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Sale of City-Owned Property at 654 Clarke Drive_HearingCopyrighted September 7, 2021 City of Dubuque Public Hearings # 3. City Council Meeting ITEM TITLE: Sale of City -Owned Property at 654 Clarke Drive SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of the Purchase Agreement and Special Warranty Deed for the sale of City -owned real property located at 654 Clarke Drive to Torrent Property Management LLC for the amount of $35,250, and City Manager recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description RESOLUTION Disposing of city interest in real property located at 654 Clarke Drive, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 654 Clarke Drive Sale-MVM Memo Staff Memo Resolution Special Warranty Deed Offer to Purchase Proof of Publication Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation THE CITY DUOF B TEE 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 654 Clarke Drive DATE: August 12, 2021 Dubuque All -America City IN 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 654 Clarke Drive to Torrent Property Management LLC for the amount of $35,250. The property is being sold as is. The property at 654 Clarke Drive had been identified as a problem property and in substandard condition with numerous complaints since 2018. The property was seriously neglected with a collapsed sewer line identified in 2019. The City successfully petitioned for title to the property and took possession August 2020. The Housing Department's intent was to rehab the property as part of the Community Development Block Grant (CDBG) Purchase/ Rehab/Resale Program. However, as other community needs came up that needed CDBG funding, staff decided to list the property with a local realtor to sell as is. Three offers were received. This property was identified to have great potential for rehabilitation. This would remove it from the vacant and abandoned property lists and put it back on the housing market. 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 Alexis M. Steger, Housing and Community Development Director THE COF Dubuque IUI-AmerieaCityDtUB —AL,nwa r,a a.r Masterpiece on the Mississippi � pp 13 z°°''° zoi7*20*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Sale of City -owned property at 654 Clarke Drive DATE: August 18, 2021 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 654 Clarke Drive to Torrent Property Management LLC. Background The property at 654 Clarke Drive had been identified as a problem property and in substandard condition with numerous complaints since 2018. The property was seriously neglected with a collapsed sewer line identified in 2019. The City successfully petitioned for title to the property and took possession August 2020. The Housing Department's intent was to rehab the property as part of the Community Development Block Grant (CDBG) Purchase/ Rehab/Resale Program. However, as other community needs came up that needed CDBG funding, staff decided to list the property with a local realtor to sell as is. Three offers were received. Discussion This property was identified to have great potential for rehabilitation. This would remove it from the vacant and abandoned property lists and put it back on the housing market. An offer was accepted from Torrent Property Management LLC in the amount of $35,250 to purchase 654 Clarke Drive as is. Recommendation I respectfully request the City Council passes, approves and adopts the attached Resolution and Special Warranty Deed for the sale of 654 Clarke Drive. Prepared by: Kris Neyen, Rehabilitation Programs Supervisor Prepared by Alexis Steger Housing & Community Devel 350 W 6' St Suite 312 (5631690 6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1SI St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 312-21 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 654 CLARKE DRIVE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No.285-21, dated August 16, 2021, declared its intent to dispose of City interest in real property located at 654 Clarke Drive, legally described as: Lot 63 in Littleton & Sawyer's Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof, (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on September 7, 2021, 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 to Torrent Property Management 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; Section 1. The purchase agreement by and between the City of Dubuque and Torrent Property Management for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property to Torrent Property Management. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 7th day of Attest: a4 //7 6 Adrienne N. Breitfelder, City Clerk dotlo°p signature verification; wo ' . ). , ai =: ECIAR 1 PURCHASE CONTRACT Page 1 of 4 Pages THIS IS A LEGAL B1yYDLVG DUCCJrti.CL,'jV7. IF NOT UNDERSTOOD SEE, r LEGAL AD i'ICE DATE OF OFFER08/03/202:1 AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION 1. This document is prepared by: Ruhl & Ruhl Realtors Pamela Helmer AS AGENT FOR firm name/agent name 2. (Check one) ®Seller Exclusively (Bayer Exclusively Both Buyer and Seller (Dual Agency), 3. or 4. Buyer and Seller confirm that written disclosures of agency representation were provided to them, they understand 5, who is representing them and the disclosures were provided prior to signing this Offer For Real Estate. 