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Purchase of Property on Valley Street for Villa Street Draingage Improvements_Lyons Copyrighted December 18, 2017 City of Dubuque Consent Items # 25. ITEM TITLE: Purchase of Property on Valley Street for Villa Street Drainage Improvements SUMMARY: City Manager recommending approval to purchase real estate on Valley Street from Larry and Debra Lyons that will be used as part of the Villa Street Drainage Improvements Project. RESOLUTION Approving the acquisition of real estate owned by Lawrence G. and Debra J. Lyon in the City of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Valley Street Purchase of Property for Villa Street City Manager Memo Drainage Improvements-NNM Memo Staff Memo Staff Memo Resolution Resolutions Offer to Buy and Acceptance Supporting Documentation Acquisition Map Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property on Valley Street — Villa Street Drainage Improvements DATE: December 12, 2017 City Engineer Gus Psihoyos recommends City Council approval to purchase real estate on Valley Street from Larry and Debra Lyons for $3,000. This property will be used as part of the Villa Street Drainage Improvements Project. 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 Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque � AN�A�r�6Iry UB E ��� ��0� II Masterpiece on the Mississippi Z°°''�12 2013•2017 TO: Michael C. Van Milligen, City Manager � FROM: Gus Psihoyos, City Engineer }� ��'� SUBJECT: Purchase of Property on Valley Street—Villa Street Drainage Improvements DATE: December 11, 2017 INTRODUCTION The purpose of this memorandum is to request approval to purchase real estate from Larry and Debra Lyons, owners of property on Valley Street, as part of the Villa Street Drainage Improvements Project. BACKGROUND The Villa Street Drainage Improvements Project includes installation of a new transverse storm sewer grate and storm sewer to alleviate street drainage issues in the 500 block of Villa Street. The storm water captured in these new improvements runs through an existing drainage way to the southwest and eventually discharges overland onto the Valley Street pavement. The project also includes plans for installation of storm sewer improvements in the Valley Street area to eliminate the surface discharge of the Villa Street runoff. DISCUSSION The proposed storm sewer improvements in the Valley street area are located partially over Valley Street and adjacent alley right of way, and partially over property owned by Larry and Debra Lyons which fronts on Valley Street and is just west of the property at 155 Valley Street. In order to complete the project as proposed, an easement over or acquisition of the Lyons property is necessary. If the property is purchased, the project construction costs will be less than an alternate route. In preliminary discussions with the owner, they have indicated they would be willing to sell the property to the City for this purpose. The Lyons have also indicated they are willing to move the existing shed �ff��the prop�r�y. This acquisition would also allow for a wider right of way in Valley Street allowing the City to properly maintain the existing drainage swale on the property. This acquisition would also allow for the relocation of the existing shed, which is a blight to the neighborhood. The Lyons have executed the attached Offer to Buy Real Estate and Acceptance (the Purchase Agreement) which sets the price for the purchase at $3,000. The Lyons are to convey the property to the City by warranty deed. The Lyons are also required to move the existing shed on the property prior to the closing date. RECOMMENDATION I recommend that the attached Purchase Agreement be approved, and that the City accept the conveyance of said property from Larry and Debra Lyons in order to complete the storm water improvements project as planned. ACTION TO BE TAKEN I respectfully request approval of the Purchase Agreement and acceptance of a warranty deed from Larry and Debra Lyons for the property described as Lot 2-28 Oak Grove Addition, in the City of Dubuque, through adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 2 RESOLUTION NO. 396-17 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY LAWRENCE G. AND DEBRA J. LYONS, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate as necessary for the Villa Street Drainage Improvements Project, which includes installation of a new transverse storm sewer gate and storm sewer to alleviate street drainage issues in the 500 block of Villa Street; and Whereas, Lawrence and Debra Lyons (the Owners) of this certain real estate have voluntarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Property): Lot 2-28 Oak Grove Addition in the City of Dubuque, Iowa Whereas, the proposed storm sewer improvements in the Valley street area are located partially over the Valley Street and adjacent alley right of way, and partially over property owned by the Owners; and Whereas, if the property is not acquired, the project will need to be redesigned and the construction costs for an alternate route will be greater; and Whereas, a purchase agreement has been finalized with the Owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque, through its City Attorney, be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 18th day of Decer ber 2017. Roy D. Bugf, Mayor