Congress Cr. Vacat Yiannis KalbMEMORANDUM
November 15, 2001
TO:
FROM:
SUBJECT:
The Hdnorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - Congress Circle
The City has received a request from N.J. Yiannias, representing-Key City Investment
Co., to purchase the Congress Circle right-of-way off John F. Kennedy Road. Mr.
Yiannias owns the three lots abutting the Congress Circle right-of-way.
Subsequent to the request to vacate Congress Circle, the City also received a request
to purchase this property from James and Gregory Kalb.
Public Works Director Mike Koch advises that the City has no use for the property,
except for reserving a 20' vehicular access easement for the existing platted lots.
It is important to note in this process that the City of Dubuque had not identified this
property as an excess parcel that needed to be sold, but was approached by the
abutting property owner to purchase the property. It has been the long-standing policy
of the City to first offer the sale of public property to abutting property owners.
The City had originally had an appraisal done on the property, but had failed to notify
the appraiser that one of the conditions of the sale of the property would be that there
must be a 20' vehicular access easement preserved. Felderman Appraisals has
updated their appraisal and has established a value for the property of $35,750.
Mr. Yiannias has agreed to pay that price for the property. The City also has an offer
from James and Gregory Kalb for a price of $65,000.
If the City were to sell to any party other than the abutting property owners, we would
have to pay damages to those property owners related to any depreciation of value to
their property. At this time we do not know what the extent of those damages would be,
and even if we were to attempt to estimate those damages, that issue probably would
only be resolved through litigation.
Public Works Director Mike Koch is recommending that the City sell the lot to the
abutting property owner, Mr. Yiannias, for the appraised value of $35,750.
I concur with the recommendation and respectfully request Mayor and City Council
approval and ask that this issue be set for public hearing on December 3, 2001
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser. Assistant City Manager
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
November 14, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Vacating Petition - Congress Circle
INTRODUCTION
This is in response to a request from N. J. Yiannias representing Key City
Investment Co. and also James and Gregory Kalb for the vacating and purchase of
Congress Circle.
DISCUSSION
The attached plat shows Congress Circle as it is proposed to be vacated. The
abutting properties on all three sides are owned by Key City Investment Co.
The area to be vacated is dividing into one (1) Jot numbered Lot 2A of Westview
Shopping Center Place No. 2. Lot 2A of Westview Shopping Center Place No. 2 is
an existing 50-foot wide street on which no public utilities exist. A 20-foot wide
access easement will be reserved for vehicular access to the property at the west
end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2.
The property has been appraised by Felderman Appraisals on behalf of the City at
$2.99 per square foot, for a total value of $35,750.
RECOMMENDATION
The City has no plans for the utilization of the street to be vacated, except for
reserving the 20-foot vehicular access easement as noted.
I would recommend that the area indicated by Lot 2A of Westview Shopping
Center Place No. 2 on the attached plat be vacated, and that a public hearing be
set for the disposition of the City's interest in the subject area on December 3,
2001. I would further recommend that the purchase price be established at
$35,750, plus platting, publication and filing fees.
It has been the long-standing' policy of the City to first offer the sale of public
property to the abutting property owner(s). In cases where the abutting owner(s)
have declined an interest in purchasing the property, the City then considers any
other outstanding offers to purchase or to place the property on the market for
public bidding.
Mr. Yiannias has already made an offer to the City for $35,750 based upon the
City's appraisal. (Mr. Yiannias's appraised value ranged from $36,000 to
$38.000). Even though the offer of James and Gregory Kalb is for $65,000, they
do not own any property abutting Congress Circle and, therefore, would not
normally be given preference over an abutting property owner, particularly one that
owns properties on all three sides of the vacated street.
City staff, at this time, considers that there is only one valid petitioner, that of Mr.
Yiannias. City staff has, therefore, prepared the necessary documents to proceed
with the vacating and sale of the property to Mr. N.J. Yiannias.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved, and a public hearing
should be scheduled on the disposal of the property to Key City Investment Co.
through adoption of the enclosed resolutions and ordinance.