6. DOCUMENTS ATTACHED TO THIS PURCHASE CONTRACT 7. Dual Agency Consent Agreement 8. BLead Base Paint Disclosure RISeller Disclosure of Property Condition 9. ®Inspection Addendum ElSale Contingency 10. Addendum to Purchase []Rental Addendum 11. OIL Radon Disclosure ®Other Documents/Attachments/Legal Description: 12."AS IS" Addendum 13, OFFER TO: (herein designated as SELLER) Seller Names - - 14• The undersigned Torrent Prop_ erty Management LLC (herein designated as BUYER) Buyer names 15. Hereby propose to purchase your property known as: 634 Clarke Drive Dubuque ......... . '"- 16. IA S2001 Parcel #(s) Address City State ZIP 17. and agrees to pay you the sum of: Thirty Five Thousand and Two Hundred and Fifty Dollars 1.8. $3S,250.00 as follows: $2,500 earnest money to be held to trust by (select one) 2 Listing Broker, 19. or, J1 other ---- ---- _------------ _----- _---- _---------------- _------ ----- ----- _------------ ---------- - ----- _--------- --------- . Earnest money shall be 20. increased to $----- --__-_-_-_-_- within ------------ days of acceptance and again held in trust as previously agreed. In the event of 21. satisfaction of both Buyer and Seller contingencies herein, the earnest money deposits and balance of the purchase price shall be 22. delivered to Seller at settlement. In the event either Buyer or Sellers' contingencies or obligations herein are not satisfied, the 23. earnest money shall be distributed in accordance with the paragraph entitled "Remedies of the Parties". 24. ALL USUAL COSTS INCURRED IN SECURING SUCH MORTGAGE SHALL BE PAH) BY THE BUYER EXCEPT: SELLER TO PAY UP TO 25. $------------- TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS. 26, OTHER TERiVIS/CONTINGGNCIES----- ----- ------ _---- _---- _----- _-------------------- _._----------------- _---- ------ ----------- 27. The Purchase Price is be paid as follows: (Cheek the Appropriate Box(s)) 28. Q CASH to be paid on settlement date. This offer is not contingent upon. Buyer obtaining Financing. Seller has 29• right to receive immediate verification of funds. El Seller El Bayer is responsible for settlement fee. 30, Terms as follows: _ 31. E FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with 32. terms as provided in lines 39-41 of this contract. 33, []Conventional [jConventionalInsured 34, [j FHA [JVA 35. Q 'Land Contract(terms as follows) 36. ®OTHER Commercial loan 37. If Buyer provides written proof Buyer is unable to obtain financing, this contract is terminated and earnest 38. money returned. 39. DONVNPAYMENT 20 (%) percent (or) $,---------------- INTEREST RATE not to exceed:4 `% per anuum 40. TERM OF MORTGAGE/LOAN -is years. DATE FOR FINANCING CONTINGENCY RELEASE: 08/24/2021 Or 41. 'Within -------- days after --------------------------------------- W------------ _ 42. If Buyer does not make timely delivery of said contingency release, then Seller may terminate this offer by written 43. notice to Buyer, 44. PRE -APPROVAL LETTER (check one) 0 attached [j delivered by In Other BUYER INITIAL INITIAL oo � : SELLER INITIAL INITIAL n; •t r ; of n; r .uT datlaop verined dodoop venfned dodoopsignature verificatlon: ! u :4.7e' Page 2 of 4 Pages PROPERTY 654 Clarke Drive, Dubuque, IA 52001 Address City Stale ZIP 45.11roker may continue to offer and show the property for sale and Seller may accept backup offers until settlement. 46. SETTLEMENT. Settlement shall occur and legal possession shall be given on or before Date; 29/17/2021 Or, 47. Within --- days after the _________._.._,,______..._..__-_---------_--___________.__-,_-___ - --- ----- - ----- __-_ 48. OCCUPANCY. Occupancy shall be given to Buyer (choose one) ® at settlement, or ® Date: 49. THIS AGREEMENT IS ALSO SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 50, TRUST PAYMENTS. It is agreed that at time of settlement, funds, up to the purchase price, received from the 51, Buyer and/or Buyer's lender may be used to pay taxes, other liens and expenses associated with this 52, transaction, same to be handled tinder the supervision of the Listing Broker so as to produce marketable title. 53. Seller hereby appoints the Listing Broker, escrow company or lender to receive such funds and make such 54, payments and disbursennents. 55. REAL ESTATE TAXES, SPECIAL ASSESSMENTS, AND CHARGES 56. Unless otherwise agreed to in writing, all Real Estate taxes due and payable prior to and including the settlement date will 57, be paid by the Seller, Any taxes that cannot be paid to the Treasurer at the time of settlement will be pro -rated between the 58. Seller and the Buyer. Any such pro -rates will be based on cut -rent millage rates, current roll backs, and current assessed 59, values as certified by the appropriate taxing authority, All Real Estate Taxes due and payable after the settlement date will 60. be paid by the Buyer. All special assessments that constitute a lien at the time of settlement of this offer are to be paid 61. by Seller. All charges for solid waste removal, utilities, and assessments for maintenance attributable to Seller's 62. possession are to be paid by Setter. All liens caused by Seller(s) ownership, such as mechanics liens, mowing, snow 63. removal, etc, are to be paid by Seller. All subsequent taxes and special assessments are to be paid by Buyer. Interest, rents, 64, homeowners' association clues and assessments, unused fuels, and other appropriate charges shall be prorated as of 65. the date of settlement. Accrued income and expenses, including taxes for the day of closing, shall accrue to the 66. Seller. 