest:
By:
K-, in S. Firnstahl, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this 3,0 day of RPRAL , 2020, before me a Notary Public in and
for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively
of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the
laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal
of said Municipal Corporation, and that said instrument was signed and sealed on behalf
of said Municipal Corporation by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipal Corporation by it voluntarily executed.
1 ft AtoattAr,
Notary Public; i\i and for Dubuque County, Iowa
TRACEY L. STECKLEIN
Commission Number 716018
My Comm, Exp. -% ;i')
2
RESOLUTION NO. 108-20
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO
AFFORABLE HOUSING NETWORK, INC., SETTING A TIME AND PLACE FOR
HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa (City) owns 1938 Washington Street (the
Property) legally described as:
Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition, in the City
of Dubuque, Iowa, according to the recorded plat thereof
(the Property); and
WHEREAS, City acquired the Property by petition as an abandoned property for the
purpose of its restoration and re -sale for owner -occupied housing; and,
WHEREAS, Affordable Housing Network, Inc, will rehabilitate the property and sell the
property to an income qualified family and
WHEREAS, by accepting the selected offer the City's objectives of providing
homeownership to an income qualified buyer and rehabilitation of a vacated home can be
realized and is consistent with the City goal of creating opportunities for affordable home
ownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above described real estate to Affordable Housing Network, Inc.
Section 2. That the City Council shall conduct a public hearing on the proposed
disposition of real estate in the City Council Chambers at the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa on the 20th day of April 2020 beginning at 6:30 p.m.
Section 3. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 6th day of April 2020.
ATTEST:
Kev' S. Firnstahl, City Clerk
Roy D. Buol, Mayor
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:
04/10/2020
and for which the charge is 56.73
Subscrib d to before e, a Notary Public in and r
Dubuque County, Iowa,
this loth day of April, 2020
Notary P
bl
c in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Comm. Exp. DEC 11, 2022
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 20th
day of April 2020, at 6:30 p.m. in the Historic Federal
Building (and/or by virtual means), 350 West Sixth Street, 2nd
floor, Dubuque, Iowa, at which meeting the City Council
proposes to dispose of an interest in the following described
real property by sale to Habitat for Humanity, an Iowa
non-profit corporation:
Northerly 33 feet of Lots 21 and 22 in East Dubuque
Addition, in the City of Dubuque, Iowa, according to the
recorded plat thereof;
Locally known as 1938 Washington Street.
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, and may be viewed during normal working hours.
Agendas can be accessed at
https://www.cityofdubuque.org/Agendas.
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 and place of public
hearings all interested citizens and parties will be given an
opportunity to be heard for or against said proposal.
Individuals with limited English proficiency, vision,
hearing or speech impaiiu.ients 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.
In the event that a meeting at the Historic Federal Building
location is not possible as a result of the COVID-19 pandemic,
instructions for a virtual meeting and public input will be
posted on the meeting agenda on Friday, April 17, 2020 at
https://www.cityofdubuque.org/agendas.
Dated this 10th day of April 2020
Kevin S. Firnstahl, CMC, City Clerk
RESOLUTION
NO. 108-20
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL
ESTATE TO AFFORABLE HOUSING NETWORK, INC., SETTING A TIME AND
PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
WHEREAS, the City of Dubuque, Iowa (City) owns 1938
Washington Street (the Property) legally described as:
Northerly 33 feet of Lots 21 and 22 in East Dubuque
Addition, in the City of Dubuque, Iowa, according to the
recorded plat thereof
(the Property); and
WHEREAS, City acquired the Property by petition as an
abandoned property for the purpose of its restoration and
re -sale for owner -occupied housing; and
WHEREAS, Affordable Housing Network, Inc, will rehabilitate
the property and sell the property to an income qualified
family and
WHEREAS, by accepting the selected offer the City's
objectives of providing homeownership to an income qualified
buyer and rehab-ilitation of a vacated home can be realized
and is consistent with the City goal of creating opportunities
for affordable home ownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to
dispose of its interest in the above described real estate to
Affordable Housing Network, Inc.
Section 2. That the City Council shall conduct a public
hearing on the proposed disposition of real estate in the City
Council Chambers at the Historic Federal Building, 350 W. 6th
Street, Dubu-que, Iowa on the 20th day of April 2020 beginning
at 6:30 p.m.
Section 3. That the City Clerk be and is hereby authorized
and directed to publish notice of the public hearing in the
form attached hereto, according to law.
Passed, approved and adopted this 6th day of April 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
it 4/10
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 108-20 and associated proof
of publication 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 29th day of April, 2020.
Ke in S. Firnstahl, CMC, City Clerk
Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 128-20
DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO AFFORDABLE
HOUSING NETWORK INC.
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property):
Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition, in the
City of Dubuque, Iowa, according to the recorded plat thereof
locally known as 1938 Washington Street; and
Whereas, City and Affordable Housing Network, Inc. have tentatively entered into a
Purchase Agreement pursuant to which City will convey the Property to Affordable
Housing Network, Inc.; and
V1/ lereas, the City Col.ilicii, by Resolution No. 108-20, dateu Aprii 6, 2v2v, uecla^red its
intent to dispose of City interest in the Property; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on April 20, 2020 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Purchase
Agreement for the sale of the Property to Affordable Housing Network, Inc. according to
the terms and conditions set out in the Purchase Agreement is in the public interest of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Purchase Agreement by and between the City of Dubuque and
Affordable Housing Network Inc. for the sale of the Property, a copy attached hereto, is
hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and deliver a
Special Warranty Deed, disposing all of the City's interest in the Property to Affordable
Housing Network, Inc.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together
with a certified copy of the Resolution.
Passed, approved, and adopted this 20th day of April 2020.
