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Sale of 1069 Vernon Street_Norton_Hearing Copyright 2014 City of Dubuque Public Hearings # 5. ITEM TITLE: Sale of 1069 Vernon Street SUMMARY: Proof of publication on notice of public hearing to consider approval of the sale of City-owned property at 1069 Vernon Street to Craig Norton. RESOLUTION Disposing of City interest in real property located at 1069 Vernon Street in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type 1069 Vernon Street Sale-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contract for Sale of Property at 1069 Vernon Street DATE: January 12, 2017 Through Court action, the City of Dubuque took ownership of 1069 Vernon Street, which was a dilapidated vacant/abandoned property that has been a nuisance for the neighborhood for many years. There was extensive structural damage to the property and it was determined that the structure would not be a good candidate for rehabilitation. The property was offered for sale to the adjoining neighbors and Craig Norton was the only neighbor interested in the property. Housing and Community Development Department Director Alvin Nash recommends the City Council approve the sale of 1069 Vernon Street to Craig Norton for $5,000. Mr. Norton will be responsible for the cost of demolition of the structure on the property and will allow a 21-year single family owner-occupied restrictive covenant to be placed on the property and combine the parcel with his own parcel at 1053 Vernon. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM Jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing and Community Development Department Director THE CITY OF Dubuque AII11-America CiI.ty UB E1 Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Contract for Sale of Property at 1069 Vernon Street DATE: January 11, 2017 Introduction The purpose of this memorandum is to request approval of the attached Contract for Sale of the property located at 1069 Vernon Street to Craig D. Norton, who currently owns and occupies the property located at 1053 Vernon. Background The City of Dubuque took possession of 1069 Vernon Street in June 2016 through Court Order by filing for Petition for Title. Upon taking possession, the Housing staff performed an interior inspection. The inspection revealed a roof leak that has done extensive structural damage, an improper addition to the rear of the structure and the deteriorated condition of the foundation. It was determined by staff that the structure would not be a good candidate for rehabilitation. The best solution was to offer the property to the adjoining neighbors. Mr. Norton is the only neighbor interested in the property and has made an offer to purchase the property for $5,000.00 in lieu of ownership of the property. Discussion As part of the transaction Mr. Norton will incur the cost of demolition of the structure, allow a 21-year single family owner-occupied restrictive covenant to be placed on the property and combine the parcel with his own parcel. The City of Dubuque will place the Restrictive 21-year Covenant to the parcel before deeding the property to Mr. Norton. The real estate will be restricted for residential use of no more than one single-family owner-occupied property. Rental of the real estate is not allowed. Currently Mr. Norton is uncertain of the future use for the lot. He may leave it vacant for green space or build a garage. Action Step The action requested of the City Council is to approve the attached resolution and Contract for Sale of the property to Craig D. Norton in accordance with the above discussion and attached Agreement. Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 31-17 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1069 VERNON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 14 -17, dated the 3rd day of January, 2017, declared its intent to dispose of City interest in real property located at 1069 Vernon Street, legally described as: Lot 38 in Leven's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 17th day of January, 2017 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 Real Estate Contract and subsequent Special Warranty Deed for the sale to Craig D. Norton according to the terms and conditions set out in the Real Estate Contract 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 Real Estate Contract by and between the City of Dubuque and Craig D. Norton for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Craig D. Norton. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract 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 Craig D. Norton. Section 5. 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 17th day of January, 2017. Kevin J. Lynch, Mayor Pro -Tem Attest: Kevin'`;: Firnstahl, City Jerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: January 06, 2017, and for which the charge is $48.89. Subscribed to before m- a Notary Public in and for Dubuque County, Iowa, this //,4 day of , 20 /7 . 0 Notary Public in and for Dubuque County, Iowa. Corrrai,,,�n i CITY OF DUBUQUE, IOWA OFFICIAL NOTICE • PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa,' will hold a public hearing on the 17th day of Jan- uary, 2017 at 6:00 rp.m. In the Historic Federal Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City Council proposes ' to • dispose of an 'interest in the following descri- bed real property by sale to Craig D. Norton: Lot 38 in Leven's Addi- tion Subdivision in the City of Dubuque, Iowa, according to the United States Commissioners Map thereof. (Locally known as 1069 Vernon Street) ' At the meeting, the City Council will re- ceive oral and Written comments ,frorri, any reSident: 91:Orbpprty bwhrof:saktCtyy to the above acticin,Wilt- tea comment.: regard- ing the above public hearing' maY , be sub- mitted to the City Clerk's Office, City Hall,: 50 W. :13th Street, on or before said time of public hearing. ' Copies of supporting documents for thepub- lic hearings are on file in the City. Clerk's