67. INSURANCE. Seller shalt bear the risk of loss or damage to property prior to settlement or possession, whichever 68, first occurs. Seller agrees to maintain existing insurance, and Buyer may purchase additional. insurance. In the 69. event of damage to the property prior to settlement in an amount of not more than 5 percent of the selling price 70. Seller will be obligated to repair the property and restore it to the same condition that it was on the date of this 71. offer. If the damage should exceed this amount, Seller shall promptly notify Buyer in writing of the damage -and 72, this contract may be terminated at the option of the Buyer and earnest money returned. 73. Should the Buyer elect to complete the transaction despite such damage, Buyer will be entitled to the insurance proceeds relating 74. to the damage, plus a credit towards the purchase price equal to the amount of the Seller's deductable on such policy. However, if 75. the sale is financed by a land contract or a mortgage to Seller, the insurance proceeds shall be held in trust for the sole purpose of 76. restoring the property. 77. INCLUDED PROPERTY (if any). All property that integrally belongs to, are specifically adapted to, or is part 78. of the real estate (except rental items), whether attached or detached, such as but not limited to, wall to wall 79. carpeting and vinyl, light fixtures and bulbs, ceiling fatn(s), bathroom mirrors, shades, rods, blinds, awnings, 80, shutters, storm windows, storm doors, screens, plumbing fixtures, automatic heating equipment, air conditioning 81, equipment (except window), door chimes, alarm devices, built-in items and electrical service cable/fencing, garage 82, door opener and control(s), other attached fixtures, radio and/or attached TV antenna/dish and complete TV mounting brackets, 83, fencing, trees, bushes, Shrubs, plants, garden bulbs, water heaters and softeners, sump pumps, attached or fitted floor 84, coverings, installed security systems, central vacuum systems and accessories, in -ground lawn sprinkler systems and 85. component parts, built in appliances, fences, fireplace screen, fire grate and attached equipment, appurtenant 86. structures or equipment, storage buildings, rural water membership shall be considered a part of real estate and 87, included in this sale. OTHER INCLUDED ITEMS: 88. 89. 91. BUYER INITIAL o z1 INITIAL_ _i SELLER INITIAL INITIAL 4:I4PMCDT 4:14 PM COT 40L gpt dodoop verified dodaopverified dot loop signature verlflcatlon: v , . s . > Page 3 of 4 Pages PROPERTY 654 Clarke Drive, Dubuque, fA 52oo1 Address 92. DUTIES OF PARTIES: City State 93. Seller and Buyer acknowledge and agree that REALTOROa /Broker(s), its affiliated licensees and employees: 94. must respond to all questions of the parties; however they are not required to discover hidden defects or give 95. advice on matters outside the scope of their real estate license; make no (and Seller and Buyer are not relying 96. upon) representations or warranties as to the physical or mechanical condition of the property, its size, value, 97. fixture value, income potential, whether the basement is waterproof; etc.; are not qualified to advise on questions 98. concerning the condition of the propert 99. or transaction. For such matters, Selley, the legal sufficiency, legal effector tax consequences of this document r and Buyer are advised to consult tl►e appropriate professlonal(s), 100.Seller and Buyer acknowledge that the Seller of real property has a legal duty to disclose in good faith material 101.adverse facts and material defects of which Seller has actual knowledge and which a reasonable inspection by 102.Buyer would not reveal. Buyer has the right to obtain inspections, survey and measurements at Buyer's 103.expense. Buyer is advised to request that special provisions be written into this contract prior to signing, to cover 104.any and all conditions which Buyer might consider to be questionable or problematical (whether such be 105.inspection for teninites, drainage, water and soil conditions, adequacy of structure or any components, zoning, 106.boundaries, utility connections, or any other matters). Professionals are available within the community to consult regarding 107.these and many other issues relating to your transaction and you are encouraged to consult with such professionals on an 108.as needed basis. By acceptance of the Offer, the Seller warrants and represents: That Seller has disclosed notice or knowledge 109.of any planned public improvement which may result in special assessments or other liens, that no government agency has 110,served any notice requiring repair, alterations or corrections of any existing conditions not previously disclosed. This 111.representation of Seller shall survive the settlement of this transaction. 