Public Hearing for Sale of City-Owned Property at 2601 Jackson Copyrighted
May 20, 2024
City of Dubuque Public Hearings # 010.
City Council Meeting
ITEM TITLE: Public Hearing for Sale of City-Owned Property at 2601 Jackson
SUM MARY: Proof of publication on notice of public hearing to consider City Council
dispose of City-owned real property located at 2601 Jackson Street and
authorize the Mayor to execute the Special Warranty Deed for 2601
Jackson Street, and City Manager recommending approval.
RESOLUTION Disposing of City interest in real property at 2601
Jackson, in the City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Disposition of 2601 Jackson - Staff Memo Staff Memo
Disposition of 2601 Jackson - Resolution Resolutions
Disposition of 2601 Jackson - Special Warranty Deed Supporting Documentation
Disposition of 2601 Jackson - Purchase Agreement Supporting Documentation
Dubuque
THE CITY QF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Hearing for Sale of City-Owned Property at 2601 Jackson
DATE: May 16, 2024
Housing & Community Development Director Alexis Steger is recommending City
Council dispose of City-owned real property located at 2601 Jackson Street and
authorize the Mayor to execute the Special Warranty Deed for 2601 Jackson Street.
The City of Dubuque purchased the property at 2601 Jackson Street for $30,000.00 in
2018. When the property was acquired, it was determined that the best use for the
structure (duplex) was to provide temporary accommodations for families being
relocated during lead hazard control work through the Lead and Healthy Homes
Program. The structure was rehabilitated and provided relocation for the term of the
2018-2021 Lead Grant. Due to underuse, maintenance costs, and staff capacity, it has
become less financially beneficial for the City to maintain this unit than to relocate
occupants to alternative sites.
In early April 2024, the property was listed for sale. On Monday, April 22, The City of
Dubuque received an offer from Timothy Johnson to purchase the property at 2601
Jackson for $147,000.00. The City entered a purchase agreement with Mr. Johnson on
Thursday, April 25, 2024.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Director
Maddy Haverland, Urban Development and Housing Rehabilitation Project
Manager
Dubuque
THE CITY OF �
D L � i I-hmericaC';
U
Masterpiece an the Mississippi ,��;.��,,.,�13:,�,;
To: Michael C. Van Milligen, City Manager
From: Alexis M. Steger, Housing & Community Development Director
Subject: Public Hearing for Sale of City-Owned Property at 2601 Jackson
Date: May 13, 2024
INTRODUCTION
The purpose of this memorandum is to request that City Council hold a Public Hearing
for the purpose of disposing of City-owned real property located at 2601 Jackson Street.
BACKGROUND
The City of Dubuque purchased the property at 2601 Jackson Street for $30,000.00 in
2018. When the property was acquired, it was determined that the best use for the
structure (duplex) was to provide temporary accommodations for families being
relocated during lead hazard control work through the Lead and Healthy Homes
Program. The structure was rehabilitated and provided relocation for the term of the
2018-2021 Lead Grant. Due to underuse, maintenance costs, and staff capacity, it has
become less financially beneficial for the City to maintain this unit than to relocate
occupants to alternative sites.
In early April 2024, the property was listed for sale. On Monday, April 22, The City of
Dubuque received an offer from Timothy Johnson to purchase the property at 2601
Jackson for $147,000.00. The City entered a purchase agreement with Mr. Johnson on
Thursday, April 25, 2024.
RECOMMENDED ACTION
I respectfully request the City Council hold a public hearing and authorize the Mayor to
execute the Special Warranty Deed for 2601 Jackson Street.
Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project
Manager
Prepared by Maddy Haverland, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 152-24
DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 2601 JACKSON, IN THE
CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 122-24, dated May 6, 2024, �}
declared its intent to dispose of City interest in real property located at 64-2- L4ncoln 2601
AV8R (the Property) legally described as: Jackson
The Easterly 70 feet of Lot 376 in Davis Farm a part of Dubuque, in the City of
Dubuque, Iowa, according to the recorded plat thereof; and
Whereas, pursuant to published notice, a public hearing was held on the
proposed disposition on May 20, 2024, 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 Timothy Johnson 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 Mayor and City Clerk are hereby authorized and directed to
execute a Special Warranty Deed, conveying the City's interest in the Property to
Timothy Johnson.
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 20th day of May �024'
Ric W. Jon�sAayor Pro Tern
Attest
A& 14
Adrienne Breitfelder, City Clerk
Prepared by Crenna Brurnwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumweli, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Tax Statement to:
Timothy Johnson
408 Burch Street
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
Timothy Johnson, a single person, the following legally described real estate situated in
the County of Dubuque, State of Iowa, to wit (the Property):
The Easterly 70 feet of Lot 376 in Davis Farm, a part of Dubuque, in the
City of Dubuque, Iowa, according to the recorded plat thereof
(2601 Jackson Street)
This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6).