MAK/vjd
Prepared by Ronald J. Turner, P.L.S.
cc: James G. Kalb and Gregory J. Kalb
KEY CITY INVESTMENT CO. An owa Corporation
P,O. Box 3127 DUBUQUE, IOWA 52004-3127
Phone (319) 583-6101 Fax (319) 583-5004
August 14, 2001
Honorable Mayor and City Council
City of Dubuque
City Hall
Dubuque, Iowa 52001
Key City Investment Co. is the owner
of property surrounding Congress Circle, a city
street.
The enclosed plat designates the
dead-end street and surrounding property.
We request this street be vacated
with title reverting to Key City Investment Co.
This vacation will facilitate devel-
opment of the surrounding property into produc-
tive, tax paying entities that will substantially
contribute to the economic progress of Dubuque.
NJY:lg
Encl.
Very truly yours,
KEY CITY INVESTMENT CO.
N. J. Yiannias, President
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 507-O1
RESOLUTION APPROVING PLAT OF PROPOSED VACATED CONGRESS
CIRCLE
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated November 13, 2001, prepared by IIW Engineers &
Surveyors, P.C., describing Congress Circle; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated November 13, 2001, prepared by IIW
Engineers & Surveyors, P.C., relative to the real estate hereinabove described be
and the same is hereby approved, and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said plat and on behalf of the City of
Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual
access easement to the west end of Congress Circle, Lot 1 of Westview Shopping
Center Place No. 2.
Section 3. That the City Clerk be and is hereby authorized and directed to
file said plat and certified copy of this resolution in the office of the Recorder, in
and for Dubuque County, Iowa.
Passed, approved and adopted this 19th day of November, 2001.
Attest:
/s/ Jeanne F. Schneider, City Clerk
/s/ Terrance M. Duggan, Mayor
PREPARED BY:
PLAT OF SURVEY
LOT 2A OF WESTVIEW SHOPPING CENTER PLACE NO. 2
IN THE CITY OF DUBUQUE, IOWA
BEING THE VACATED PART OF CONGRESS CIRCLE
RIGHT -OF -WAY WEST OF J. F. KENNEDY ROAD
IN THE CITY OF DUBUQUE, IOWA
01811 WW 1/4
U
o WESTVIEW
o , 25 WIDE PUBLIC
m UTILITY EASEMENT
0 o PER THIS PLAT
ri
L
IIW ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556 -2464
S 89'35'06" W
49.72'(50')
LEGEND
PLAT BOUNDARY
• FOUND 5/8 " IRON ROD W/
PLASTIC CAP NO. 12631
• FOUND 1" IRON PIPE UNLESS NOTED
o SET 5/8" IRON ROD W/
PLASTIC CAP NO. 12631
( ) RECORD INFORMATION
R.O.W. RIGHT -OF -WAY
LOT 1 -2 -1 -2
WESTVIEW SHOPPING CENTER PLACE
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS, COVENANTS,
SERVITUDES, RESERVATIONS, RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD.
SURVEYED FOR: NICK YIANNIAS
LOT 2
SHOPPING CENTER PLACE NO. 2
POINT OF BEGINNING
S 89'35'06" W
239.29'(239')
C LOT 2A
11,976 SQ. FT.
N89'35'O6 "E
239.29'(239.01')
PROPRIETOR: CITY OF DUBUQUE
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR IIW ENGINEERS AND SURVEYORS, P.C.
44P114^- 11- 13 - I
JOH M. TRANMEA DATE
UCENSE NO. 12631 MY UCENSE RENEWAL DATE 15 12/31/2002 4
PAGES OR SHEETS COVERED BY THIS SEAL I OF Z zov Z
FOUND "X" CUT
SET PK NAIL
,,11nIIIIIIIIIIinit,,..
NORTH
GRAPHIC SCALE
0 50
100
z
1 "= 50'
DRAWING MAY HAVE BEEN REDUCED
TOTAL AREA SURVEYED: 11,976 SQ. FT.
)ATE OF SURVEY: SEPTEMBER 2001
1 17/
11W ENGINEERS &
SURVEYORS, P.C.