112 JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN REAL ESTATE. If Seller, 113,immediately preceding this offer, holds title to the property in joint tenancy, and such joint tenancy is not later 114.destroyed by operation of law or by acts of Seller, then the proceeds of this sale, and any continuing and/or 115.recaptured rights of Seller in real estate shall be and continue in Seller as joint tenants with rights of survivorship 116.and not as tenants in common; and Buyer in the event of the death of either Seller agree to pay any balance of the 117.proceeds of this sale to the surviving Seller and to accept deed from such surviving Seller, I18-CONDITION OF PROPERTY. Seller agrees to remove all debris and all personal property not included herein from the 119.property by possession date unless there is a prior written agreement by the parties. The property shall be delivered to 120.Buyer on the date stipulated above swept and vacuumed and ready for occupancy. At a reasonable time before settlement 121,as pre -approved by the Seller or Setter's agent, the Buyer shall have the right to inspect the property to determine that there 122.has been no significant change in the condition of the property, except for ordinary wear and tear and changes approved by 123.the Buyer, and any defects Seller has elected to cure have been repaired in a good workman like mariner. 124.SURVEY. Buyer may, prior to settlement, have the property surveyed at Buyer's expense. If Buyers elects to 125.have the property surveyed, Buyer will have the survey completed withi___ndays of acceptance, at -teas. pt-ic-n=te-thL 1 6 sEhedxlecl settl�cnrerrt. If the survey, certified by a Registered Land Surveyor, shows any encroachment on 127.property, or if any improvements located on the subject property encroach on lands of others, such encroachments 128.shall be treated as a title defect. 129.REMEDIES OF THE PARTIES - FORFEITURE - FORECLOSURE; 130.If Seller fails to fulfill this agreement, Buyer has the right to terminate the contract and earnest money shall be returned to 131.the Buyer, 132.1f Buyer fails to fulfill this agreement, Seller has the right to terminate the contract, all payments by Buyer may be forfeited and 133.retained by Seller as provided in the Laws of the state in which the property is located, In addition to the foregoing remedies, 134.Buyer and Seller each shall be entitled to any and all other remedies, or action at law or in equity, including foreclosure and 135.tho party at fault shall pay costs and attorney fees, and a receiver may be appointed. 136. ABSTRACT AND TITLE, Seller shall furnish Buyer an abstract of title, or policy Or title insurance, in 137.conformity with this agreement and land title law of the State. If abstract does not show good merchantable 138.title to said property, free and clear of all liens and encumbrances, not expressly waived or assumed by the Buyer, 139,Seller shall correct defects in title before settlement is made. Municipal building codes and zoning ordinance or 140,mineral reservations and public easements shall not be construed as title encumbrances, Seller shall pay costs of 141.additional abstracting and/or title work due to act or omission of Seller, including transfers by death of Seller 142.or assigns, Marketable title to be established by the existing laud law and title standard of the state in which 143.the property is located. BUYER INITIAL o z INITIAL SELLER INITIAL +� 4:14 PM CDT M1;IM1 PM CDT INITIAL ,,, .✓' dodunp verified dotloopverlded dodoop signature verification::,•,. ter. a.! ' -. Page 4 of 4 Pages PROPERTY654 Clarice Drive, Dubuque, IA 52001 Address City State ZIP 144,COURT APPROVAL, If the property is an asset of any estate, tTLISt, conservatorship, or receivership, this 145.contract shall be subject to Court approval, unless declared unnecessary by Buyer, If necessary, the appropriate 146.fiduciary shall proceed promptly and diligently to bring the matter on for hearing for Court approval, in this event 147.a Court Officer's Deed shall be used. 148,DEED, Upon payment of purchase price, Seller shall convey title by warranty deed or other instrument that is 149.required by Buyer's attorney. 150.GENERAL PROVISIONS. In the performance of each part of this agreement, time shall be of the essence, This 151.agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, assigns and 152,successors in interest of the respective parties. This agreement shall survive the settlement, Paragraph headings 153.are for the convenience of reference and shall not limit nor affect the meaning of this agreement. Words and 154.phrascs herein, including any acknowledgement hereof, shall be construed as in the singular or plural number, and 155.as masculine, feminine or neuter gender, according to the context. 156.NOTICE. Any notice required under this Agreement shall be deemed delivered when it is received or provided 157.either by hand delivery, facsimile, electronic communication or certified mail. Persons designated for receipt or to 158,give any notice shall be Seller(s) and Buyers) at the addresses set forth below or their Broker or Agent, 159,Electronle or facsimile transmission sent to the other party or to the appropriate Broker, followed by electronic or 160,faxed acknowledgement of receipt, shall constitute delivery of signed document. 16LENTIRE AGREEMENT. This document and attachments contains the entire agreement of the parties and supersedes all 162.prior offers with respect to the property, This Offer may be modified only by a written agreement signed and dated by 163.both parties. This Offer for Real Estate shall not be assigned by Buyer without the written consent of Seller. 164.MEDIATION. In the event of a dispute, Buyer and Seller agree to consider mediation as an alternative to 165,initiating legal action, The mediation will be conducted in accordance with the rules and procedures of a mutually 166.agreed mediation service. Even when utilizing mediation, parties may still seek legal remedies. 