Of- fice, and may', be viewed during nOrmal working hours." Any visual or hearinb impaired -;person • needing .Special aSsiS7 tanceor persons with special ' accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY 563) 690-6678 at least 48 hours prior to the meeting. Dated this 6th day of January, 2017: Kevin S. Firnstahl, CMC, City Clerk RESOLUTION .N0:14-17 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) is the owner' of 1069 Ver- non Street and Parcel Number • 1023477014 (the Properties) legally described as: LOT 38 in Leven's Ad- dition WHEREAS, City ac- quired the Property for the. purpose of elimi- nating slum and blight. The City will require demolition of the di- lapldated structure' by the buyer for convey- ance of both the dere- lict property and a city owned parcel that ad- ' joins the buyer's pri- vate residence. WHEREAS, City and Buyer entered into an Agreement pursuant to which City will convey the Properties to Craig D. Norton for'dernoll- tion of structUre at 1069 Vernon Street; and WHEREAS, conveying the Property to Craig D. Norton is consistent with the CitY's intent of elimination of slum and ,blight; and WHEREAS, City de- ' sires to hold the re- quired public hearing I and conveyance of the Property to Craig D. Norton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the fol- lowing legally descri- bed property: Lot 38 in Leven's Addi- tion Subdivision in the City of Dubuque, lovva, according to the United States Commissioners Map thereof. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Prop- erties to Buyer for the sum of five thousand dollars ($5000.00). Section 3. That the City Clerk is hereby au- ' thorized and directed to cause this Resolu- tion and a notice to be , published as prescri- bed by Iowa Code Sec- tion 364.7 of a public hearing on the City's ' intent to dispose of the I Property to be held on the 17th day of Janu- ary, 2017 at 6:00 o'clock p.m. at the His- toric Federal Building,' 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 2017. • • Roy D. Buol, Mayor ;Attest: Trish L. Gleason, Assistant City Clerk 1t, 1/6 Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 RESTRICTIVE COVENANTS FOR RESIDENTIAL REAL ESTATE KNOW ALL PERSONS BY THERE PRESENT that the City of Dubuque, Iowa (City), the owner of the following premises situated in the City of Dubuque, Iowa: Lot 38 in Leven's Addition in the City of Dubuque, according to the recorded Plat of said Addition (Real Estate) does hereby establish and place the following restrictive covenants on the Real Estate: 1. The Real Estate shall be known and described as residential Real Estate, and shall not be improved, used or occupied for other than one (1) private single-family residential use. The Real Estate and any part thereof must be owner occupied. Rental of the Real Estate is not allowed. No portion of the Real Estate can be rented as an apartment. 2. The City has the right to enforce, by any proceedings in law or in equity, all restrictions, conditions and covenants now or hereafter imposed by the provisions of these restrictive covenants. 3. These covenants shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants. The property owner has the right to renew these covenants for successive twenty-one (21) year periods. 4. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 5. The waiver of any violation or failure to enforce any such restrictions, easements, and covenants shall not in any event operate as a waiver, impairment or abrogation of same, or the right to enforce the same in the event of any future or other breach of the same of any other restriction, easement, rule or covenant, by the same or any other person. 6. These restrictions, easements, rules and covenants shall be construed under and in accordance with the laws of the State of Iowa. The foregoing provisions encumber the Real Estate described as: Lot 38 in Levin's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition Executed by the respective signatories effective the date first above written. CITY OF DUBUQUE, IOWA By: Kevin J. Lyric ,"Mayor Pro Tem ATTEST: / Kevi Firnstahl, City Clerk OWNER By. By: On this 23 day of (3cA►°1 , 2017, before me, a Notary Public in and for said state, personally appeared Kevih J. Lynch and Kevin Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. PAMELA J. MCCARRON9 Commission dumber 772419 My Comm. Exp. 4 -c:3-2.0(K (411‘,11.., COA-011-3 Notary Public ird e State of Iowa My Commission expiresLV-S-2-01g On thisow day of , 2017, before me, a Notary Public in and for said state personally appeared Craig D. Norton known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. Notary Public in tl tate of Iowa My Commission expires )-ao?-oofD 2 III IIDIII ‚ID'' 1111 i IH 11 Doc ID 008606850013 Type. GEN Kind CONTRACT Recorded: 03/17/2017 at 03:41:28 PM Fee Amt: $82.00 Page 1 of 13 Dubuque County Iowa John Murphy Recorder Fiie201 / —00003024 REAL ESTATE CONTRACT INSTALLMENTS THE IOWA STATE BAR ASSOCIATION Official Form No. 142 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) Craig D. Norton, 1053 Vernon Street, Dubuque, IA 52001 Return Document To: (Name and complete address) Craig D. Norton, 1053 Vernon Street, Dubuque, IA 52001 Grantors: City of Dubuque, Iowa Kevin J. Lynch, Mayor Pro Tem Grantees: Craig D. Norton Legal description: See Page 2 Document or instrument number of previously recorded documents: 0 The Iowa State Bar Association 2016 IOWADOCS® 0407 ©0 5 00 0,00 C C.ek. • REAL ESTATE CONTRACT INSTALLMENTS IT IS AGREED on , fittsl 11{t'a a3, c L l , by and between City of Dubuque, Iowa, a municipal corporation of the County Dubuque State of Iowa, Sellers; and Craig D. Norton of the County Dubuque State of Iowa, Buyers; That the Sellers, as in this contract provided, agree to sell to the Buyers, and the Buyers in consideration of the premises, hereby agree with the Sellers to purchase the following described real estate situated in the County Dubuque State of Iowa, to -wit: Lot 38 in Leven's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof known locally as 1069 Vernon Street, Dubuque, IA 52001 together with any easements and servient estates appurtenant thereto, but with such reservations and exceptions of title as may be below stated, and certain personal property if and as may be herein described or if and as an itemized list is attached hereto and marked Exhibit A" all upon the terms and conditions following: 1. TOTAL PURCHASE PRICE. The Buyers agree to pay for said property the total of $5,000.00 due and payable at 50 West 13th Street, Dubuque, IA 52001 Dubuque County, Iowa, as follows: a) DOWN PAYMENT of $0.00 RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED: and b) BALANCE OF PURCHASE PRICE. $ 5,000.00 as follows: at closing which shall occur on or before June 30, 2017 as agreed upon by the parties. 