Iowa, Illinois, Wisconsin
4155 Pennsylvania Ave.
Dubuque, IA 52002
563.556.2464
Guttenberg. IA • Hazel Green, WI
DRAWN SAF PLAT NO. 89 —IA -01
CHECKED JMT I PROJ. N0.01175 -05
DATE 11 -12 -01 I SHEET 1 of 2
P: \D1 \175\175 -04 \DWG \01175 —oSVAc
PLAT OF SURVEY
LOT 2A OF WESTVlEW SHOPPING CENTER PLACE NO. 2
IN THE CITY OF DUBUQUE, IOWA
BEING THE VACATED PART OF CONGRESS CIRCLE
RIGHT-OF-WAY WEST OF J. F. KENNEDY ROAD
IN THE CiTY OF DUBUQUE, iOWA
o~ u~ LOT 2
.o o WESTVIEW SHOPPING CENTER PLACE NO. 2
,,.qo
c~ ~ POINT OF BEGINNING-x Z
O0~,i/ Z Z
-- k, o= S 89'55'06" W
- 25g,29'(239') ,~' o
000
c,0~r~ss c~~¢~- LOT 2A o,
11,976 SQ. FT. m ~ ~ 0
239.29'(239.01') FOUND 'X" CUT
S 89'35'06" W SET P~ N~L
49.72'(50')
.0
j LOT 1-2-1-2
j WESTVIEW SHOPPING CENTER PLACE
LEGEND
PLAT DOUNOARY NOIqTH
· FOUND 5/8' lEON RO0 W/
PLASTIC CAP NO. 12631
· FOUND 1" IRON PIPE UNLESS NOTED GRAPHIC SCALE
0 SET 5/e' ~RON ROD W/ 0 50 100
PLASllC CAP NO. 12631
( ) RECORD INFORMA'r[oN
R.O.W. RIGHT-OF-WAY 1" = 50'
NOTE DRAWING MAY HAVE BEEN REDUCED
THIS SURVEY IS SUBJECT TO EASEMENTS, COVENANTS,
SERVITUDES, RESERVA3IONS, RESTRICTIONS AND TOTAL AREA SURVEYED: 11,976 SQ, FT.
RJGHTS-OF-WAY OF RECORD AND NOT OF RECORD,
SURVEYED FOR: NICK YIANNIAS PROPRIETOR: CiTY OF DUBUQUE DATE OF SURVEY: SEPTEMBER 2001
......." ~ .o...w. ~'"....... ' "~"=~ ~"~,, ~,,,,, ~ ,~,- ,~,,~ ~,, ,,,.,o ~tw ~NO~EERS
.~ ~ JOHN M. ~ ~ ¢~55 Penns~.nlo
~r- [ TRANMER } =} F~ IIW EN~,N[~$ AND lP, JR'~'~DR,% P.e. Oubu,:lu~,, IA 52~02
=o= LS 12651~.=
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Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
ORDINANCE NO. 77-01
ORDINANCE VACATING CONGRESS CIRCLE
Whereas, Key City Investment Co. has requested the vacating of Congress
Circle; and
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the
City Council a plat showing the vacated street of Congress Circle and assigned lot
number thereto, which hereinafter shall be known and described as Lot 2A of
Westview Shopping Center Place No. 2, in the City of Dubuque, Dubuque County,
Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that
Congress Circle is no longer required for public use, except for a 20-foot perpetual
access easement to the west end of Congress Circle, Lot 1 of Westview Shopping
Center No. 2 as noted, and vacating of said Congress Circle known as Lot 2A of
Westview Shopping Center Place No. 2 in the City of Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 2A of Westview Shopping
Center Place No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual access
easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center
Place No. 2.
Passed, approved and adopted this 19th day of November, 2001.
