Acquisition of 1947 Green Street_McClainMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 1947 Green Street Property Acquisition
DATE: June 11, 2013
Dubuque
kital
All- America City
II 111!
2012
The property at 1947 Green Street was built around 1952. The home was built over an
existing sanitary sewer and storm sewer. There are no records which document
whether the City knew about the presence of utilities under the site when the original
building permit was issued. In approximately 2008, the City discovered that the private
sanitary sewer lateral for the house was connected to the City's storm sewer. The City
contracted for the connection of the private sanitary lateral to the City's sanitary sewer
system. On March 8, 2013 there was a structure fire that led to the property being
demolished. Engineering recognized the property was going to be rebuilt and
determined that it would be in the best interest of the City to buy the property because
of the location of the sanitary and storm sewer pipe.
City Engineer Gus Psihoyos recommends City Council approval to extend an offer to
the property owners D. Ronald and Christine A. McClain to purchase the property at
1947 Green Street. The offer would include $64,000.00 purchase price for the lot, the
detached two story garage and foundation, $18,500.00 reimbursement for expenses
incurred in preparing to reconstruct the property and $1,000.00 for incidental expenses.
The $18,500.00 includes $15,000.00 already spent to demolish the house and prepare
the property for reconstruction and $3,500.00 for foundation work done due to
settlement. The cost for the disconnection of the lateral was $8,860.00 and would also
allow the City to assess a portion of the cost to reconstruct a sanitary manhole in which
the house connected to, which could be as much as an additional $10,000.00. This
pending assessment for connecting the sanitary sewer lateral at 1947 Green Street
from the storm sewer would be waived as part of the property acquisition. The total
cash value of the offer is $83,500.00 plus the waiving of the pending lateral
assessment.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligan
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Enginee
FROM: Gus Psihoyos, City Engineer
DATE: June 6, 2013
SUBJECT: 1947 Green Street Property Acquisition
Dubuque
All-America City
11 111
2012
INTRODUCTION
This is a request from the Engineering Department for authorization to acquire the
property at 1947 Green Street owned by D. Ronald and Christine A. McClain.
BACKGROUND
The property at 1947 Green Street was built around 1952. The home was built over an
existing sanitary sewer and storm sewer. There are no records which document
whether the City knew about the presence of utilities under the site when the original
building permit was issued. In approximately 2008, the City discovered that the private
sanitary sewer lateral for the house was connected to the City's storm sewer. The City
contracted for the connection of the private sanitary lateral to the City's sewer system.
On March 8, 2013 there was a structure fire that led to the property being demolished.
Engineering recognized the property was going to be rebuilt and determined that it
would be in the best interest of the City to buy the property because of the location of
the sanitary and storm sewer pipe.
DISCUSSION
The City's position is that the property owner cannot rebuild on the lot at 1947 Green
Street due to the location of both a sanitary and storm sewer underneath the lot.
Section 13 -2 -8 of the City Code prohibits any action that interferes with any part of the
sewage works. Reconstruction of the home would do just that. Reconstruction of the
home would also create a public nuisance under Section 6 -4 of the City Code as
building the structure over the two (2) sewers creates a health hazard, structural hazard,
and hazardous condition. If the either of the sewer lines or manholes located next to
the proposed home collapsed the City would be forced to evacuate and tear down the
reconstructed home to address the conditions created by the collapse. The City
considers the property to be a total loss from the fire and reconstruction of the home at
1947 Green Street is prohibited.
The City investigated the cost to reroute the sanitary sewer and storm sewer around the
property at 1947 Green Street.
Estimated cost to reroute the sanitary sewer:
Estimated cost to reroute the storm sewer:
Total estimated costs of rerouting the sewers:
$437,000.00
$195,000.00.
$632,000.00.
The cost of purchasing the property at 1947 Green Street is estimated at $83,500.00
plus the cost of the lateral. In addition the City will need to clear the site of the garage
and foundation, reconstruct the sanitary and storm manholes, level and landscape the
site. The cost for these tasks is estimated to be somewhere between $60,000.00 and
$75,000.00. The total of purchasing and demolishing the remaining structures on the
property is significantly Tess than rerouting the sewers.
BUDGET
Funding for the property acquisition at 1947 Green Street is proposed to be from Police
Patrol Iowa District Court Fines Revenue, of which $100,000.00 is uncommitted.
CONCLUSION
The City would like to extend an offer to the property owners D. Ronald and Christine A.