There is no known private burial site, well, solid waste disposal site, underground
storage tank, hazardous waste, or private sewage disposal system on the
property as described in Iowa Code Section 558.69, and therefore the
transaction is exempt from the requirement to submit a groundwater hazard
statement.
This Deed is given pursuant to the authority of Resolution No.15.R -24 of the City
Council of the City of Dubuque adopted the a0 day of (,)n , 2024, 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 �1 day of T, 0'y 2024 at Dubuque, Iowa.
CITY OF DUB Q E IOW
By:
Ric W. Jones,, c
Attest:
By- � ,,A.O�-4
r
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
Pro Tem
On this � i day of C , 2024, before me a Notary Public in and
for said County, personally appeared Ric W. Jones and Adrienne N. Breitfelder to me
personally known, who being duly sworn, did say that they are the Mayor Pro Tern 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 Pro Tem and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed4.
otary Public in and for Dubuque County, Iowa
TUSDEE LYNMI 15LU6
Commission Humbqr k42479
„w* My Comm. Exp.
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I�"{is . Q ECIAR 1
PURCHASE CONTRACT Page 1 of 4 Pages
THIS IS A LEGAL BINDING DOCUMENT.IF NOT UNDERSTOOD SEEK LEGAL ADVICE
DATE OF OFFER04/22/2024
AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION
L This document is prepared by:Ruhl&Ruhl Realtors/Jeremy Noel AS AGENT FOR
firm name/agent name
2. (Check one) �Seller Exclusively �Buyer 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. �Lead Base Paint Disclosure �Seller Disclosure of Property Condition
9. �Inspection Addendum �Sale Contingency
10. �Addendum to Purchase �Rental Addendum
11. �IL Radon Disclosure �Other pocuments/Attachments/Legal Description:Bill of sale
12.
13.OFFER TO:City of Dubuque (herein designated as SELLER)
Seller Names
14. The undersignedTimothy Johnson (herein designated as BUYER)
Buyer names
15. Hereby propose to purchase your property known as:2601 Jackson St Dubuque
Address City
16. IA,52001 Parcel#(s)1013329021
State ZIP
17.and agrees to pay you the sum of:One hundred forty seven thousand dollars
18. $147,000 as follows: $ earnest money to be held in trust by(select one) � Listing Broker,
19. or, ❑ other Earnest money shall be
20. increased to$1,000 within3 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 obligarions herein are not satisfied,the
23. earnest money shall be distributed in accordance with the paragraph enritled"Remedies of the Parties".
24. ALL USUAL COSTS INCURRED IN SECURING SUCH MORTGAGE SHALL BE PAID BY THE BUYER EXCEPT:SELLER TO PAY UP TO
25. $0 TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS.
26. OTHER TERMS/CONTINGENCIES
27.The Purchase Price is be paid as follows (Check the Appropriate Box(s))
28. � CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has
29. right to receive immediate verification of funds. ❑ Seller ❑ Buyer is responsible for settlement fee.
30.Terms as follows:
3L � FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with
32. terms as provided in lines 39-41 of this contract.
33. �Conventional �ConventionalInsured
34. � FHA �VA
35. � Land Contract(terms as follows)
36. �OTHER
37. If Buyer provides written proof Buyer is unable to obtain financing,this contract is terminated and earnest
38. money returned.
39.DOWNPAYMENT 3.5 (%)percent(or)$_ INTEREST RATE not to exceed:8 %per annum
40.TERM OF MORTGAGE/LOAN 30 years. DATE FOR FINANCING CONTINGENCY RELEASE:05/14/2024 ,Or
41.Within days after_
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) � attached� delivered by � Other
BUYER INITIAL 04�'dZq INITIAL� SELLER INITIAL o4� INITIAL�
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Page 2 of 4 Pages
PROPERTY 2601 Jackson St,Dubuque,IA 52001
Address City State ZIP
45.Broker 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:05/28/2024 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 under 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 disbursements.
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 rime of settlement will be pro-rated between the
58. Seller and the Buyer. Any such pro-rates will be based on current 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 Seller.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' associarion dues 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 shall 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 deductible on such policy.However,if
75.the sale is financed by a land contract or a martgage to Seller,the insurance proceeds shall be beld 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 fan(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.
90.EXCLUDED PROPERTY AND RENTAL ITEMS(i.e.water softener,LP or other gas tank):
91.