/s/ Terrance M. Duggan, Mayor
Attest:
/s/ Jeanne F. Schneider, City Clerk
~/~eanne F. Sch~ider, City Clerk
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
ORDINANCE NO. - 01
ORDINANCE VACATING CONGRESS CIRCLE
Whereas, Key City Investment Co. has requested the vacating of Congress
Circle; and
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the
City Council a plat showing the vacated street of Congress Circle and assigned lot
number thereto, which hereinafter shall be known and described as Lot 2A of
Westview Shopping Center Place No. 2, in the City of Dubuque, Dubuque County,
Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that
Congress Circle is no longer required for public use, except for a 20-foot perpetual
access easement to the west end of Congress Circle, Lot 1 of Westview Shopping
Center No. 2 as noted, and vacating of said Congress Circle known as Lot 2A of
Westview Shopping Center Place No. 2 in the City of Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 2A of Westview Shopping
Center Place No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual access
easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center
Place No. 2.
Passed, approved and adopted this
day of ,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 508-01
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2A OF
WESTVlEW SHOPPING CENTER PLACE NO. 2, DUBUQUE, IOWA
Whereas, Key City Investment Co. has requested the vacating of Congress Circle.
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City
Council a plat showing vacated Congress Circle and assigned lot number thereto, which
hereinafter shall be known and described as Lot 2A of Westview Shopping Center Place No. 2,
in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has reserved unto itself a 20-
foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview
Shopping Center Place No. 2.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2A of
Westview Shopping Center Place No. 2 in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 2A of Westview Shopping Center Place No. 2
in the City of Dubuque, Iowa to Key City Investment Co. be contingent upon the payment of
$35,750.00 plus platting, publication and filing fees.
Section 3. The City of Dubuque reserves unto itself a 20-foot perpetual access
easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2.
Section 4. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to dispose of said real estate to be published in the manner as prescribed by
law.
Passed, approved and adopted this 19th day of November ,2001.
Attest:
/s/ Jeanne F. Schneider, City Clerk
/s/ Terrance M. Duggan, Mayor
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. - 01
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF WESTVIEW
SHOPPING CENTER PLACE NO. 2, DUBUQUE COUNTY, DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on day of .,
2001, the City Council of the City of Dubuque, Iowa met on the day
of , 2001, at 6:30 p.m. in the Public Library Auditorium,
11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for
the sale of real estate described as:
Lot 2A of Westview Shopping Center Place No. 2, in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to sell such real estate, except for
easements as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot
2A of Westview Shopping Center Place No. 2, in the City of Dubuque, Iowa to Key
City Investment Co. be and the same is hereby approved for the sum of
$35,750.00, plus cost of publication, platting and filing fees. Conveyance shall be
by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual
access easement to the west end of Congress Circle, Lot 1 of Westview Shopping
Center Place No. 2.
Section 3. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver
said deed of conveyance to Key City Investment Co. upon receipt of the purchase
price in full.
Section 4. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the office of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this
day of ,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
(NONRESIDENTIAL)
TO: THE CITY OF DUBUQUE, IOWA, AN IOWA MUNICIPAL CORPORATION ("SELLER")
The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real
property situated in the City of Dubuque, Iowa, and described as:
The "Property" consists of Congress Circle, a City street, as shown on the drawing attached hereto and
by this reference made a part hereof, consisting of approximately 12,000 feet, more or less [legal
description to be supplied later upon platting],
together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for pub[ic
utilities or roads, any zoning restrictions, customary restrictive covenants, and mineral reservations of record, if any, herein
referred to as the "Property," upon the following terms and conditions provided BUYER, on possession, is permitted to
use the Property for commercial purposes.
I. PURCHASE PRICE. The Purchase Price shall be $35,750.00 and the method of payment shall he as
follows: $1,000.00 with this offer, to be deposited upon acceptance of this offer as earnest money, to be delivered to the
SELLER upon performance of SELLER'S obligations and satisfaction of BUYER'S contingencies, if any; and the balance of
the Purchase Price as follows:
The balance of the purchase price shall be paid in full at the Closing (defined below).
2. REAL ESTATE TAXES. SELLER shall pay real estate taxes, ifany, proratedtothedateofc[osing. BUYER
shall pay all subsequent real estate taxes.
3. SPECIAL ASSESSMENTS.
SELLER shall pay in full at time of closing all special assessments wh ich are a lien on the Property as of the closing.
BUYER shall pay all other special assessments or installments not payable by SELLER.
4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the Property prior to
closing or possession, whichever first occurs.