167,ACCEPTANCE. When accepted, this offer shall become a binding contract for the sale and purchase of the 168,above described property and the professional service fee(s) shall be due to the Agent(s) in accordance with the 169.ExcLusive Listing Agreement, Buyer Agency Agreement or other written commission agreement, between either 170.party or their Agent(s). This Offer shall not negate or change any of the conditions or terms of said Agreement(s), 171.which, by this reference shall remain in cull force and effect through the settlement.. 172_If this offer is not accepted by Seller on or before 4:0o 3a.m, or ®p.m. Date:08/06/2021 the offer shall 173.become null and void and earnest money returned to Buyer without liability on the part of said Agent(s) to either 174.party. 175.This offer was presented to Seller by _ at 3a.m, or 0 p.m. Date: 176.The foregoing offer is (check one : 'ACCEPTED RF CCTCD CCiUNTERED DA'l'E: o�y °s'isuntwo DATE Matthew T. Flood, Manager/Member City of Dubuque Pauline D Flood, Member (Print name here) (Print name here) t\ddress PHONE Address City State ZIP City State ZIP PHONE --mail I,AX E-mail PAX Pamela Helmer Ruhi & Ruhl REALTORS -Dubuque, Angola MOZena (Buyer's Agent) office (Seller's Agent) omee Buyer Attorney Name: Nate Runde ECIAR I /18 roCopyright 2018 East Central Iowa Multiple Listing Service For Member Use Only dotloopsign atureveriflcatlont w!, ;,';)•-n,?,.;f.••,I oarroarui°irry 7, CI A y7 7 INSPECTION ADDENDUM Page 1 of 3 Pages RE: PURCHASE CONTRACT, dated08/03/2021 real estate commonly known as: by and between the undersigned Buyer and Seller concerning the 654 Clarke Street Dubuque, IA 52001 Stat— a ZIp THIS SECTION .MUST" BE READ, UNDERSTOOD AND INITIALED These Inspections only cover conditions of the property not previously disclosed. They are not to be construed as inspections to bring an older home into compliance with current local building codes. They are only intended to discover any major structural, mechanical, safety and health related issues and defects. Notwithstanding the foregoing, Buyer and Seller agree that if the inspection report describes a condition of the property as one which can be remedied by routine maintenance or normal servicing, such condition shall not constitute grounds for termination of the Purchase Contract. Additionally, with respect to the items noted in said inspection reports to have reached or exceeded normal useful life, so long as such items are in worldug order, such condition(s) shall not be a basis for finding that said items are in a defective condition, and Seller shall not be required to repair or replace such items, and said conditions(s) shall not constitute grounds for termination of the Purchase Contract. If Buyer does not complete any of the inspections within the time frames agreed to, they are deemed to accept the property in "As Is" condition relative to that inspection. A copy of this inspection addendum may be provided to any inspector prior to the start of any inspection. NOTE: Inspections required by MIA, VA or lender do not eliminate the need for other inspections. We the undersigned have read and understand the information in the section above and agree by providing our initials. BUYER INITIAL o� INITIAL L71R'�ILIIJ _ 2:32 PM CDT datloopverifled dodoopverlfiad SELLER INITIAL INITIAL CHECCC ONE, 1. HONbI.E INSPECTION a. [®] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a home inspection, at the Buyer's expense by a qualified independent inspector, Or other specific inspection Inspection will be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before2• Within days after b, [0] Buyer has been afforded the opportunity to have a Home Inspection. however, Buyer hereby waives his/her right• to to have a home inspection and relies upon his/her own determination as to the condition of said property, 2. RADON — (See IDPH pamphlet larva Radon IXonf;e-Buyers and Sellers Fact Sheet or visit wwww.epa. a. [D] With written acceptance 0Csaid Purchase Contract, Buyer shall have the right to conduct a Radon Inspection at Bayer's expense, to be performed by a licensed Radon inspector, Inspection will be completed, report received and delivered to Seller clang with the Response to Inspection Report. (CHOOSE ONE) 1. On or before 2. Within_ days after b. [0] Bayer has been afforded the opportunity to have a Radon Inspection, However, Buyer hereby waives his/her right to to have a radon inspection and relies upon his/her own determination as to the condition of said. property. dotloopsignature verification; r:1 .