2. POSSESSION. Buyers, concurrently with due performance on their part shall be entitled to possession of said premises on June 30, 2017 ; and thereafter so long as they shall perform the obligation of this contract. If Buyers are taking subject to the rights of lessees and are entitled to rentals therefrom on and after date of possession. so indicate by 'yes' in the space following: NO . © The Iowa State Bar Association 2016 Form No. 142, Real Estate Contract Installments IowaDocsOO Revised March 2016 3. TAXES. Sellers shall pay: None. and any unpaid taxes thereon payable in prior years. Buyers shall pay any taxes not assumed by Sellers and all subsequent taxes before same become delinquent. Whoever may be responsible for the payment of said taxes, and the special assessments, if any, each year, shall furnish to the other parties evidence of payment of such items not later than July 15 of each year. Any proration of taxes shall be based upon the taxes for the year currently payable unless, the parties state otherwise. (Decide, for yourself, if that formula is fair if Buyers are purchasing a lot with newly built improvements). 4. SPECIAL ASSESSMENTS. Sellers shall pay the special assessments against this property: a) —Which, if not paid, in the ycc , would become delinquent and all a;sessments payable prior thereto. b) Which are a lien thereon as of June 30, 2017 . (Date) c) Including all sewage disposal assessments for overage charge heretofore assessed by any municipality having jurisdiction as of date of possession. Buyers, except as above stated, shall pay all subsequent special assessments and charges, before they become delinquent. 5. MORTGAGE. Any mortgage or encumbrance of a similar nature against the said property shall be timely paid by Sellers so as not to prejudice the Buyers' equity herein. Should Sellers fail to pay, Buyers may pay any such sums in default and shall receive credit on this contract for such sums so paid. MORTGAGE BY SELLERS. Sellers, their successors in interest or assigns may, and hereby reserve the right to at any time mortgage their right, title or interest in such premises or to renew or extend any existing mortgage for any amount not exceeding NA % of the then unpaid balance of the purchase price herein provided. The interest rate and amortization thereof shall be no more onerous than the installment requirements of this contract. Buyers hereby expressly consent to such a mortgage and agree to execute and deliver all necessary papers to aid Sellers in securing such a mortgage which shall be prior and paramount to any of Buyers' then rights in said property. DEED FOR BUYERS SUBJECT TO MORTGAGE. If Buyers have reduced the balance of this contract to the amount of any existing mortgage balance on said premises, they may at their option, assume and agree to pay said mortgage according to its terms, and subject to such mortgage shall receive a deed to said premises or Sellers, at their option, any time before Buyers have made such a mortgage commitment, may reduce or pay off such mortgage. ALLOCATED PAYMENTS. Buyers, in the event of acquiring this property from an equity holder instead of a holder of the fee title, or in the event of a mortgage against said premises, reserve the right, if reasonably necessary for their protection to divide or allocate the payments to the interested parties as their interests may appear. SELLERS AS TRUSTEES. Sellers agree that they will collect no money hereunder in excess of the amount of the unpaid balance under the terms of this contract less the total amount of the encumbrance on the interest of Sellers or their assigns in said real estate and if Sellers shall hereafter collect or receive any moneys hereunder beyond such amount, they shall be considered and held as collecting and receiving said money as the agent and trustee of the Buyers for the use and benefit of the Buyers. © The Iowa State Bar Association 2016 Form No. 142, Real Estate Contract Installments IowaDocs® 2 Revised March 2016 6. INSURANCE. Except as may be otherwise included in the last sentence of paragraph 1 (b) above, Buyers on and from said date of possession, shall constantly keep in force insurance, premiums therefore to be prepaid by Buyers (without notice or demand) against loss by fire, tornado and other hazards, casualties and contingencies as Sellers may reasonably require on all buildings and improvements, now on or hereafter placed on said premises and any personal property which may be the subject of this contract, in companies to be reasonably approved by Sellers in an amount not less than the full insurable value of such improvements and personal property or not less than the unpaid purchase price herein whichever amount is smaller with such insurance payable to Sellers and Buyers as their interests may appear. Sellers' interest shall be protected in accordance with a standard or union -type loss payable clause. BUYERS SHALL PROMPTLY DEPOSIT SUCH POLICY WITH PROPER RIDERS WITH SELLERS for the further security for the payment of the sums herein mentioned. In the event of any such casualty loss, the insurance proceeds may be used under the supervision of the Sellers to replace or repair the loss If the proceeds be adequate; if not, then some other reasonable application of such funds shall be made; but in any event such proceeds shall stand as security for the payment of the obligations herein. 