5. POSSESSION AND CLOSING. If BUYER timely performs ali obligations, possession of the Property shall
be delivered to BUYER on or before December 31,2001, subject to vacation of the City street, Congress Circle, by SELLER
(which shall be finalized not later than December 31, 2001). This transaction shall be considered closed upon delivery
of the title transfer documents to BUYER and receipt of all funds then due at closing from BUYER under this agreement.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically
adapted to, or are a part of the Property, whether attached or detached.
7. CONDITION OF PROPERTY. The Property as of the date of this agreement, shall be preserved by the
SELLER in its present condition until possession, ordinary wear and tear excepted. SELLER makes no warranties, express
or implied, as to the condition of the Property. Buyer accepts the Property in "AS IS" condition.
BUYER acknowledges that it has made a satisfactory inspection of the Property and is purchasing the Property
in its existing condition.
Page 1 of 3
8. ABSTRACT AND TITLE. SELLER shall not be required to obtain an abstract for the Property. SELLER
represents, however, that SELLER owns the Property and has merchantable title thereto in conformity with this agreement,
Iowa law and the title standards of the Iowa State Bar Association.
9. ENVIRONMENTAL MATTERS.
SELLER warrants to the best of its knowledge and belief that there am no abandoned wells, solid waste disposal
sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain
levels of radon, gas, asbestos or urea-formaldehyde foam insulation which require mmediation under current governmental
standards, and SELLER has done nothing to contaminate the Property with hazardous wastes or substances. SELLER
warrants that the Property is not subject to any local, state or federal judicial or administrative action, investigation or
order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground
storage tanks. SELLER shall also provide BUYERwith a properly executed groundwater hazard statement showing no wells,
solid waste disposal sites, hazardous waste and underground storage tanks on the Property unless disclosed here: NONE.
10. DEED. Upon payment of the Purchase Price, BUYER shall convey the Property to BUYER by Warranty
Deed, free and clear of all liens, restrictions, and encumbrances except as provided in th is agreement. General warranties
of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by BUYER.
1 1. USE OF PURCHASE PRICE. At the time of settlement, funds of the Purchase Price may be used to pay
taxes and other liens and to acquire outstanding interests~ if any, of others.
12. REMEDIES OF THE PARTIES.
A. If BUYER fails to timely perform this agreement, SELLER may forfeit it as provided in the Iowa Code
(Chapter 656), and ali payments made shall be forfeited; or, at SELLER'S option, upon 30 days written notice of intention
to accelerate the payment of the entire balance because of BUYER'S default (during which 30 days the default is not
corrected), SELLER may declare the entire balance immediately due and payable. Thereafter this agreement may be
foreclosed in equity and the court may appoint a receiver.
If SELLER fails to timely perform this agreement, BUYER has the right to have all payments made returned
C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at law or in equity,
available to them, and the prevailing party shall be entitled to obtain judgment for costs and attorney fees.
13. NOTICE. Any notice under this agreement shall be in writing and be deemed served when it is delivered
by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below.
14. GENERAL PROVISIONS. In the performance of each part of this agreement, time shall be of the essence.
Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or
subsequent default. This agreement shall apply to and bind the successors in interest of the parties. This agreement shall
survive the closing. This agreement contains the entire agreement of the parties and shall not be amended except by a
written instrument duly signed by SELLER and BUYER. Paragraph headings are for convenience of reference and shall not
limit or affect the meaning of this agreement. Words and phrases herein shall be construed as in the singular or plural
number, and as masculine, feminine or neuter gender according to the context.
15. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or
broker in connection with this transaction.
Page 2 of 3
16. ADDITIONAL PROVISIONS. (A) BUYER, at its expense, shall survey the Property and plat it, with the
cooperation of SELLER, at or prior to the Closing. Such survey shall produce a legal description in recordable form.
(B) This Agreement shall be subject to the approval of the City Council of the City of Dubuque, Iowa.
Accepted NOVEMBER ,2001.
THE CITY OF DUBUQUE, IOWA,
AN IOWA MUNICIPAL CORPORATION,
SELLER
By:.
Michael C. Van Milligen, Its City Manager
By:
/
Dated NOVEMBER 7,2001.