%,':,r >. INSPECTION ADDENDUM PAGE 2 ECIAR 7 Page 2 of 3 Pages PROPERTY ADDRESS 654 Clarice Drive, Dubuque, IA 52001 _ Street City State ZIP 3. WOOD DESTROYING PEST INSPECTION ®`LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [01 With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a Wood Destroying Pest Inspection at Buyer's expense, to be performed by a qualified Pest Inspector. Inspection will be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before _2. No later than days prior to closing b. [0] Buyer is seeking a VA Loan. which requires that Seller conduct a wood destroying Pest inspection at Seller's expense to be performed by a qualified Pest Inspector. Inspection will be completed, report received and delivered to Buyer who will, if needed, prepare a Response to Inspections Report. (CHOOSE ONE) 1. On or before 2. No later than days prior to closing. c. [0] Buyer has been afforded the opportunity to have a Wood Destroying Pest Inspection. However, Buyer hereby waives his/her right to have a wood destroying pest inspection and relies upon his/her own determination as to the condition of said property, 4. WATER TEST (If Applicable) — "LENDER MAY REQUIRE FOR FINANCING APPROVAL" a, [®] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a water test performed by a qualified third party at Buyer's expense. Water test to be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before 2. No later than days prior to closing. b. [0] Buyer has been afforded the right to have a Water Test performed by a qualified third party. However, Buyer hereby waives his/her right to have a water test and relies upon his/her own determination as to the condition of said property. 5. SEPTIC INSPECTION (If Applicable) Iowa Code 45513.172 mandates the inspection of septic systems, unless exempt, prior to the transfer of property. The code applies to transfer of property which includes at least one but not more than four dwelling units. This property has a septic system and is not connected to a sanitary sewer system. a. [C]] With written acceptance of said Purchase Contract, Buyer shall require the Seller to provide the results of a Septic System Inspection performed by a DNR Certified Inspector. (CHOOSE ONE) 1. By 2. No later than days prior to closing. b. [0] Septic System Inspection will be completed by a certified DNR septic system inspector at Buyer's Expense, report received and delivered to Seller along with the Response to Inspection Report. (CHOOS.E ONE) 1. By 2. No later than days prior to closing. c. [Ell Buyer has been presented with satisfactory results of a Septic System Inspection conducted by a Certified Septic System Inspector within the appropriate two-year state mandated time frame. d. [[l] Illinois -Buyer has been afforded the right to have the septic system inspected by a qualified third party. However, Buyer hereby waives his/her right to have a septic system inspection and relies upon his/her own determination as to the condition of said property. e. [ ] N/A - property not served by septic system 6. LEAD -BASED PAINT (See EPA pamphlet .Proteet your Tainlly frvfn Lead in Your Home) a. [C]] This contract is contingent upon a risk assessment or inspection of the property for the presence of lead -based paint and/or paint hazards at the Buyer's expense with such inspection to be completed before 9:00 P.M, on the 10th calendar day after acceptance of the Purchase Contract. This contingency will terminate at the above predetermined deadline unless the Buyer, or Buyer agent, delivers to the Seller (or Seller agent) a written contract addendum listing the specific existing deficiencies and corrections needed, together with a copy of the inspection and/or risk assessment report. The Setter may, at the Seller's option, within days after delivery of the addendum, elect in writing whether to correct the condition(s) prior to settlement. If the Seller will correct the condition, the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the (late of the settlement. If the Seller does not elect to make the repairs, or if the Seller makes a counter-offer, the Buyer shall have clays after receipt to respond to the counter-offer or remove this contingency and take the property in °As-Isn condition or this contract shall become terminated. Intact lead -based paint that is in good condition is not necessarily a hazard. BUYER INITIAL"0 21 INITIAL_ 08;� SELLER INITIAL �� INITIAL dotloop signature Verification: tcr..._. "4 r,. INSPECTION ADDENDUM PAGE 3 lECIAR 7 Page 3 of 3 Pages PROPERTY ADDRESS654 Clarice Drive, Dubuque, IA 52001 Street City State ZIP LEAD BASED PAINT (CON'T) b. [0] Buyer has been afforded the opportunity to have a Lead -based Paint Inspection, However, Buyer hereby waives his/her right to have a lead -based paint inspection and relies upon his/her own determination as to the condition of said property. 7. RIGHT TO CURE/REPAIR Seller has the right to cure/repair any defective condition discovered by inspections report except*: a. [ll] No exceptions apply, OR b. [®] (fill in). *If Buyer has excepted an area or system from the right to cure/repair a defective condition by checking box "b" above and if an inspection describes a defective condition in the excluded area or system, this purchase contract shall be terminated, unless otherwise mutually agreed by the parties in writing, In the event that option "a" above has been selected such that no exceptions apply, the existence of a defective condition shall not constitute grounds for termination of the Purchase Contract if the Seller agrees to cure and/or repair said condition. THIS SECTION MUST BE READ, UNDERSTOOD AND INITIALED S. RENOVATION, REPAIR, OR REPLACEMENT In the event any of the above inspections reveal a defective condition not previously disclosed, buyer will deliver to seller Response to Inspections Report, together with a copy of the complete inspection report(s), outlining what procedure, the Buyer will require the Seller to complete in order to remedy defective condition(s). If Buyer fails to respond within the required time, they agree to accept the property in "AS