7. CARE OF PROPERTY. Buyers shall take good care of this property; shall keep the buildings and other improvements now or hereafter placed on the said premises in good and reasonable repair and shall not injure, destroy or remove the same during the life of this contract. Buyers shall not make any material alteration in said premises without the written consent of the Sellers. Buyers shall not use or permit said premises to be used for any illegal purpose. 8. LIENS. No mechanics' lien shall be imposed upon or foreclosed against the real estate described herein. 9. ADVANCEMENT BY SELLERS. If Buyers fail to pay such taxes, special assessments and insurance and effect necessary repairs, as above agreed, Sellers may, but need not, pay such taxes, special assessments, insurance and make necessary repairs, and all sums so advanced shall be due and payable on demand or such sums so advanced may, at the election of Sellers, be added to the principal amount due hereunder and so secured. (For Buyers' rights to make advancements, see paragraph 5 above.) 10. JOINT TENANCY IN PROCEEDS AND SECURITY RIGHTS IN REAL ESTATE. If and only if, the Sellers immediately preceding this sale, hold the title to the above described property in joint tenancy, and such joint tenancy has not later been destroyed by operation of law or by acts of the Sellers, this sale shall not constitute such destruction and the proceeds of this contract, and any continuing and/or recaptured rights of Sellers in said real estate, shall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants in common; and Buyers, in the event of the death of one of such joint tenants, agree to pay any balance of the proceeds of this contract to the surviving Seller (or Sellers) and to accept deed solely from him or them consistent with paragraph 14 below unless and except this paragraph is stricken from the agreement. 11. SELLERS. Spouse, if not titleholder immediately preceding this sale, shall be presumed to have executed this Instrument only for the purpose of relinquishing all rights of dower, homestead and distributive share and/or in compliance with section 561.13 Code of Iowa; and the use of the word "Sellers" in the printed portion of this contract, without more, shall not rebut such presumption, nor in any way enlarge or extend the previous interest of such Spouse in said property, or in the sale proceeds, nor bind such spouse except as aforesaid, to the terms and provisions of this contract. 12. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. Failure to promptly assert rights of Sellers herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 13. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this contract (See paragraph 14) shall be without reservation or qualification EXCEPT: (a) Zoning © The Iowa State Bar Association 2016 Form No. 142, Real Estate Contract Installments IowaDocs® 3 Revised March 2016 ordinances; (b) Such restrictive covenants as may be shown of record; (c) Easements of record, if any; (d) As limited by paragraphs 1, 2, 3 and 4 of this contract; (e) Sellers shall give Special Warranty as to the period after equitable title passes to Buyers; (0 Spouse if not titleholder, need not join in any warranties of the deed unless otherwise stipulated: g) (Mineral reservations of record?) h) (Liens?) (Easements not recorded?) (Interests of other parties?) (Lessees?) 14. DEED AND ABSTRACT, BILL OF SALE. If all said sums of money and interest are paid to Sellers during the life of this contract, and all other agreements for performance by Buyers have been complied with, Sellers will execute and deliver to Buyers a special warranty Deed conveying said premises in fee simple pursuant to and in conformity with this contract and Sellers will at this time deliver to Buyers an abstract showing merchantable title, in conformity with this contract. Such abstract shall begin with the government patent (unless pursuant to the Iowa State Bar Association title standards there is a lesser requirement as to period of abstracting) to said premises and shall show title thereto in Sellers as of the date of this contract; or as of such earlier date if and as designated in the next sentence. This contract supersedes the previous written offer of Buyers to buy the above described property which was accepted by Sellers on Sellers shall also pay the cost of any abstracting due to any act or change in the personal affairs of Sellers resulting in a change of title by operation of law or otherwise. If any personal property is a part of this agreement, then upon due performance by Buyers, Sellers shall execute and deliver a Bill of Sale consistent with the terms of this contract. Sellers shall pay all taxes on any such personal property payable in NA , and all taxes thereon payable prior thereto. 15. APPROVAL OF ABSTRACT. Buyers have examined the abstract of title to this property and such abstract is accepted. 16. FORFEITURE. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyers. or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. 17. FORECLOSURE AND REDEMPTION. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest at all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure end upon the contract obligation. © The Iowa State Bar Association 2016 Form No. 142, Real Estate Contract Installments IowaDocs® Revised March 2016 4 It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings: all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successor in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in -Chapter 628 of the Iowa Code. 18. ATTORNEYS FEES. In case of any action, or in any proceedings in any Court to collect any sums payable or secured herein, or to protect the lien or title herein of Sellers, or in any other case permitted by law in which attorney's fees may be collected from Buyers, or imposed upon them, or upon the above described property, Buyers agree to pay reasonable attorneys' fees. 19. INTEREST ON DELINQUENT AMOUNTS. Either party will pay interest at the highest legal contract rate applicable to a natural person to the other on all amounts herein as and after they became delinquent, and/or on cash reasonably advanced by either party pursuant to the terms of this contract, as protective disbursements. 