KEY CITY INVESTMENT CO., AN IOWA,
BUSINESS CORPORATION, BUYER
t~'~'Yiannias, Its President
Page 3 of 3
PLAT OF SURVEY
LOT 2A OF WESTVIEW SHOPPING CENTER PLACE NO. 2
IN THE CITY OF DUBUQUE, IOWA
BEING THE VACATED PART OF CONGRESS CIRCLE
RIGHT-OF-WAY WEST OF J, F, KENNEDY ROAD
IN THE CITY OF DUBUQUE, IOWA
~ ~ LOT 2
~D.~(~ WESTVtEW SHOPPING CENTER PLACE NO' 2
~ 4~. POINT OF BEGINNING~ Z
Z
o o S 89'35'06" W~'~,
,,.; 239.29'(239') "~ c~ ~ '-<
·
-¢-s cx,~c~ LOT 2A o
¢.O,.~O,c-t-° 11,976 SQ. FT. o~ o ~ 0
, ,..- N89'35'O6"E
~ L 239.29'(259.01') FOUND "X" CUT ~ '~
S 89'35'06' W SET PK NAIL 7;3
49.72'(50')
I LOT 1-2-1-2
WESTVIEW SHOPPING CENTER PLACE
LEGEND
-- PLAT BOUNDARY NORTH
PLASTIC CAP NO. 12651
· FOUND 1" IRON PiPE UNLESS NOTED GRAPHIC SCALE
0 SET 5/8" IRON ROD W/ 0 50 100
PLASTIC CAP NO. 12651
( ) RECORD INFORMATION
NO'rE DRAWING MAY HAVE BEEN REDUCED
THIS SURVEY IS SUBJECT TO EASEMENTS, COVENANTS,
SERVITUDES, RESERVA~ONS, RESTRICTIONS AND TOTAL AREA SURVEYED: 11,976 SQ. FT.
RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD.
SURVEYED FOR: NICK YIANNIAS PROPRIETOR: CITY OF DUBUQUE DATE OF SURVEY: SEPTEMBER 2001
......,
Robert L. Sudmeier ISBA # 000005432
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
(NONRESIDENTIAL)
TO: CITY OF DUBUQUE (Seller)
entirety of Congress Court right of way ~ its westerly most point east~ly to Kennedy Road fight of way line
together with any easements and aIrpurtenant se~vlent estates, but subject to any reasonable easements of recc,rd for public utilities or roads, any
zoning restriclions customa~ restrictive covenants and mineral reservations of record, if any, herein referred to as the "Proper ty," upon the following
terms and conditions p~ovided BUYEKS, on possession, are pemfittsd to use the Property ~r an automobile sales lot and other uses permitled trader
C-3 zoning
1. PURCHASE PRICE. The Purchase Price shall be $ 65,000 and the method ofpoyment shall be as follows: $500 with this offor, to be
depositod upon aeceptsace of this offer and held in trast by City of Dubuque as earaest money, to be delivered to the SELLER upon performance
of SELLER'S obligations and safisfoetion of B~ER8' contingencies, if any; and the balance of foe Parehase Price, as follows: Balance at dosing
2. SPECIAL ASSESSMENTS.
A_ SELLER shall pay in fifll at time ofelosing all speeial assessments which are a lien on the proporty as of the &re of acceptance
It. IF "A" is sh%kea, then SELLER shall pay at lime of clo~ng all installments of special assesanents which are a lien on the Prope~y
B. (/f"A" is shScken) Upon the filing of the rifle ~ documents and receipt of all funds due at dosing from BUYERS under the
5. FIXTUR2F~. Included with the Propo~y shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real
estate, whether attached or detached. Also included shall be tho following:
The following items shall aot ho included:
6. CONDITION OF PROPERTY. The propev~y as of the date of this Agreement, including buildings, grounds, and all improvements, will
he preserved by the SELLER in its present condition until possession, ordina~ wear and tsar exexptsd: SRI I ~K makes no waxrandes, expressed
or implied, as to the condition of the property.
A. BUYERS acknowledge that they have made a satisfactory inspeefioa of the Property a~d m pmhasing the Property ia its existing
mmiitio~.