IS" condition and forfeit any right to terminate the Purchase Contract based on the terms outlined in the Inspection Addendum. Seller agrees to respond to Buyer on said Response to Inspection Report within calendar days after receiving the Inspection Report and -Response to Inspection Form LCIAR-8 from Buyer. In the event Seller fails to respond as required then they agree to complete the above -mentioned procedures required by the Buyer and forfeit any right to terminate the Purchase Contract based on any terms outlined in the Inspection Addendum. BUYER INITIAL INI IAL 3z2, SELLER INITIAL INITIAL 2:32 PM CAI DT 2;07 PM CbT + dotloop verified dotloop verified Buyer and Seller hereby release Brokers and Salespersons from any liability relating to any defect or deficiency or inspection or disclosure affecting the property, said waiver shall survive the closing. The above shall be attached to and roads part of said Purchase Contract dotloo verified /✓�Zxi%.v��Yooiir/��rc�r�v�///�.�vtLv 00/03/212MPMCDT f Buyer r•NCO•YQGL•MC4N-MGP7 ate Sellera^tj�� ate p _ �P�/ilucP.� omrG N�G�v os o3/2, verified CDT Buye 3K0M•VWPV•C01C•Tz1NP ate Sellet=r Date dotloo verified led �ryLp/j,. 08/03/21 2:03 PM CDT 3 PMAgent _ABGO•JHHJ-WWhP-UVVB ateAgeu.TI37•YI1C rate ECIAR 7 1/20 C Copyright 2020 Gast Central Iowa Multiple Listing Service For Member Use Only 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: 08/20/2021 and for which the charge is 62.34 Subscribed to before me, a Notary Public in an�Tr Dubuque County, Iowa, this 20th day of August, 2021 (2�r Notary Plic in and for Dubuque County, Iowa. JANET K. PAPE Commission Nomher 199659 Ny Comm. Exp. DEC 11, 2Q22 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 7th day of September 2021, at 6:30 p.m. in the Historic Federal Building, 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 Torrent Property Management LLC: Lot 63 in Littleton & Sawyers Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof 654 Clarke Drive At the meeting, the City Council will receive in -person, virtual, and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain 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. Written comments regarding the above public hearing may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (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. Dated this 20th day of August 2021. Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 285-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO TORRENT PROPERTY MANAGEMENT LLC, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, legally identified as 654 Clark Drive, Dubuque, Iowa and legally described as: Lot 63 in Littleton & Sawyers Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof 654 Clarke Drive and WHEREAS, City acquired the through a petition for title to abandoned property for the purpose of its rehabilitation and reuse as affordable housing; and WHEREAS, City received an offer to purchase and rehabilitate the property from Torrent Property Management LLC; and WHEREAS, by accepting the selected offer the Citys objectives of rehabilitation of dilapidated residences can be realized and is consistent with the City goal of creating opportunities for affordable homeownership. 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 Torrent Property Management the sum of $35,250.00. 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 7th day of September 2021 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 16th day of August 2021. Danny C. Sprank, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk It 8/20 Doc ID: 010825790010 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 09/21/2021 at 02:32:52 PM Fee Amt: $57.00 Page i of 10 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2021-00015676 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: Torrent Property Management, LLC 17350 Castlemaine Lane Dubuque, IA 52001 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 Torrent Property Management, LLC, a limited liability company, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 63 in Littleton & Sawyer's Subdivision of Mineral Lot 194, Dubuque, Iowa, in the City of Dubuque, Iowa, according to the recorded plat thereof. (654 Clarke Drive) 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.jAt-21 of the City Council of the City of Dubuque adopted the 7th day of September, 2021, 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 8th day of September, 2021 at Dubuque, Iowa. CITY OF DUBU UE IOWA By: Roy D uol, Mayor GJO0 11�1 ®Dubuque C%ty CLERK Attest: By: /7' 6�*u� Adrienne Breitfelder, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE On this —L day of , 2021, before me a Notary Public in and for said County, personally appear d Roy D. Buol and Adrienne Breitfelder 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 Adfoq5hbuque County, Iowa o��"' `•• V_LA J. MCCARRON ': nrnmission Number owe Cnrnm. Exp. Prepared by Alexis Steger. Housing & Community Devel., 350 W. 60 St., Suite 312, (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13"' St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO.285-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO TORRENT PROPERTY MANAGEMENT LLC, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, legally identified as 654 Clark Drive, Dubuque, Iowa and legally described as: Lot 63 in Littleton & Sawyer's Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof — 654 Clarke Drive and WHEREAS, City acquired the through a petition for title to abandoned property for the purpose of its rehabilitation and reuse as affordable housing; and WHEREAS, City received an offer to purchase and rehabilitate the property from Torrent Property Management LLC; and WHEREAS, by accepting the selected dilapidated residences can be realized and opportunities for affordable homeownership. offer the City's objectives of rehabilitation of is consistent with the City goal of creating 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 Torrent Property Management the sum of $35,250.00. 