Transfer of Deed - 595 Angella Street_Craig Nesteby Copyright 2014
City of Dubuque Consent Items # 10.
ITEM TITLE: Transfer of Deed -595 Angella Street
SUMMARY: City Manager recommending approval to amend the
contract for sale of the property at 595 Angella Street.
RESOLUTION Approving an Amendment to the Land
Contract Between the City of Dubuque, Iowa and Craig
Nesteby
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
595 Angella Street-MVM Memo City Manager Memo
Memo Staff Memo
Resolution Resolutions
Amendment Supporting Documentation
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: Amendment to Real Estate Agreement for 595 Angella Street
DATE: February 15, 2017
The property located at 595 Angella Street was sold on land contract to Craig Nesteby.
The contract required that a single-family home was to be built on the existing
foundation and Mr. Nesteby would receive a deed upon completion of the project. Mr.
Nesteby has invested over $40,000 to rough-in the exterior of the home but is unable to
obtain additional financing from a financial institution for completion of the project
without having a deed to the property.
Housing and Community Development Department Director Alvin Nash recommends
City Council approval to amend the contract for sale of the property at 595 Angella
Street.
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: Amendment to Real Estate Agreement
DATE: February 14, 2017
Introduction:
The property located at 595 Angella Street was sold on land contract to Craig Nesteby.
The contract required that a single-family home was to be built on the existing
foundation and Mr. Nesteby would receive a deed upon completion of the project. Mr.
Nesteby has rough-in the exterior of the home but has run into a financial quagmire that
requires a deed to obtain additional financing for completion of the project.
Background:
Upon taking possession of the property in July 18, 2016, Mr. Nesteby used his own
financial resources to rough-in the exterior of the home. It is estimated Mr. Nesteby has
invested over $40,000 into the project. Financial institutions will not provide financing on
the remainder of the project because Mr. Nesteby does not have title to the property.
Until the terms of the contract agreements have been fulfilled the City retains
ownership. City staff and Mr. Nesteby have been working with his financial institution to
resolve the issues but the institution will only provide the financing if Mr. Nesteby has
the deed.
Discussion:
Currently the project is idle and is in jeopardy of failing. Mr. Nesteby has exhausted his
finances and must work on other construction projects to pay his living expenses. Mr.
Nesteby and City staff were unaware financial institutions would require the deed for
him to receive financial assistance. Mr. Nesteby has shown good faith in his desire to
complete the project. The completed project will greatly enhance the neighborhood and
increase property values as well as provide a great home for the Nesteby family.
The City can help Mr. Nesteby by amending the contract agreement to deed the
property to Mr. Nesteby who could then obtain financial assistance to complete the
project.
Action Step:
The action requested is to obtain City Council approval to the amended Contract for
Sale of the property at 595 Angella Street to Craig Nesteby.
Prepared by: Crenna Brumwell, 300 Main Street Suite 330, Dubuque IA 52001 563 583-4381
Return to: Crenna Brumwell, 300 Main Street Suite 330, Dubuque IA 52001 563 583-4981
RESOLUTION NO. 59-17
APPROVING AN AMENDMENT TO THE LAND CONTRACT BETWEEN THE CITY
OF DUBUQUE, IOWA AND CRAIG NESTEBY
Whereas, the City of Dubuque (City) and Craig Nesteby (Buyer) entered into a
Land Contract, recroded on Spetember 1, 2016 as document 2016-00011433, for the
purchase of 595 Angella, legally described as Lot 21 of Quigley's Subdivision of Out Lot
709 in the City of Dubuque, Iowa (the Property); and
Whereas, the parties desire to amend the Land Contract with respect to the
closing date and insurance requirements; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should approve to the Amendment to Land Contract.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque hereby approves the
Amendment to Land Contract, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Amendment to
Land Contract of behalf of the City of Dubuque.
Section 3. The City Clerk is hereby authorized and directed to record the
Amendment with the Dubuque County Recorder.