B. Of "A" is stricken) Within days after the acceptance of this Agreement, BUYERS may, at their sole expeme,
21. ACCEPTANCE. When accepted, this Agreement shall become a binding contract.
Accepted
SELLER
Print Name CITY OF DUBUQUE
Dated la �g7/
BUYERS
6- ma
Print Name James G. Kalb
SS# SS#
Print Name
SS#
Address :
Telephone:
Print N
SS#
Address : 1 470 Eli M
Telephone: _551-0 _ 7r
C
rTh
0
CD
m
C)
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
(NONRESIDENTIAL)
TO: THE CiTY OF DUBUQUE, IOWA, AN IOWA MUNICIPAL CORPORATION ("SELLER")
The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real
property situated in the City of Dubuque, Iowa, and described as:
The "Property" consists of Congress Circle, a City street, as shown on the drawing attached hereto and
by this reference made a part hereof, consisting of approximately 12,000 feet, more or less [legal
description to be supplied later upon platting],
together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public
utilities or roads, any zoning restrictions, customary restrictive covenants, and mineral reservations of record, if any, herein
referred to as the "Property," upon the following terms and conditions provided BUYER, on possession, is permitted to
use the Property for commercial purposes.
1. PURCHASE PRICE. The Purchase Price shall be $35,750.00 and the method of payment shall be as
follows: $1,000.00 with this offer, to be deposited upon acceptance of this offer as earnest money, to be delivered to the
SELLER upon performance of SELLER'S obligations and satisfaction of BUYER'S contingencies, if any; and the balance of
the Purchase Price as follows:
The balance of the purchase price shall be paid in full at the Closing (defined below).
2. REAL ESTATE TAXES. SELLER shall pay real estate taxes, if any, prorated to the date of closing. BUYER
shall pay all subsequent real estate taxes.
3. SPECIAL ASSESSMENTS.
SELLER shall pay in full at time of closing all special assessments which are a lien on the Property as of the closing.
BUYER shall pay all other special assessments or installments not payable by SELLER.
4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the Property prior to
dosing or possession, whichever first occurs.
5. POSSESSION AN D CLOSING. If BUYER timely performs all obligations, possession of the Property shall
be delivered to BUYER on or before December 31,2001, subject to vacation of the City street, Congress Circle, by SELLER
(which shall be finalized not later than December 31,2001). This transaction shall be considered closed upon delivery
of the title transfer documents to BUYER and receipt of all funds then due at closing from BUYER under this agreement.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically
adapted to, or are a part of the Property, whether attached or detached.
7. CONDITION OF PROPERTY. The Property as of the date of this agreement, shall be preserved by the
SELLER in its present condition until possession, ordinary wear and tear excepted. SELLER makes no warranties, express
or implied, as to the condition of the Property. Buyer accepts the Proper~y in "AS iS" condition.
BUYER acknowledges that it has made a satisfactory inspection of the Property and is purchasing the Property
in its existing condition.
Page I of 3
8. ABSTRACT AND TITLE. SELLER shall not be required to obtain an abstract for the Property. SELLER
represents, however, that SELLER owns the Property and has merchantable title thereto in conformity with this agreement,
iowa law and the title standards of the Iowa State Bar Association.
9. ENVIRONMENTAL MATTERS.
SELLER warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal
sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain
levels of radon, gas, asbestos or urea-formaldehyde foam insulation which require remediation under current governmental
standards, and SELLER has done nothing to contaminate the Property with hazardous wastes or substances. SELLER
warrants that the Property is not subject to any local, state or federal judicial or administrative action, investigation or
order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground
storage tanks. SELLER shall also provide BUYERwith a properly executed groundwater hazard statement showing no wells,
sol id waste disposal sites, hazardous waste and underground storage tanks on the Property unless disclosed here: NONE.
10. DEED. Upon payment of the Purchase Price, BUYER shall convey the Property to BUYER by Warranty
Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this agreement. General warranties
of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by BUYER.
1 1. USE OF PURCHASE PRICE. At the time of settlement, funds of the Purchase Price may be used to pay
taxes and other liens and to acquire outstanding interests, if any, of others.