BUYER INITIAL 04,�4 INITIAL SELLER INITIAL � INITIAL
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PROPERTY 2601 Jackson St,Dubuque,IA 52001
Address City State
92.DUTIES OF PARTIES:
93. Seller and Buyer acknowledge and agree that REALTOROO/Broker(s),its affiliated licensees and employees:
94.must respond to all quesrions 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. future value, income potential,whether the basement is waterproof,etc.; are not qualified to advise on questions
98.concerning the condition of the property,the legal sufficiency,legal effect or tax consequences of this document
99.or transaction.For such matters,Seller and Buyer are advised to consult the appropriate professional(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
lOS.inspecrion for termites,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
lll.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.
118.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 Seller'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 manner.
124.SURVEY.Buyer may,prior to settlement,have the property surveyed at Buyer's expense.If Buyers elects to
125.have the properry surveyed,Buyer will have the survey completed at least seven(7)business days prior to the
126.scheduled settlement.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.sha11 be treated as a ritle 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.If 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.the 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,ar policy of 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 properry,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 land law and title standard of the state in which
143.the property is located.
BUYER INITIAL 04�'d�24 INITIAL� SELLER INITIAL�INITIAL�
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PROPERTY 2601 Jackson St,Dubuque,IA 52001
Address City State ZIP
144.COURT APPROVAL.If the property is an asset of any estate,trust,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 attomey.
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.phrases 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 communicarion or certified mail.Persons designated for receipt or to
158.give any notice shall be Seller(s) and Buyer(s)at the addresses set forth below or their Broker or Agent.
159.Electronic 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.
161.ENTIRE AGREEMENT.This document and attachments contain 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 urilizing 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 properry 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 full force and effect through the settlement.
172_If this offer is not accepted by Seller on or before 5 �■a.m.or�p.m.Date:04/25/2024 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. haron Gaul/EXIT Realty
175.This offer was presented to Seller by nllmlted at 6:30 a.m.ar� p.m. Date: 4/22/24
1�6.The fore oin offer is check one : x ACCEPTED �REJECTED �COUNTERED
T``��°,�°°'� PJP��,a;vsJ��S,e Q�-�� ��„EK��43aMa�zo
(Buycr s ignaturc) DATE: ( c cr s ignaturc DATE
Timothy Johnson Alexis Steger for the City of Dubuque
Print namc hcrc Print namc hcrc
uyer s ignature e er s �gnalure
(Print name here) (Print namc here)
i 50 W 13th St
Address PHONE Address PHONE
Dubuque,IA 52001
City State ZIP City State ZIP
j ohnson.timothy056@gmaff.com
E-mail FAX E-mail FAX
Jeremy Noel Ruhl&Ruhl REALTORS-Dubuque Sharon Gaul EXIT Realty Unlimited
(Buyer's Agent) Office (Seller's Agent) Oftice
Buyer Attorney Name:sam Degree Seller Attorney-Crenna Brumwell
ECIAR 1/18 OO Copyright 2018 East Central Iowa Multiple Listing Service for Member Use Only
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PORr�� ECIAR 7
INSPECTION ADDENDUM Page 1 of 3 Pages
RE: PURCHASE CONTRACT,dated 04/22/2024 by and between the undersigned Buyer and Seller concerning the
real estate commonly known as:
2601 Jackson St,Dubuque,IA 52001
Street City State 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 working 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 FHA,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 04,'�Zq INITIAL� SELLER INITIAL o4� INITIAL�
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CHECK ONE
1. HOME 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 inspecrion
Inspecrion will be completed,report received and delivered to Seller along with the Response to Inspecrion Report.
(CHOOSE ONE) 1. On or before 2.Withinl5 days afteracceptance
b. [❑] 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 lowa Radon Home-Buyers and Sellers Fact Sheet or visit www.epa.gov/radon)
a. [❑] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a Radon Inspection at
Buyer's expense,to be performed by a licensed Radon 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. Within days after
b. [�] Buyer 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.
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INSPECTION ADDENDUM PAGE 2 ECIAR 7 Page 2 of 3 Pages
PROPERTY ADDRESS 2601 Jackson St,Dubuque,IA 52001
Street City State ZIP
3. WOOD DESTROYING PEST INSPECTION—"LENDER MAY REQUIRE FOR FINANCING APPROVAL"
a. [❑] 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 Inspecrion Report.
(CHOOSE ONE) 1. On or before 2.No later than days prior to closing
b. [❑] 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. [�] 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 Inspecrion Report.
(CHOOSE ONE) 1. On or before 2.No later than days prior to closing.
b. [�] 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 455B.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. [❑] 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 Cerrified Inspector.