20. ASSIGNMENT. In case of the assignment of this contract by either of the parties, prompt notice shall be given to the other parties, who shall at the time of such notice be furnished with a duplicate of such assignment by such assignors. Any such assignment shall not terminate the liability of the assignor to perform, unless a specific release in writing is given and signed by the other party to this contract. 21. PERSONAL PROPERTY. If this contract includes the sale of any personal property, then in the event of the forfeiture or foreclosure of this contract, such personal property shall be considered indivisible with the real estate above described; and any such termination of Buyers' rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereof against all such personal property. 22. CONSTRUCTION. Words and phrases herein, including acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. See paragraph 11 above, for construction of the word "Sellers." 23. RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 24. LEAD-BASED PAINT NOTICE. If applicable, see attached Disclosure of Information on Lead - Based and/or Lead -Based Paint Hazards. © The Iowa State Bar Association 2016 Form No. 142, Real Estate Contract Installments IowaDocs® 5 Revised March 2016 25 CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 26. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected. a) Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. b) The Property is served by a private sewage disposal system, or there is a private scwage- 3salystem on the Property. Seller and Buyer agree to the pra i s- on selected in the attached Addendum far In: ection of Private Sewage Disposal FflyJ*-em. r c) Seiler a��d �m�cr agrcc that this transacti:.; IS cxci p� from the ..mc Of t `Tlc sf r 1115pGG 1(}li rcquirc rents -by rcuscn that 27. SPECIAL PROVISIONS. See Addendum 1 © The Iowa State Bar Association 20166 Form No. 142, Real Estate Contract Installments IowaDocs© Revised March 2016 I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS ED UPON THIS ONTRACT. Dated: 1.-1 (72 i o,4:: Craig D. Norton Dated: Executed in duplicate or triplicate City of 1`�ubuque, Iowa SELLERS Kevin J. Lynch, Mayor Pro Tem BUYERS BUYERS Craig D. Norton BUYERS 50 West 13th Street, Dubuque, IA 1053 Vernon Street, Dubuque, IA 52001 SELLERS' ADDRESS 52001 BUYERS' ADDRESS STATE OF IOWA , COUNTY OF DUBUOUE This record was acknowledged before me on .lt n tA070 ®� (Ni, by _eau9 v. Iari-on BRENDA HENRY SCHREIBER Commission Number 750811 My Commission Expires STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on ., . '`� d .t, , by G� iti.� _ , KEVIN S. FIRNSTAHL COMMISSION NO.745295 • . MY COMMISSION EXPIRES %/a%7 © The Iowa State Bar Association 2016 Sign tu're of Notary Public Form No. 142, Real Estate Contract Installments IowaDocsOO Revised March 2016 RB 1 Addendum for Inspection of Private Sewage Disposal System Buyer and Seller agree on the following initialed alternative to comply with the time of transfer ion of private sewage disposal systems: There is a private sewage disposal system on this Property which serves the Property. Seller has obtained or shall obtain at Seller's expense within days a certified inspector's report which documents the condition of the private sewage disposal system, that it is of sufficient capacity to serve the Property, that the continued use of the system is permitted, and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. Seller shall attach the inspection report to the Groundwater Hazard Statement to be filed at closing. If Seller receives an unsatisfactory report, the basis of which cannot be resolved between Buyer and Seller within days of delivery of a copy to Buyer, then upon written notice from Buyer to Sellr, this agreement shall be null and void and all earnest money paid hereunder shall be returned immediately to Buyer. There is a 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. Buyer shall execute 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. Buyer shall attach a copy of the binding acknowledgment to the Groundwater Hazard Statement to be filed at closing. When the inspection is completed, an amended Groundwater Hazard Statement shall be filed with the certified inspection and shall include the document numbers of both the real estate transfer document and the original Groundwater Hazard Statement Seller agrees at closing to deposit the sum of $ Dollars into escrow with ("Escrow Agent") to reimburse Buyer for expenses incurred for the cost of the inspection and any required modifications to the private disposal system. Escrow Agent shall pay to Buyer, up to the amount held in escrow, amounts for required modifications after any such modifications are completed and upon submission to Escrow Agent of a detailed invoice. If no modifications are required, the entire escrow account shall be ret rned to Seller. Any funds remaining in the escrow account after any required modifications shall be 0,,A,retu ned to Seller. Seller shall not be responsible for any cost in excess of the escrow deposit. There is a private sewage disposal system on this Property. The building to which the sewage disposal system is connected will be demolished without being occupied. Buyer shall execute a binding acknowledgement with the county board of health to demolish the building within an agreed upon time peri d. Buyer shall attach a copy of the binding acknowledgement to the Groundwater Hazard Stathment to be filed at closing. \l ) There is a private sewage disposal system on this Property. The private sewage disposal system has been installed within the past two years pursuant to permit number © The Iowa State Bar Association 2016 Form No. 142, Real Estate Contract Installments 8 IowaDocs® Revised March 2016 Addendum 1. 