McClain to purchase the property at 1947 Green Street. The offer would include
$64,000.00 purchase price for the lot, the detached 2 story garage and foundation,
$18,500.00 reimbursement for expenses incurred in preparing to reconstruct the
property and $1,000.00 for incidental expenses. The $18,500.00 includes $15,000.00
already spent to demolish the house and prepare the property for reconstruction and
$3,500.00 for foundation work done due to settlement. The cost for the disconnection of
the lateral was $8,860.00 and would also allow the City to assess a portion of the cost
to reconstruct a sanitary manhole in which the house connected to, which could be as
much as an additional $10,000.00. This pending assessment for connecting the
sanitary sewer lateral at 1947 Green Street from the storm sewer would be waived as
part of the property acquisition. The total cash value of the offer is $83,500.00 plus the
waiving of the pending lateral assessment.
RECOMMENDATION
I recommend the City acquire the property at 1947 Green Street per the terms proposed
above.
cc: Barry Lindahl, City Attorney
Crenna Brumwell, Assistant
Jenny Larson, Budget Director
Deron Muehring, Civil Engineer
Denise Ihrig, Environmental Engineer
Ron Turner, PLS
Nate Kieffer, PLS
RESOLUTION NO. 181 -13
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED
BY D. RONALD AND CHRISTINE A. MCCLAIN IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire a property located at
1947 Green Street, in the City of Dubuque, Dubuque County, Iowa and
Whereas, a purchase agreement dated June 6, 2013 has been finalized
with the owner of the property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of
the following legally described property:
Lot 1 -1 McFarlane Place, in the City of Dubuque, Dubuque County, Iowa
At the cost of Eighty -three thousand five hundred and 00/100 Dollars ($83,500.00).
Section 2. That the City of Dubuque hereby waives the pending sanitary
sewer lateral assessment on the property.
Section 3. That the City of Dubuque be and is hereby authorized to
accept a Warranty deed from the owner, conveying the owner's interest to the
City of Dubuque, Iowa for the herein described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed
to cause said Warranty Deed to be recorded in the office of the Dubuque County
Recorder, together with certified copy of the Resolution.
Section 5. That the City Clerk be and is hereby directed to forward a
copy of this Resolution to the Dubuque County Assessor and the Dubuque
County Auditor.
Passed, approved and adopted this 17th day of Ju f , 2013.
Kevin Firnstah , CMG, City Clerk
0
Roy D. Buol, Mayor
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4381
Return document to: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: D. Ronald and Christine A. McClain, Sellers
SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer)
offers to buy real estate in Dubuque County, Iowa, described as follows:
Lot 1 of Lot 1 of McFarlane Place in the City of Dubuque, Iowa,
according to the recorded Plat thereof.
with any easements and appurtenant servient estates, but subject to the following: a. any
zoning and other ordinances; b. any covenants of record; c. any easements of record for
public utilities, roads and highways (the Real Estate).
SECTION 2. PRICE. The purchase price shall be $64,000 payable in cash at closing.
The closing shall be on or before June 30, 2013.
SECTION 3. REAL ESTATE TAXES. Seller shall pay all real estate taxes payable for
the fiscal year in which the closing takes place and prorated to the date of possession and
any unpaid real estate taxes for prior years. Buyer shall pay all subsequent real estate
taxes.
SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of the
Real Estate shall be delivered to Buyer on the date of closing, with any adjustments of
rent, insurance, and interest to be made as of the date of transfer of possession.
SECTION 5. 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.
SECTION 6. ABSTRACT AND TITLE. Buyer, at Buyer's expense, shall promptly
obtain an abstract of title to the Real Estate continued through the date of acceptance of
this offer, and examine said abstract. It shall show merchantable title in Seller in
conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar
Association. The abstract shall become the property of the Buyer when the purchase
price is paid in full.
SECTION 7. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 .c. Any general warranties of title
shall extend only to the time of acceptance of this offer, with special warranties as to acts
of Seller continuing up to time of delivery of the deed.
SECTION 8. TIME IS OF THE ESSENCE. Time is of the essence in this Contract.
SECTION 9. REMEDIES OF THE PARTIES.
9.1 If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty
days written notice of intention to accelerate the payment of the entire balance because of
such failure (during which thirty days such failure is not corrected) Seller may declare the
entire balance immediately due and payable. Thereafter this Contract may be foreclosed
in equity and the Court may appoint a receiver.