Passed, approved and adopted this 20th day of February, 201
eng '-c-,
oy D. Buol, Mayor
Attest:
Ke iri S. Firristahl, City Clerk
Trish Gleason
From: Jennifer Griffin
Sent: Thursday, February 23, 2017 4:36 PM
To: Crenna Brumwell
Cc: Robert Boge; Trish Gleason
Subject: 595 Angella - Special Warranty Deed
Attachments: SpecialWarrantyDeed_090116.doc
Crenna: Please review this special warranty deed. Assuming there are no changes, I will ask Trish to get the Mayor's
signature on it and then attach a certified copy of Resolution No 279-16 to it and send to us. Once we have this finalized,
we can set up a closing with Craig Nesteby (hopefully next week).
Thanks,
Jenny
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Doc ID 008598090005 Type GEN
Kind: CONTRACT AMEND OR CORRECTION
Recorded: 02/28/2017 at 02:13:19 PM
Fee Amt: $27.00 Pape 1 of 5
Dubuque County Iowa
John Murphy Recorder
F11e2017_00002265
RECORDER'S COVER SHEET
Amendment to Land Contract
Preparer Information:
Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, 563-589-4381
Taxpayer Information:
Craig Nesteby
703 Hill Street
Dubuque, IA 52001
Return Document To:
Craig Nesteby
703 Hill Street
Dubuque, IA 52001
Legal Description:
Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa
Grantors:
City of Dubuque,
A Municipal Corporation
Grantees:
Craig A. Nesteby, a single person
Document or instrument number of previously recorded documents:
2016-00011433 Real Estate Contract Installments
2016-00001541 Real Estate Transfer — Groundwater Hazard Statement
G; etv.i-n —a
CI e -
Tipp
C�� Nous'in�
AMENDMENT
TO
LAND CONTRACT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CRAIG NESTEBY
This Amendment to Land Contract, dated for reference purposes th-;->? day of
14
, 2017, is entered by the City of Dubuque, Iowa, a municipal
orporation ( eller) and Craig Nesteby, a single person, (Buyer).
Whereas, Buyer and Seller entered a Land Contract, recorded on September 1,
2016 as document 2016-00011433, for 595 Angella, legally described as Lot 21 of
Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa (the Original Land
Contract); and
Whereas, the parties now agree to amend the Land Contract as set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN BUYER AND
SELLER AS FOLLOWS:
Section 1. Par. 2 of the Land Contract is hereby amended to read as follows:
Buyer, concurrently with due performance on his part shall be entitled to
possession of said premises on the 24th day of February, 2017; and thereafter so long
as he performs the obligation of this contract.
Section 2. Par. 27 of the Land Contract is amended to read as follows:
27.1 Buyer must provide and maintain the following insurance dwelling coverage
in the amount of $1,000,000 naming the City of Dubuque as an additional
insured insurance until such time a certificate of occupancy is issued by the
City of Dubuque Building Services Department.
27.2 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.
27.3 Buyer agrees to complete construction of a single family home re -using the
existing foundation on the Real Estate.
27.4 There are no guarantees or warranties express or implied as to the
120616d1m
environmental conditions existing at the Real Estate.
27.5 The terms of Section 27 shall in all respects survive the closing.
BUYER: SELLER:
CRAIG NESTEBY
By:
Craig +•steby, a single person
CITY OF DUBUQUE
By:
State of Iowa, County of Dubuque
This record was acknowledged before me this&1day of.AX,
By 7 G'Gf
�a �s KMMSIO 7452 5
COMMISSION N NO
I NST
MY COM ISSI N XPIRES
State of Iowa, County of Dubuque
This record was acknowledged before me thi
By
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y
>AI
day of'Lj',,
c 295
P AHL
',.. COMMISSION N NO T45
MY C
IKEVIN FI N EXP/RES ' Slg a{tU�e ofv4
MNotary Public
2
Prepared by: Crenna Brumwell, 300 Main Street Suite 330, Dubuque IA 52001 563 583-4381
Return to: Crenna Brumwell, 300 Main Street Suite 330, Dubuque IA 52001 563 583-4981
RESOLUTION NO. 59-17
APPROVING AN AMENDMENT TO THE LAND CONTRACT BETWEEN THE CITY
OF DUBUQUE, IOWA AND CRAIG NESTEBY
Whereas, the City of Dubuque (City) and Craig Nesteby (Buyer) entered into a
Land Contract, recroded on Spetember 1, 2016 as document 2016-00011433, for the
purchase of 595 Angella, legally described as Lot 21 of Quigley's Subdivision of Out Lot
709 in the City of Dubuque, Iowa (the Property); and
Whereas, the parties desire to amend the Land Contract with respect to the
closing date and insurance requirements; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should approve to the Amendment to Land Contract.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque hereby approves the
Amendment to Land Contract, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Amendment to
Land Contract of behalf of the City of Dubuque.