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 7th day of September 2021 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 161h day of August 2021. 04-7 nny C. Sprank, Mayor Pro Tem ATTEST: 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. 285-21 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 8t" day of September, 2021. :" A Adrienne N. Breitfelder, City Clerk 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: 08/20/2021 and for which the charge is 62.34 Subscribed to before me, a Notary Public in an�r Dubuque County, Iowa, this 20th day of August, 2021 Notary a s 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 7th day of September 2021, at 6:30 p.m. in the Historic Federal Building, 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 Torrent Property Management LLC: Lot 63 in Littleton & Sawyers Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof 654 Clarke Drive At the meeting, the City Council will receive in -person, virtual, and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.conVAgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearing may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (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. Dated this 20th day of August 2021. Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 285-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO TORRENT PROPERTY MANAGEMENT LLC, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, legally identified as 654 Clark Drive, Dubuque, Iowa and legally described as: Lot 63 in Littleton & Sawyers Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof 654 Clarke Drive and WHEREAS, City acquired the through a petition for title to abandoned property for the purpose of its rehabilitation and reuse as affordable housing; and WHEREAS, City received an offer to purchase and rehabilitate the property from Torrent Property Management LLC; and WHEREAS, by accepting the selected offer the Citys objectives of rehabilitation of dilapidated residences can be realized and is consistent with the City goal of creating opportunities for affordable homeownership. 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 Torrent Property Management the sum of $35,250.00. 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 7th day of September 2021 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 16th day of August 2021. Danny C. Sprank, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk It 8/20 Prepared by Alexis Steger. Housing & Community Devel., 350 W. 61h St., Suite 312, (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO.312-21 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 654 CLARKE DRIVE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No.285-21, dated August 16, 2021, declared its intent to dispose of City interest in real property located at 654 Clarke Drive, legally described as: Lot 63 in Littleton & Sawyer's Subdivision of Mineral Lot 194 the City of Dubuque, Iowa, according to the recorded plat thereof, (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on September 7, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 6t' Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Torrent Property Management 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; Section 1. The purchase agreement by and between the City of Dubuque and Torrent Property Management for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property to Torrent Property Management. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 7t" day of September 2021. 2, P, 4 Z Roy D. ol, Mayor Attest: (iGG�'rlpi�ne, / 644� - 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. 312-21 and associated Certificate 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 8th day of September, 2021. j" OF j /o- A444 Adrienne N. Breitfelder, City Clerk Doc ID: 010825800002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 09/21/2021 at 02:33:13 PM Fee Amt: $0.00 Paqe 1 of 2 Dubuque County Iowa John Murphy Recorder File2021-00001850 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. TRANSFEREE: Name Torrent Property Management LLC Address 17350 Castlemaine Lane, Dubuque, IA 52001 State Zip Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 654 Clarke Drive, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 63 in Littleton & Sawyer's Subdivision of Mineral Lot 194, Dubuque, Iowa, in the City of Dubuque, Iowa, according tot the recorded pat thei 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) 202I- I50(o 5. Private Burial Site (check one) 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) 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 AND TH INFORMATION STATED ABOVE IS TRUE AND CORRECT. LSignature: Telephone No.: (563) 589-4381 C 4rams eror ent FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)