9.2 If Seller fails to timely perform this Contract, Buyer has the right to have all
payments made returned to it.
9.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
SECTION 10. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This
Contract shall apply to and bind the successors in interest of the parties.
SECTION 11. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or
before June 7, 2013, it shall become void and all payments shall be repaid to the Buyer.
SECTION 12. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder
immediately preceding acceptance of this offer, executes this Contract only for the
purpose of relinquishing all rights of dower, homestead and distributive shares or in
compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real
estate Contract for this purpose.
SECTION 13. RIGHTS OF INSPECTION, TESTING AND REVIEW.
13.1. Buyer, its counsel, accountants, agents and other representatives, shall have full
and continuing access to the Real Estate and all parts thereof, upon reasonable notice
to Seller. Buyer and its agents and representatives shall also have the right to enter
upon the Real Estate at any time after the execution and delivery hereof for any
purpose whatsoever, including inspecting, surveying, engineering, test boring,
performance of environmental tests and such other work as Buyer shall consider
appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller
against any damage, claim, liability or cause of action arising from or caused by the
actions of Buyer, its agents, or representatives upon the Real Estate (except for any
damage, claim, liability or cause of action arising from conditions existing prior to any
such entry upon the Real Estate), and shall have the further right to make such inquiries
of governmental agencies and utility companies, etc. and to make such feasibility
studies and analyses as it considers appropriate.
2
13.2. Seller warrants to the best of its knowledge and belief that there are no wells,
solid waste disposal sites, hazardous wastes or substances, underground storage tanks
or burial sites located on the Real Estate, except as set out below. Seller further
warrants that with the exception of a former petroleum underground storage tank
release(s), Seller has done nothing to contaminate or allow the contamination of the
Real Estate and has no knowledge of any contamination other than that from the former
petroleum underground storage tank release(s). Seller warrants that the Real Estate is
not subject to any local, state, or federal judicial or administrative action, investigation or
order regarding its environmental condition or environmental compliance, except as
may arise from the former petroleum underground storage tank release(s). Seller shall
provide Buyer with a properly executed Groundwater Hazard Statement showing no
wells, solid waste disposal sites, hazardous wastes, underground storage tanks and
private burial sites on the Real Estate, with the exception of a former petroleum
underground storage tank release(s), which shall be considered a warranty and
representation by Seller to Buyer.
SECTION 14. VIOLATIONS OF REGULATIONS. Seller warrants that there are no
notices, orders, suits, judgments or other proceedings relating to fire, building, zoning,
air pollution, health violations or other matters that have not been corrected. Seller has
notified Buyer in writing of any past notices, orders, suits, judgments or other
proceedings relating to fire, building, zoning, air pollution or health violations as they
relate to the Real Estate of which it has actual notice;
SECTION 15. ENCUMBRANCES. Seller warrants that the Real Estate will as of the
date of closing be free and clear of all liens, security interests, and encumbrances;
SECTION 16. UNDERGROUND STORAGE TANKS. Seller warrants and represents
that there are no underground storage tanks or piping on or in the Real Estate and that
all such tanks and piping have been removed according to applicable state regulations.
SECTION 17. TENANTS. The Property is free and clear of any occupants, and no
party has a lease to or other occupancy or contract right in the Property which shall in
anyway be binding upon the Property.
SECTION 18. RELEASE. As a part of the consideration for this Agreement, Seller
hereby releases and forever discharges the City of Dubuque, Iowa, and its agents,
officers and employees, and all other persons, firms or corporations liable or who might
be claimed to be liable, none of whom admit any liability to Seller, but all expressly deny
any liability from any and all claims, demands, damages, actions, causes of action or
suits of any kind or nature whatsoever, and particularly on account of all injuries, known
and unknown, both to person or property, which have resulted or may in the future
develop arising from an relating to the City's issuance of a building permit and
subsequent stop work order due to the location and use of the sanitary and storm
sewers underneath the property. Seller further agrees to defend, indemnify, and hold
the City of Dubuque, Iowa, and its agents, officers and employees, and all other
persons, firms or corporations liable or who might be claimed to be liable, from and
3
against any and all claims of any kind related to or arising out of the City's issuance of a
building permit and subsequent stop work order due to the location and use of the
sanitary and storm sewers underneath the property.