27.1 Buyer will provide Seller with a signed Acknowledgement of Voluntary Negotiation and Purchase of Property at the time of closing. 27.2 Buyer must provide and maintain the following insurance in compliance with the City of Dubuque Insurance Schedule F which is attached. Said insurance must remain in effect until such time as the construction is complete or the contract is fulfilled, whichever is later. 27.3 This Agreement is subject to the final approval of the City Council of the City of Dubuque, Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa does not approve this Agreement, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. 27.4 Buyer, within ninety (90) days of this Agreement, must complete a survey and replatting of the Real Estate along with Buyer's property legally described as Lot 39 in Levens Addition in the City of Dubuque, Iowa, according to the recorded plat thereof known locally as 1053 Vernon Street, Dubuque, IA 52001 which consolidates the two parcels into a single parcel. 27.5 Buyer agrees, within one -hundred twenty (120) days of this Agreement to file a restrictive covenant indicating the single consolidated parcel of Real Estate must remain a single family home, for twenty-one (21) years. 27.6 Buyer agrees, within one -hundred eighty (180) days of this Agreement, to demolish all structures on the Real Estate (1069 Vernon). 27.7 The terms of Section 27 shall in all respects survive the closing. Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 31-17 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1069 VERNON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 14 -17, dated the 3rd day of January, 2017, declared its intent to dispose of City interest in real property located at 1069 Vernon Street, legally described as: Lot 38 in Leven's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 17th day of January, 2017 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 Real Estate Contract and subsequent Special Warranty Deed for the sale to Craig D. Norton according to the terms and conditions set out in the Real Estate Contract 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 Real Estate Contract by and between the City of Dubuque and Craig D. Norton for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Craig D. Norton. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract 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 Craig D. Norton. Section 5. 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 17th day of January, 2017. Kevin J. Lynciii Mayor Pro -Tem Attest: Kevin S. ' irnstahl, City"'erk STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 31-17 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 18th day of January, 2017. Kev(n S. Firnstahl, CMC, City Clerk NYIIN 111111111 lllhlM llIlI IllhI1 IIMO IIIll 1111 Doc ID. 008606860002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 03/17/2017 at 03:42:05 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa John Murphy Recorder Fue2017-00000350 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Craig D. Norton Address 1053 Vernon Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 1069 Vernon Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 38 in Leven's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) ;; O a 1 =A , o a q 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) X All buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Agent) FILE WITH RECORDER Telephone No.: (563),589-4381 DNR form 542-0960 (July 18, 2012) Jennifer Griffin From: Kevin Firnstahl Sent: Wednesday, May 24, 2017 10:10 AM To: Jennifer Griffin Subject: RE: Mayor Signature for Craig Norton Sure! Kevin From: Jennifer Griffin Sent: Wednesday, May 24, 2017 9:46 AM To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Subject: Mayor Signature for Craig Norton Kevin: The City Council approved disposal of 1069 Vernon to Craig Norton, via land contract, by Resolution No. 31-17. The land contract requires consolidation of two parcels. In order to do that, a plat of survey was done and that plat requires the Mayor's signature. If I send the plat to you, would you be able to get the Mayor's signature whenever he comes in next? There's no rush and he doesn't have to make a special trip to sign the plat. Thanks, J eAAAAAJ G i f f rev City of Dubuque City Attorney's Office 300 Main Street, Suite 330 Dubuque, IA 52001 (563) 589-4381 1 Prige1of1 INDEX LEGEND Location: Norton Plece SE1/4 of Section 23, T89N, R2E of the 6th P.M, Dubuque County, Iowa Requester: Craig Norton Proprietor: Lot 38 of Levens Addition: Deed Holder: City of Dubuque 50 W 13th 5t., Dubuque, IA 52001 Contract Hdoer: Craig 0. Norton Proprietor: Lot 39 of Levens Addition: Otaig D. Norton 1053 Vernon St., Dubuque, 4 62001 Surveyor: Terry L. Koelker Company: Buesing 8 Associates, Inc. 1212 Locust Sl., Dubuque, IA 52001 Return To: tikoeiker®buesing.com (563)556-4389 Plat of Survey of: Lot 1 of Norton Place, in the City of Dubuque, Iowa • • O _ROW SF ( ) IIIIIIIIIIIIIIIIIIOIIIIIIIIIIIIIIIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 006656760003 Type GEN Kind: SURVEY PLAT Recorded: 06/19/2017 at 03:23:42 PM ",ee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2O17-00007314 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 THIS SURVEY IS COMPRISED OF: LOT 38 & LOT 39 OF LEVENS ADDITION, 16 THE CITY OF DUBUQUE, IOWA LEGEND FOUND 1' IRON PIPE (UNLESS OTHERWISE NOTED) FOUND 3/4" IRON PIPE PLACED CUT -X PLACED 5/8' IR0N REROD W/ORANGE PLASTC OAP MARKED 'KOELKER 15487' SURVEYED BOUNDARY UNE PROPERTY UNE SUBDIVIDED LINE CENTER LINE RIGHT OF WAY UNE SQUARE FEET RECORD DIMENSION SINISMINIENVINIE 1018560 BUILDING FOOTPRINT // // // // 1/ EXISTING WOOD FENCE —X—X-5— EXISD85 CHAIN LINK FENCE / / / / LOT 48 OF / / / \\ �, LOT 47 OF\ LEVENS ADD. L • 9 ./ LOT 46 OF LEVENS ADD. LOT 49 OF \ LEVENS ADD. LEVENS ADD. LOT 1-50 OF LEVENS ADD. THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. 