Section 3. The City Clerk is hereby authorized and directed to record the
Amendment with the Dubuque County Recorder.
Passed, approved and adopted this 20th day of February, 201
eng '-c-,
oy D. Buol, Mayor
Attest:
Ke iri S. Firristahl, City Clerk
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. 59-17 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 22nd day of February, 2017.
Kvin S. Firnstahl, CMC, City Clerk
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 A. Nesteby
703 Hill 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
A. Nesteby, a single person, the following legally described real estate situated in the
County of Dubuque, State of Iowa, to wit (the Property):
Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa
(595 Angella Street)
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. 279-16 of the City
Council of the City of Dubuque adopted the 18th day of July, 2016, 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 this27 lay of
o'/ , 2017 at Dubuque, Iowa.
CITY OF DUBU E IOWA
Roil/ Bqc I, Mayor
Attest:
By:
Kev'n . Firnstahl,y Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this "--rday of Pr Gr—c.i, 2017, before me a Notary Public in and
for said County, personally appeared 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.
Nota 1 ublic in and for Dubuque County, Iowa
TRISH L, GLEASON
mission Number 719986
y Commission Expires
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 279-16 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 23rd day of February, 2017.
Trish L. Gleason, Assistant City Clerk
(SEAL)
Prepared bv: Crenna Brumwell. 300 Main Street. Suite 330. Dubuoue IA 52001 563 589-4381
Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 279-16
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 595 ANGELLA
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 265-16, dated the 5th day of July, 2016,
declared its intent to dispose of City interest in real property located at 595 Angella Street,
legally described as:
Lot 21 of Quigley's Subdivision of Out Lot 709 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 18th day of July, 2016 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 Nesteby 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 Nesteby 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 Nesteby.
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
Nesteby.
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 18th day of July, 2016.
Attest:
Kevin S.L.Firnstahl, Cit' Clerk
(()
Roy D. B , Mayor
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Doc ID 008606840005 Type GEN
Kind: DEED WITH RESOLUTION
Recorded: 03/17/2017 at 03:40:34 PM
Fee Amt: $32.00 Page 1 of 5
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
F11e2017-00003023
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 A. Nesteby
703 Hill 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
A. Nesteby, a single person, the following legally described real estate situated in the
County of Dubuque, State of Iowa, to wit (the Property):
Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa
(595 Angella Street)
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. 279-16 of the City
Council of the City of Dubuque adopted the 18th day of July, 2016, 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 thisi
ay of 4LO, 6,1z
, 2017 at Dubuque, Iowa.
CITY OF DUBUQ JE IOWA
By:
OL,"
Roy D. Bf, Mayor
'J 47.00
5-00
CU2
Attest:
By:
Kevin Firnstahl, cy Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this ,Q 'day of C6sr 1 , 2017, before me a Notary Public in and
for said County, personally appeared 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.
Notary 'ublic in and for Dubuque County, Iowa
TRISH L„ OLSASON
Commission Number 719986
My Commission Expires
Prepared bv: Crenna Brumwell. 300 Main Street. Suite 330. Dubuoue IA 52001 563 589-4381
Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 279-16
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 595 ANGELLA
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 265-16, dated the 5th day of July, 2016,
declared its intent to dispose of City interest in real property located at 595 Angella Street,
legally described as:
Lot 21 of Quigley's Subdivision of Out Lot 709 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 18th day of July, 2016 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 Nesteby 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 Nesteby 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 Nesteby.
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
Nesteby.
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 18th day of July, 2016.
Attest:
Kevin S.-Firnstahl, City CI€rk
Roy D. Bu,, -Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 279-16 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 23rd day of February, 2017.
Trish L. Gleason, Assistant City Clerk