Seller declares that the terms of this Release have been completely read and are fully
understood and voluntarily accepted for the purpose of making a full and final
settlement of any and all claims, disputed or otherwise, on account of the injuries and /or
damages above mentioned.
The terms of this Release shall in all respects survive the closing.
SECTION 19. OTHER PROVISIONS.
19.1 This Offer is subject to the approval of the City Council of the City of Dubuque,
Iowa, by not later than June 17, 2013.
19.2 Additional amounts payable to Sellers at closing include:
a) Reimbursement of $18,500 for expenses incurred for demolition, land - filling and
foundation work completed after March 8, 2013 through issuance of the stop
work order by the Building Services Department;
b) Allowance for incidental expenses of $1,000; and
c) In no event will a total payout to Sellers, including the property purchase price,
exceed $83,500.00
19.3 The City of Dubuque will waive costs incurred which are pending assessment to
the Sellers related to the property in an amount up to $18,860
19.4 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation
and Purchase of Property at the time of closing.
Dated: 6/17/13
CITY OF DU : UQUE,�IOWA
By:
-City Manager
Roy D. Buolf
Mayor
4
Dated: 6(6/0
D. RONALD MCCLAIN
C
71;.
CHRIISTINE A. MCCLAIN
a 4_&_.„-
THE CITY OF
DUB
Masterpiece on the Mississippi
1947 Green Street
Utility Locates
DAGIS
DUBUQUE AREA C.aGRAPHIC INFCaMATION
DISCLAIMER: This Information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County . It Is understood that, while
the CIty of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held cable for any direct, Indirect, Incidental,
usequential, punitive, or special damages, whether foreseeable or
nforeseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
30
1 inch = 30 feet
15
0
30 Feet
N
W E
S
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
pIUVIINIVI1111IhMIY11MII111IIVNIVIIYflIN
Doc ID• 007755350003 Type: GEN
Kind DEED WITH RESOLUTION
Recorded: 07/23/2013 at 01:40:52 PM
Fee Amt: $123.60 Page 1 of 3
Revenue Tax: $101.60
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
File2013- 00012342
()THE IOWA STATE BAR ASSOCIATION I Crenna M. Brumwell I FOR THE LEGAL EFFECT OF THE USE OF
Official Form No. 101 - May 2006 THIS FORM, CONSULT YOUR LAWYER
Return To: Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque, Iowa 52001
Preparer: Crenna M. Brumwell 300 Main Street. Suite 330 Dubuque, Iowa 52001 (563) 589 -4381
Taxpayer: City of Dubuque, Iowa 50 West 13th Street Dubuque, Iowa 52001
st'T4
OP
WARRANTY DEED
�sSOCIA't %ci
For the consideration of one Dollar(s) and other valuable consideration,
D. Ronald McClain and Christine A. McClain, husband and wife
do hereby
Convey to City of Dubuque, Iowa
the
following described real estate in Dubuque County, Iowa:
Lot 1 of Lot 1 of McFarlane Place in the City of Dubuque, Iowa, according to the recorded plat thereof
Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real
estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the
real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors
Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above
stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and
to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
ated: - /y- /3
/7J
D. �/ ����,� )
ec-c.,
D. Ronald McClain (Grantor) Christine A. McClain (Grantor)
STATE OF IOWA , COUNTY OF Dubuque
This instrument was acknowledged before me on 1.-- I $" 13 , by D. Ronald
McClain and Christine A. McClain, husband and wife .
, Notary Public
• �. C ENNA 3EWAiW LL SAHM
r ; Cciralsblon N abet 7.401
,�I 3^15
SON• � ;. 7 '
Hy Comm Exp
(This form of acknowledgment for individual grantor(s) only)
RESOLUTION NO. 181 -13
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED
BY D. RONALD AND CHRISTINE A. MCCLAIN IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire a property located at
1947 Green Street, in the City of Dubuque, Dubuque County, Iowa and
Whereas, a purchase agreement dated June 6, 2013 has been finalized
with•the owner of the property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of
the following legally described property:
Lot 1 -1 McFarlane Place, in the City of Dubuque, Dubuque County, Iowa
At the cost of Eighty -three thousand five hundred and 00/100 Dollars ($83,500.00).
Section 2. That the City of Dubuque hereby waives the pending sanitary
sewer lateral assessment on the property.
Section 3. That the City of Dubuque be and is hereby authorized to
accept a Warranty deed from the owner, conveying the owner's interest to the
City of Dubuque, Iowa for the herein described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed
to cause said Warranty Deed to be recorded in the office of the Dubuque County
Recorder, together with certified copy of the Resolution.