(CHOOSE ONE) 1. By 2.No later than days prior to closing.
b. [❑] Sepric System Inspection will be completed by a certified DNR sepric system inspector at Buyer's E�pense,report
received and delivered to Seller along with the Response to Inspection Report.
(CHOOSE ONE) 1.By 2.No later than days prior to closing.
c. [❑] 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. [❑] 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 condirion of said properry.
e. [�] N/A-property not served by septic system
6. LEAD-BASED PAINT(See EPA pamphlet Protect your Family from Lead in Your Home)
a. [❑] This contract is contingent upon a risk assessment or inspecrion of the property far the presence of lead-based paint
and/or paint hazards at the Buyer's expense with such inspecrion to be completed before 9:00 P.M. on the l Oth 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
Seller 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 date 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
days after receipt to respond to the counter-offer or remove this contingency and take the property in"As-Is"
condition or this contract shall become terminated.Intact lead-based paint that is in good condition is not necessarily
a hazard.
BUYER INITIAL 04�'r/24 INITIAL� SELLER INITIAL o4� INITIAL�
5:41 PM CDT 2:25 PM CDT
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INSPECTION ADDENDUM PAGE 3 ECIAR 7 Page 3 of 3 Pages
PROPERTY ADDRESS2601 Jackson St,Dubuque,IA 52001
Street City State ZIP
LEAD BASED PAINT(CON'T)
b. [�] 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 properry.
7. RIGHT TO CURE/REPAIR Seller has the right to cure/repair any defective condition discovered by inspections report
except*:
a. [❑] No exceptions apply,OR
b. [�] (fill in)significant structural,mold or pest
*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 parries in writing. In the event that option"a"above has been selected such that no exceprions
apply,the existence of a defective condirion shall not consritute grounds for termination of the Purchase Contract if the Seller agrees to
cure andlor repair said condirion.
THIS SECTION MUST BE READ,UNDERSTOOD AND INITIALED
8. 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 3 calendar days after
receiving the Inspection Report and_Response to Inspection Form ECIAR-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 04,'�ZQ INITIAL� SELLER INITIAL o4,� INITIAL�
5:41 PM CDT 225 PM CDT
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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 made part of said Purchase Contract
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ECIAR 7 1/20 �O Copyright 2020 East Central Iowa Multiple Listing Service For Member Use Only
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Ruhl
_ �&Ruhl BILL OF SALE PERSONAL PROPERTY E��A� NOUgING REALTOR
OPPOHTUNITY
REALTORS
The undersigned Seller(s)
City of Dubuque
in exchange for adequate consideration which the parties to this transaction hereby acknowledge has
already been received as well as for the convenience of both parties, do hereby sell, assign, transfer
and set over unto the undersigned Buyer(s)
Timothy Johnson
the following described Personal Property:
efrigerators
icrowaves
asher
ryer
The Personal Property is now located at:
2601 Jackson St,Dubuque, IA 52001 (herein "Real Property")
Street City State Zip
The Personal Property: ❑� �'ill be in working condition upon transfer.
❑� will be transferred in"as is" condition, with no warranties.
The Seller(s)warrant with respect to the property that they are the lawful owners and the property is free
and clear of all liens and encumbrances. Transfer of the Personal Property is contingent on Seller(s)
successfully conveying to Buyer(s) the Real Property described above. Buyer(s) hereby assent to
becoming owner of the above described Personal Property upon the conveyance of the Real Property to
Buyer(s). Should the transaction not close, this bill of sale shall become null and void and the Buyer(s)
shall no longer be obligated to purchase nor shall Seller(s) be obligated to sell the above-described
Personal Property.
EXECUTED BY BUYER: EXECUTED BY SELLER:
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Date Date
ate ate
Bill of Sale Perso�aal
Psroperty 9/ZO21
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Ru h� Addendum to Purchase Agreement
&Ru h I #1
REALTORS
This Addendum is hereby attached to and made part of a certain Purchase Agreement, dated
04/22/2024 by Timothy Johnson , Purchasers,
and City of Dubuque , Sellers, for the sale of the property at
2601 Jackson St, Dubuque,IA 52001
TERMS:
owner to occupy property for 5 years per The City of Dubuque covenants that are being written.
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Seller Date Purchaser Date
Seller Date Purchaser Date
M://Forms/Purchase Agreement Addendum/3/2010
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Poa��� ECIAR 34
"AS IS" Addendum
The Property located at 2601 Jackson St,Dubuque,IA 52001
is being offered "AS IS"with the following condition:
(Check One)
n(1) The property is sold in the condition presented.Any inspections, including but not limited to termite,
building, mechanical, plumbing,environmental,cosmetic,or structural inspection is waived by Buyer. No repairs or
corrections will be made by the Seller.