14 OP. Obi �'/ 'ori/ LOT 2-1-73 OF VOELKER HIGHLANDS LOT 45 OF LEVENS ADD. LOT 44 OF LEVENS ADD. LOT 1 0.314 ACRES 13,682 SF 94/ g�! 0 4¢ 0 FENCE IS 0.84' WEST `oy� $ d8, 41 4c yOU ��S 1 SEE SHEET FOR DETAILS , 7�0 OF PROPERTY UNE i4. / LOT 43 OF LEVENS ADD. <0� \ \ \ -"E;\ \ \ 9dO \\ \ 'PO\\ \ / \ . / LOT 37 OF LEVENS ADD. LOT 42 OF LEVENS ADD. LOT 41 OF LEVENS ADD, LOT 2 OF THE 080' OF LOT 8 & LOT 3-1-9 OF MOUNT PLEASANT ADD. FENCE IS 1.27' WEST OF PROPERTY UNE / / ,% / 9.0" . 77 / 7 0' 30' 60' 120' SCALE: 1" LAND TERRY L. KOaKER •15487 = 60' NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. TOTAL AREA OF PERIMETER SURVE'IED IS 0.314 ACRES (13,882 SF). 3. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 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 Lly'�155L1,LAND SUR Y R UNDER THE LAWS 09 24, // 7pWq, RY L. (DATE) / UCENSE NUMBER 15467 MY UOENSE RENEWAL DATE I5 DECEMBER 31, 2017 ASS�A001INNG 1W973Jr 8.0 W9 31016119113 1212 LOCUST ST, 0550000. l4 (563) 556-4088 DRAWN BY: JCH CHECKED BY: TLC SURVEY DATE 3/20/17 PLOT DATE: 4/21/17 DWG, N0. 17040-01 SCALE; 1" - 60' SHEETS COVERED BY THIS SEAL : SHEETSSHEETS 1�3NIumbelr : 2O$' 100T3(' Sheet 3 of 4 Surveyor's Certificate I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 38 & Lot 39 of Levens Addition, in the City of Dubuque, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as LOT 1 OF NORTON PLACE, in the City of Dubuque, Iowa. Total area of LOT 1 OF NORTON PLACE is 0.314 acres (13,682 square feet). Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. BY: o_.,Y,a. Terry L./Koelker Licensed Land Surveyor License No. 15487 License Renewal Date: 12/31/17 L��2y /!7 Date Owner's Consent Dubuque, Iowa . 2017 The foregoing Plat of Survey of: LOT 1 OF NORTON PLACE, in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned contract holder of Lot 39 of Levens Addition, in the City of Dubuque, Iowa and owner of Lot 38 of Levens Addition, in the City of Dubuque, Iowa. State of Iowa County of Dubuque ) ) ) ss: Craig D. Norton On this day of , AD 2017, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Craig D. Norton, to me personally known, who, being duly sworn did say that said appeared Craig D. Norton acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. Notary Public in and for the State of Iowa My Commission Expires Owner's Consent Dubuque, Iowa , 2017 The foregoing Plat of Survey of: LOT 1 OF NORTON PLACE, in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of Lot 38 of Levens Addition, in the City of Dubuque, Iowa. State of Iowa ) County of Dubuque ) ss: On this (1#1day of, AD 2017, before me, the undersigned, A Notary Public in and for the State of Iowa, pers66ally appeared Roy D. Boul, Mayor for the City of Dubuque to me personally known, who, being duly sworn did say that said appeared Roy D. Buol, Mayor for the City of Dubuque, acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Deed Hol r: City, of Dubuque, Iowa 4147 Roy D. BuoJ City of Dubdque, Mayor Witness my hand and Notarial Seal on the date above written. o"r -a P KEVIN S. FIRNSTAHL 7 ° COMMISSION NO.745295 • M -Y CO " A41�o EXPIRES owe.....,.,,,, r,,�,, Notar ` Public in and for the St to of Iowa My Commission Expires % ,//f - v City of Dubuaue Planning Services Dubuque, Iowa Sheet 4 of 4 11 , 2017 The foregoing Plat of Survey of: LOT 1 OF NORTON PLACE, in the City of Dubuque, Iowa was reviewed and approved by the City of Dubuque Planning Services on the date first written above. Laura Carstens, City Planner City Assessor's Certificate Dubuque, Iowa , 2017 The foregoing Plat of Survey of: LOT 1 OF NORTON PLACE, in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. City Assessor of the City of Dubuque, Iowa County Auditor's Certificate Dubuque, Iowa , 2017 The foregoing Plat of Survey of: LOT 1 OF NORTON PLACE, in the e City of Dubuque, Iowa was entered of record in the office of the Dubuque County Auditor this day of , 2017. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa Recorder's Certificate Dubuque, Iowa , 2017 The foregoing Plat of Survey of: LOT 1 OF NORTON PLACE, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. Dubuque County Recorder Sheet 4A of 4 Bank Consent (Bank), hereby states that it is the mortgagee of a mortgage, File in the records of Dubuque County, Iowa as dated and filed on real estate described as follows: Lot 39 of Levens Addition, in the City of Dubuque, Iowa. (Bank), Iowa hereby consents to the Plat of Survey of: LOT 1 OF NORTON PLACE, in the City of Dubuque. BY: State of Iowa ) County of Dubuque ) ss: Dated this Signature Printed Name day of , 2017 (Bank), Title On this day of , AD 2017, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared (Name), to me personally known, who being by me duly sworn, did state that he/she is the (Title) for (Bank) of the corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said Corporation by authority of its Board of Directors, and that (Name) acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. Notary Public in and for the State of Iowa My Commission Expires on IIIJ II 111111 11 11 11 HMO Doc ID 008655060005 Type GEN Kind: DEED WITH RESOLUTION Recorded: 06/15/2017 at 02:53:55 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder F1102017-00007171 Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Tax Statement to: Craig D. Norton 1053 Vernon 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 Craig D. Norton, a single person, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 38 in Leven's Addition in the City of Dubuque, according to the recorded Plat of said Addition. This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 31-17 of the City Council of the City of Dubuque adopted the 17th day of January, 2017, 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 