Section 5. That the City Clerk be and is hereby directed to forward a
copy of this Resolution to the Dubuque County Assessor and the Dubuque
County Auditor.
Passed, approved and adopted this 17th day of Ju f , 2013.
Kevin . Firnstah , CMC, City Clerk
0 4,
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 181 -13 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 19th day of June, 2013.
,.ieaiJJJII1,.•F
(SEAL);:';;,`` < �"
a? k r
o Jt1 a (----'
,, •S
y d- ' °b y, a t
Kevi S. Firnstahl, CMC, 'pity Clerk
Doc ID: 007755360002 Type: HIIIIII
Kind: GROUNDWATER HAZARD
ype' GW
Recorded: 07/23/2013 at 01:41:04 PM
Fee Amt: $0.00 Pape 1 of 2
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2013- 0000252
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name D. Ronald McClain and Christine A. McClain
Address 136 Julien Dubuque Drive Dubuque Iowa 52003
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name City of Dubuque, Iowa
Address 50 West 13th Street Dubuque Iowa 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
1947 Green Street Dubuque Iowa 52001
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) Lot 1 of Lot 1 of McFarlane Place in the City of
Dubuque, Iowa, according to the recorded plat thereof
1. Wells (check one)
_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)
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)
K 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)
'✓t-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)
ao��- IaaLa
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)
X All buildings on this property are served by a public or semi - public sewage disposal system.
_ This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
_ There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
_ There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
_ There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
_ This property is exempt from the private sewage disposal inspection requirerrlents 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 THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature: 44,C C
(Transferor or Agent)
Telephone No.: 5142
FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012)
I 0h:
u 11
I11 ....,. -..
lIIIIr110 11 11111 1 1111 1 1111 1 11 1 1u
Doc ID: 007755350003 Type: GEN
Recorded: 07/23/2013 at 01 :40 :52 PM
Fee Amt: $123.60 Page 1 of 3
Revenue Tax: $101.60
Dubuque County. Iowa
Kathy Flynn Thurlow Recorder
F1102013- 00012342
REAL ESTATE TRANSFER - DECLARATION OF VALUE'
Please read the instructions on the reverse side BEFORE completing and filing this form.
Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT
D Ronald McClain and Christine A. McClain
SELLER: SSN or FEIN: (rpo ?‘-'67 A
Seller Address: 136 Julien [Dubuque Drive Dubuque Iowa 52003 e- mail /phone g % ' <' ��
BUYER: City of Dubuque, Iowa SSN or FEIN
50 West 13th Street Dubuque Iowa 52001
Buyer Address: e-mail/phone:
Address of Property Conveyed 1947 Green Street Dubuque Iota 52001
42- 6004596
(563) 589- 4110,
Date of Instrument•
• E Deed _1 ❑ Contract _ 2 A
Legal Description: Lot 1 of Lot 1 of McFarlane Place in the City. of Dubuque, Iowa, according to the recorded plat thereof
Type of Sale (check all that apply): ❑ Fulfillment of prior year(s) contract IN Sale to /by Exempt Organization ❑ Auction Sale
❑ Corporate merger or reorganization ❑ Purchase of adjoining land ❑ Transfer of partial interest ❑ Quit Claim Deed
Sale between family members or related parties ❑ Foreclosure, forfeitures, or transfers arising from default; forced sale
Was this a sale of AG LAND to ❑ Corporation ❑ Trust ❑ Alien ❑ Non - Resident Alien ❑ Limited Partnership A
DECLARATION OF VALUE STATEMENT
1. Total Amount Paid $ 64.000.00
2. Amount Paid for Personal Property (see instructions) $
3. Amount Paid for Real Property Only (1 minus 2) $ 64,000.00 -
Contract Sale Information: Down Payment $ Interest Rate % Monthly Payment $
Length of Contract years Balloon Payment Date (if applicable)
I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN,PART I OF THIS FORM IS TRUE AND CORRECT AS
DETAILED ON THE BACK OF THIS FORM. Printed Name' '�` ICdvLF1� O /�1 C C L /) r Phone #.
t/ 1 C
0( c ■"' 114- � ��
Buyer or eller or ❑ Agent or ❑ Attorney
Signature
PART II TO BE COMPLETED BY THE ASSESSOR
Classification of P,ro rt : I� Res _4_ ❑ Com _5_ ❑ Ind _2 ❑ Ag _1_ ♦ Deeded Acres: '
OCC I ♦ TLA/GBA Tax District C�y
Prima Parcel Number
Primary "� • ( attach list of additional parcels)
Full Assessed Value
January 1 of Year of Sale
Land
x.