�(2) While the property is being sold "As Is",the Buyer is entitled to request a building, mechanical,termite,
structural or environmental inspection to determine the status of the property.This option includes the right of
the Buyer to cancel this contract and have earnest money returned if the results of the inspections are
unsatisfactory.Seller will make no repairs.
�(3) While the property is being sold "As Is",the Buyer is entitled to all rights allowed in the termite, building,
mechanical,structural and environmental inspection clauses of the contract, including the right to ask for repairs.
It is understood that the Seller's position may be to deny any requests for repairs. If parties cannot agree in writing
to repairs,the Purchase Contract shall be terminated and earnest money returned to Buyer.
Once agreed to and accepted a Purchase Contract on a property sold "AS IS" is a binding contract on all parties.
It is further understood by all parties that an "As Is"sale does not relieve the Seller of the obligation to properly fill
out a Sellers Property Disclosure Statement(when required),and that all real estate licensees must disclose all
Material Adverse Facts of which he/she has knowledge or which are readily available or observable relating the
condition of the property.
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ECIAR 34 11/23 �O Copyright 2023 East Central lowa Association of REALTORS For Member Use Only
-- �
EXIT REALTY 11NLIMITEd
dotloop signature verification:
�UI�I�TC1�1�E
Dear Timothy Johnson, 02/O1/2024
Property: TBD
Congratulations!
Your loan request has been approved! You have applied for a Conventional loan based on an interest rate of up
to tbd% and a term of 360 months. Your final loan amount depends on the rate, term, and the availability of
your loan program. Please note this letter does not constitute an interest rate lock agreement. The approval is
subject to verification of the information you have provided to us on the application, the appraised valuation of
the property, and an acceptable title insurance commitment. If any of the information on your original
application changes, the approval will be void. At that time, the information can be updated and resubmitted for
a new approval.
Enjoy the advantages of an approved status.
• Negotiatin� Power: If you're purchasing a home, secured financing lets the sellers know your offer is solid.
• Competitive Pro�rams: We offer a complete selection of mortgage loan products to meet your needs, all
with competitive rates and pricing.
• A Smooth Loan Process: With your credit history approved, we simply need to verify the information you
have provided and your loan will be ready for final approval.
• Service Excellence: We want your business, as well as your endorsement to others. Our mortgage experts
are dedicated to providing service that will guarantee this.
Thank you for choosing Ruhl Mortgage.
I appreciate the opportunity you have given me to serve you. If you decide to make changes to your loan
request or if you have questions, don't hesitate to contact me immediately at the number listed below.
Sincerely,
�G-�'`�-�
Lawrence Davis
Mortgage Loan Originator
(309) 743-8060
=
LENDER
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:
05/10/2024
and for which the charge is 64.58
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this loth day of May, 2024
Notary Pu
in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Commission Expires
12/11/2025
Ad text :
CITY OF DUBUQE, 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 May 2024, 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
Timothy Johnson:
The Easterly 70 feet of Lot 376 in Davis Farm a part of
Dubuque, in the City of Dubuque, Iowa, according to the
recorded plat thereof
locally known as 2601 Jackson St.
At the meeting, the City Council will receive oral 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 Clerks Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings 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. At said time and place of public
hearings the City Council will receive any written comments.
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,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa by dialing 711
or (800) 735-2942.
Published by order of the City Council given on the 6th day
of May 2024.
Adrienne N. Breitfelder, CMC, City Clerk
RESOLUTION NO. 122-24
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL
ESTATE TO TIMOTHY JOHNSON, SETTING A TIME AND PLACE FOR
HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) owns 2601 Jackson
Street (the Property) legally described as:
The Easterly 70 feet of Lot 376 in Davis Farm a part of
Dubuque, in the City of Dubuque, Iowa, according to the
recorded plat thereof; and
Whereas, the City acquired the property through purchase in
2018; and
Whereas, it is the recommendation of the Housing and
Community Development Department to approve the purchase
agreement for the sale to Timothy Johnson according to the
terms and conditions set out in the purchase agreement 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. That the City of Dubuque, Iowa, proposes to
approve the purchase agreement of the above -described real
estate to Timothy Johnson.
Section 2. That the City Council shall conduct a public
hearing on the proposed purchase agreement in the City Council
Chambers at the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa on the 20th day of May 2024, beginning at 6:30
PM.
Section 2. 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 May 2024.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne Breitfelder, City Clerk
It 5/10