Attest:
Kevi . Firnstahl, City Clerk
D. Buoy, Mayor
2
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 128-20 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 April, 2020.
Kev' S. Firnstahl, CMC, City Clerk
IIII II III I II III II III II II II II I I II
Doc ID 010481370002Type:
yp
Kind: GROUNDWATER HAZARD
Recorded: 05/08/2020 at 10:05:41 AM
Fee Amt: $0.00 Pape 1 of 2
Dubuque County Iowa
John Murphy Recorder QQ
Fi1e2020-00000862
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 West 13th Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name Affordable Housing Network, Inc.
Address 5400 Kirkwood Boulevard SW, Cedar Rapids, IA 52404
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
1938 Washington Street Dubuque Iowa 52001
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) Northerly 33 feet of Lots 21 and 22 in East
Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof
1. Wells (check one)
X There are no known wells situated on this property.
_ There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
_ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
_ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
_ There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
dO 516g
5. Private Burial Site (check one)
X There are no known private burial sites on this property.
_ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
X All buildings on this property are served by a public or semi-public sewage disposal system.
_ This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
_ There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
_ There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
_ There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
_ There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
_ This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
D AT TH5NFORAJ7LATED ABOVE IS TRUE AND CORRECT.
Signature:
ssferor or Age
Telephone No.: (563) 589-4381
FILE WITH RECORDER
DNR form 542-0960 (July 18, 2012)
E-FILED 2019 DEC 20 8:35 AM DUBUQUE -CLERK OF DISTRICT COURT
11111111111111111111111111111111111111111111111111111111111111111111111111111111
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA,
Petitioner,
vs.
RAYMOND A. KOOS,
DISCOVER BANK,
KAREN KRESS,
DUBUQUE BANK AND TRUST,
DUBUQUE COUNTY, IOWA,
Respondents.
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Case No. 01311EQCV109291
ORDER FOR JUDGMENT
Doc ID: 010431300004 Type: GEN
Kind: MISCELLANEOUS DEED
Recorded: 01/30/2020 at 03:16:24 PM
Fee Amt: $27.00 Page 1 of 4
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
File2020-00001313
This matter came before the Court on December 11, 2019 pursuant to a petition filed
herein on June 10, 2019. The City of Dubuque appeared through City Attorney Crenna
Brumwell. Respondent Raymond Koos appeared. No one else appeared on behalf of
the Respondents.
The property that is the subject of these proceedings is 1938 Washington Street,
Dubuque, Iowa, legally described as:
Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition in the City of
Dubuque, Iowa, according to the recorded plat of said Addition.
The petition for title to abandoned property complied with the requirements of Iowa
Code §657 A.1 OB to include the legal description of the property and name the owner of
the building and grounds, mortgagees of record, lienholders of record, or other known
persons holding an interest in the property as Respondents. The petition was properly
filed in District Court for Dubuque County as the property is located in Dubuque County.
Proof of service on the owner and other named Respondents was by certified mail and
posting at the property. Proof of service has been filed with the Court.
Iowa Code §657 A.1 OB requires the Court consider a number of factors in determining
whether a property is abandoned. Affidavits of Deputy Treasurer Randy Wedewer for
Dubuque County and Rose Hoerner, Utility Billing Supervisor for the City of Dubuque
were submitted. Testimony was provided by Ben Pothoff from the Housing and
Community Development Department for the City of Dubuque. The Court finds the
following:
1) There were delinquent property taxes on the property at the time the petition was
filed.
2) There is no water service being provided to the property currently.
3) The property is unoccupied.
s·
(l) d,a__,
C1:j ClerK_
E-FILED 2019 DEC 20 8:35 AM DUBUQUE -CLERK OF DISTRICT COURT
4) The property does not meet the City of Dubuque housing, building, or health
code standards as fit for human habitation. The property has been condemned.
5) Portions of the property are exposed to the elements such that deterioration of
the building is occurring.
6) There have been no past efforts to rehabilitate the building and grounds by the
property owner.
7) The City has expended effort in maintaining the building and grounds.
8) The City has enforced against the property owner and the property owner did not
comply with orders to address code deficiencies.
The Court hereby finds that the Petitioner, City of Dubuque, has fully complied with
requirements of Iowa Code Section 657 A.1 OB in that all interested persons and/or
entities have received proper notice. All Respondents are in default. The Court has
considered all of the grounds as set forth in Iowa Code Section 657 A.1 OB(3) in
rendering this decision as to the state of the property.
IT IS THEREFORE ORDERED that the property located at 1938 Washington Street,
Dubuque, Iowa, legally described as:
Northerly 33 feet of Lots 21 and 22 in East Dubuque Addition in the City of
Dubuque, Iowa, according to the recorded plat of said Addition
is hereby deemed abandoned.
The property is hereby awarded to the City of Dubuque, free and clear of all liens,
claims, and encumbrances held by any of the aforementioned Respondents.
Costs are assessed to the Respondent, Raymond Koos.
E-FILED 2019 DEC 20 8:35 AM DUBUQUE -CLERK OF DISTRICT COURT
Type:
Case Number
EQCV109291
State of Iowa Courts
ORDER FOR JUDGMENT
Case Title
CITY OF DUBUQUE V KOOS ET AL
So Ordered
Electronically signed on 2019-12-20 08:35:13 page 3 of3
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE V KOOS ET AL
Case No. 01311 EQCV109291
CLERK'S CERTIFICATE
PreparedDocket Event Code: TRPD
Received Docket Event Code: TROT
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of Iowa District Court of the State of Iowa
in and for DUBUQUE County on 01/30/2020 and do hereby certify this is a true and accurate record of:
ORDER FOR JUDGMENT dated 12/20/2019
Dated: January 30, 2020
/s/ Chandal Gehin
Clerk of District Court/Designee
DUBUQUE County
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