Building
Dwelling
Total
S‘Ct°
sglac,
(1i73►b
Good for study? b Yes 1': No NUTC C =♦ If No, give reason. I'-.P TC l \
Effective Date of Form 09/30/12
Iowa Department of Revenue
ISBA 57006a (03/23/12)
Masterpiece on the Mississippi
CRENNA M. BRUMWELL,
ASSISTANT CITY ATTORNEY
MEMORANDUM
To:
Kevin Firnstahl
City Clerk
DATE: July 19, 2013
RE: McClain Property Acquisition
Kevin:
Attached for recording are the following McClain closing documents:
City of Dubuque check no. 398154 for $101.60 payable to the Dubuque County
Recorder;
Resolution No. 181 -13 Accepting Deed;
Warranty Deed;
eclaration of Value; ,1 / 554 4
Groundwater Hazard Statement;
6. Copy of Closing Checklist and Closing Statement.
I will forward the original Closing Statement to Finance Director Ken TeKippe for his file.
Thank you.
BAL:tls
Attachment
cc: Ken TeKippe, Finance Director
F: \USERS \Cbrumwel \McClain, Ron and Christine (1947 Green Street) \Firnstahl_ ClosingDocsForRecording _071913.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org
CLOSING CHECKLIST
CITY OF DUBUQUE, IOWA,
AND
D. RONALD & CHRISTINE MCCLAIN
July 18, 2013
300 Main Street Suite 330
Dubuque IA 52001
Lot 1 of Lot 1 of McFarlane Place in the City of Dubuque, Iowa,
according to the recorded plat thereof
1. Abstract brought up to date and delivered
for review prior to Closing City
2. Deed Recording Fee City
5. Declaration of Value City
6. Groundwater Hazard Statement City
7. W -9 McClain
8. Gross Purchase Price $64,000.00 City
9. Real Estate Transfer Tax $101.60 McClain
10. Taxes $2,008.39 McClain
11. Mortgage Payoff to Access Title Company $70,000.00 City
Issued & Delivered July 5, 2013
12. Remaining Payout to McClains $11,390.01 City
13. Closing Statement City /McClain
CLOSING STATEMENT
BUYER: City of Dubuque
SELLER: D. Ronald & Christine McClain
PROPERTY 1947 Green Street, Dubuque, IA 52001
DATE: July 18, 2013
LEGAL DESCRIPTION: Lot 1 of Lot 1 of McFarlane Place in the City of Dubuque,
Iowa, according to the recorded plat thereof
Property Purchase Price $64,000.00
Deductions for Payments Due from Seller
Real Estate Taxes $2,008.39
Real Estate Taxes. FY12 -13 ($1,914.00)
Prorated Real Estate Taxes, 1st half FY13 -14 through 07/18/13 ($94.39)
Real Estate Transfer Taxes $101.60
Total from Buyer at Closing: $61,890.01
Other Payments from Buyer to Seller at Closing:
1) Reimbursement of expenses incurred for demolition,
land- filling and foundation work completed after
March 8, 2013 through stop work order by City: $18,500.00
2) Incidental expenses: $1,000.00
Total Other Payments from Buyer to Seller at Closing: $19,500.00
Total Payment to Buyers: $83,500.00
Buyer will provide the following checks at closing:
1) Check payable to Access Title Company $70,000.00
(Already provided, copy to be available at closing)
2) Check payable to D. Ronald McClain & Christine A. McClain $11,390.01
(Purchase price minus deductions for Mortgage
Payoff, prorated property taxes & real estate transfer tax)
3) Check payable to Dubuque County Recorder $101.60
(real estate transfer tax)
Buyer has paid abstracting fees
Buyer will pay recording fees
Net Purchase Price Due to Sellers at Closing $11,390.01
I have reviewed the Closing Statement and agree to the above disbursements.
D. RONALD MCCLAIN CHRISTINE A. MCCLAIN
By N
Date
Gza\ctoeA Raoce9_
7/icr/i
CITY OF DUBUQUE
By:
Date: Ill S 3
By: GALL C < `' (f
Y �-
Date: % � //r