thisday of c. , 2017 at Dubuque, Iowa. CITY OF DUBUQ E IOWA s By: //2.,c,,,, Roy D. Bu /, Mayor 50° C,G tUj C`ex-IL —1 Do Attest: By: Kevin 6. Firnstahl, Gity Clerk STATE OF IOWA SS COUNTY OF DUBUQUE On this day of 1', // , 2017, before me a Notary Public in and for said County, personally peared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Q f / �` /%�� /&rn Y Notary Public in and f Dubuque County, Iowa - ' PAMELA J. McCARRON Commission Nu. ber 772419 wP My Comm. Exp. +-57—L Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 31-17 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1069 VERNON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 14 -17, dated the 3rd day of January, 2017, declared its intent to dispose of City interest in real property located at 1069 Vernon Street, legally described as: Lot 38 in Leven's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 17th day of January, 2017 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 Real Estate Contract and subsequent Special Warranty Deed for the sale to Craig D. Norton according to the terms and conditions set out in the Real Estate Contract 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 Real Estate Contract by and between the City of Dubuque and Craig D. Norton for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Craig D. Norton. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract 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 Craig D. Norton. Section 5. 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 17th day of January, 2017. Kevin J. Lync , Mayor Pro -Tem Attest: Kevin'$`. Firnstahl, City rerk 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. 31-17 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 13th day of June, 2017. Kevin S. Firnsta`hl, CMC, City Clerk 11 11 11 11 11 11 11 11 11 11 11 Doc ID 008655070002 Type GWH Kind: GROUNDWATER HAZARD Recorded: 06/15/2017 at 02:54:06 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2017_00000995 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Craig D. Norton Address 1053 Vernon Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 1069 Vernon Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 38 in Leven's Addition in the City of Dubuque, according to the recorded Plat of said Addition 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) X All buildings on this property are served by a public or semi-public sewage disposal system. This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND T NFORMATION ST �_' ABOVE IS TRUE AND CORRECT. Signature: ---(transferor or AgeT) FILE WITH RECORDER e ephone No.: (563) 589-4381 DNR form 542-0960 (July 18, 2012) I 11 11 11 11 00 11 11 Doc ID 008655050003 Type GEN Kind: RESTRICTIVE COVENANTS Recorded: 06/15/2017 at 02:44:07 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder Fi1e201 / —00007 1 / 0 RECORDER'S COVER SHEET RESTRICTIVE COVENANTS FOR RESIDENTIAL REAL ESTATE Preparer Information: Crenna M. Brumwell, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 589-4381 Taxpayer Information: Craig Norton, 1053 Vernon Street, Dubuque, IA 52001 Return Document To: Craig Norton, 1053 Vernon Street, Dubuque, Iowa 52001 Grantors: The City of Dubuque, Iowa Grantees: Craig D. Norton Legal description: See Page 2. Document or instrument number of previously recorded documents: C��y Cvr ® I1ao Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 RESTRICTIVE COVENANTS FOR RESIDENTIAL REAL ESTATE KNOW ALL PERSONS BY THERE PRESENT that the City of Dubuque, Iowa (City), the owner of the following premises situated in the City of Dubuque, Iowa: Lot 38 in Leven's Addition in the City of Dubuque, according to the recorded Plat of said Addition (Real Estate) does hereby establish and place the following restrictive covenants on the Real Estate: 1. The Real Estate shall be known and described as residential Real Estate, and shall not be improved, used or occupied for other than one (1) private single-family residential use. The Real Estate and any part thereof must be owner occupied. Rental of the Real Estate is not allowed. No portion of the Real Estate can be rented as an apartment. 2. The City has the right to enforce, by any proceedings in law or in equity, all restrictions, conditions and covenants now or hereafter imposed by the provisions of these restrictive covenants. 3. These covenants shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants. The property owner has the right to renew these covenants for successive twenty-one (21) year periods. 4. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 5. The waiver of any violation or failure to enforce any such restrictions, easements, and covenants shall not in any event operate as a waiver, impairment or abrogation of same, or the right to enforce the same in the event of any future or other breach of the same of any other restriction, easement, rule or covenant, by the same or any other person. 6. These restrictions, easements, rules and covenants shall be construed under and in accordance with the laws of the State of Iowa. The foregoing provisions encumber the Real Estate described as: Lot 38 in Levin's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition Executed by the respective signatories effective the date first above written. CITY OF DUBUQUE, IOWA By: Kevin J. Lync.,ti'Mayor Pro Tem ATTEST: Kevi . Firnstahl, ity Clerk OWNER B By: Cic 1OTb1\) (l°7 On this(, day of Ockn , 2017, before me, a Notary Public in and for said state, personally appeared Kevi?1 J. Lynch and Kevin Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 1 Commission Number 772419 McCARRON e ow„�r My Comm. Exp. 1\ iro 1 CI ,CI... ,001,11-070 Notary Public i e State of Iowa My Commission expires Lk -5-2018 On thisowILdayof jay►uctr,4 , 2017, before me, a Notary Public in and for said state personally appeared Craig `D. Norton known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. 2 Notary Public int •tate of Iowa My Commission expires J-as-o?60