12. REMEDIES OF THE PARTIES.
A. If BUYER fails to timely perform this agreement, SELLER may forfeit it as provided in the Iowa Code
(Chapter 656), and all payments made shall be forfeited; or, at SELLER'S option, upon 30 days written notice of intention
to accelerate the payment of the entire balance because of BUYER'S default (during which 30 days the default is not
corrected), SELLER may declare the entire balance immediately due and payable. Thereafter this agreement may be
foreclosed in equity and the court may appoint a receiver.
to it.
If SELLER fails to timely perform this agreement, BUYER has the right to have all payments made returned
C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at law or in equity
available to them, and the prevailing party shall be entitled to obtain judgment for costs and attorney fees.
13. NOTICE. Any notice under this agreement shall be in writing and be deemed served when it is delivered
by personal delivery or mailed by certified mail, addressed to the patties at the addresses given below.
14. GENERAL PROVISIONS. In the performance of each part of this agreement, time shall be of the essence.
Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or
subsequent default. This agreement shah apply to and bind the successors in interest of the parties. This agreement shall
survive the closing. This agreement contains the entire agreement of the parties and shall not be amended except by a
written instrument duly signed by SELLER and BUYER. Paragraph headings are for convenience of reference and shall not
limit or affect the meaning of this agreement. Words and phrases herein shah be construed as in the singular or plural
number, and as masculine, feminine or neuter gender according to the context.
15. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or
broker in connection with this transaction.
Page 2 of 3
16. ADDITIONAL PROVISIONS. (A) BUYER, at ils expense, shall survey the Property and plat it, with the
cooperation of SELLER, at or prior to the Closing. Such survey shall produce a legal description in recordab[e form.
(B) This Agreement shall be subject to the approval of the City Council of the City of Dubuque, iowa.
Accepted NOVEMBER ,2001.
THE CiTY OF DUBUQUE, IOWA,
AN IOWA MUNICIPAL CORPORATION,
SELLER
By:. By:
Michael C. Van Milligen, Ils City Manager
Dated NOVEMBER /3 , 2001.
KEY CITY INVESTMENT CO., AN IOWA,
BUSINESS CORPORATION, BUYER
· f/ m.~.¥iannias, Its President
Page 3 of 3
PREPARED By: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (5657 556_2464
PLAT OF SURVEY
LOT 2A OF WESTVIEW SHOPPING CENTER PLACE NO. 2
IN THE CITY OF DUBUQUE, IOWA
BEING THE VACATED PART OF CONGRESS CIRCLE
RIGHT-OF-WAY WEST OF J. F. KENNEDY ROAD
IN THE CITY OF DUBUQUE, IOWA
I
om (,~ LOT 2/
0 o WESTVIEW SHOPPING CENTER PLACE NO. 2
' POINT OF BEGINNING~ Z
~o ~ S 89'55'06" W~--,! z zm
bo._ ~-
o~. I 259.29'(2-39')
'-' mL-'- c~,~c~ LOT 2A o~,
~ss .oo° o
11, 7 sQ. PT. . >
N 89'35'06"E
L
S 89'35'06" W SET PK NAIL
49.72'(50')
I LOT 1-2-1-2
WESTVIEW SHOPPING CENTER PLACE
LEGEND
~ PLAT BOUNDARY NORTH
FOUND 5/8" IRON ROD W/
· PLASTIC CAP NO. 12631
· FOUND 1" IRON PIPE UNLESS NOTED GRAPHIC SCALE
0 SET 5/8" IRON ROD W/ 0 BO 100
PLASllC CAP NO. 12631
NOTE DRAWING MAY HAVE BEEN REDUCED
..,,,'~ \ 0 W4 "zz..,,,. AND 3~E RE3~.3EO SrJRVEy ~3RK WAS PERFORMED BY ME OR UNDER UYil, Z. Ill SURVEYORS, P.C.
B' JOHN M, "-_ ~ FOR ]IW EN¢INECR$ ~O S~RV~yoR$, P.C. '~355 Per~ns>4vonlo Ave.
==r- ~ TRANMER _:- ~