Attest: Kevj . irnsfail, City Clerk OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Lawrence G. and Debra J. Lyons, Sellers SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to buy all of Sellers' right, title and interest in and to the real estate in Dubuque County, Iowa, described as follows: Lot 2-28 Oak Grove Addition in the City of Dubuque, Iowa as shown on the attached Area Map, (the Real Estate) together with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate. SECTION 2. PURCHASE PRICE. The Purchase Price shall be $3,000, payable in cash at the Closing subject to the terms and conditions herein. SECTION 3. REAL ESTATE TAXES. Taxes for the fiscal year in which the closing takes place shall be paid by Sellers prorated to the date of possession. Sellers shall also pay any unpaid real estate taxes for prior fiscal years. SECTION 4. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien as of the date of closing. SECTION 5. RISK OF LOSS AND INSURANCE. Sellers shall bear the risk of loss or damage to the Real Estate prior to closing or possession, whichever first occurs. Sellers agrees to maintain existing insurance and Buyer may purchase additional insurance. In the event of substantial darnage or destruction prior to closing, this Agreement shall be null and void; provided, however, Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyer at its option may agree to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. 042517cb SECTION 7. POSSESSION AND CLOSING. If Sellers timely performs all obligations, and all contingencies are met or waived, possession of the Real Estate shall be delivered to Buyer on or before June 30, 2017 (the Closing Date), or such other date as the parties may agree in writing with any adjustments of taxes, rent, insurance, and interest to be made as of the date of transfer of possession. SECTION 8. FIXTURES. All property that integrally belongs to or is part of the buildings on the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale, except for the storage shed which shall be removed by Sellers prior to closing. SECTION 9. USE OF PURCHASE PRICE. At time of settlement, funds from the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. SECTION 10. ABSTRACT AND TITLE. Sellers shall provide the current abstract for the property to Buyer. Buyer shall promptly obtain a lien search or an abstract of title to the Real Estate continued through the date of acceptance of this offer which shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyer when the purchase price is paid in full. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or its assignees. SECTION 11. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer, by Warranty Deed SECTION 12. TIME IS OF THE ESSENCE. Time is of the essence in this contract. SECTION 13. REMEDIES OF THE PARTIES. 13.1 If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. 13.2 If Sellers fail to timely perform this contract, Buyer has the right to have all payments made returned to it. 13.3 Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 14. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. SECTION 15. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. SECTION 16. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before 5 o'clock p.m. May 31, 2017, it shall become void. SECTION 17. OTHER PROVISIONS. 17.1 This Offer is subject to final approval by the City Council in its sole discretion. 17.2 Buyer, its counsel, accountants, agents and other representatives, shall have full and continuing access to the Real Estate and all parts thereof, upon reasonable notice to Sellers for the purpose of inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer shall hold Sellers harmless and fully indemnify Sellers against any damage, claim, liability or cause of action arising from or caused by the actions of Buyer, its agents, or representatives upon the Real Estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the Real Estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as Buyer considers appropriate. 17.3 Sellers warrants that the rights of all tenants shall be terminated by Sellers prior to closing and that there will be no tenants whose rights in the Real Estate survive the closing. This covenant shall survive the closing. 17.4 Environmental Provisions. Until ten (10) days prior to closing, Buyer shall have the right to terminate this agreement if environmental issues exist on the Real Estate that Buyer determines in its sole discretion do not permit Buyer to use the Real Estate for its intended use. Prior to terminating this Agreement pursuant to this section, Buyer shall offer Seller the opportunity to remediate the Real Estate to the satisfaction of Buyer in its sole discretion and at Seller's sole cost. 17.5 Sellers will remove prior to Closing the 15' x 20' shed currently located on the Real Estate. 17.6 Buyer will be authorized to remove all structures on the Real Estate following the closing. Dated: //1 C;j17 BUYER THIS OFFER IS ACCEPTED Dated: CITY OF DUBUQUE, IOWA SELLERS By: Michael C. Van Milligen City Manager 4 By: By: Lawrence G. Lyons Debra J. Lyons 17.5 Sellers will remove prior to Closing the 15' x 20' shed currently located on the Real Estate. 17.6 Buyer will be authorized to remove all structures on the Real Estate foilowing the closing. THIS OFFER IS ACCEPTED Dated: a � - ► Dated: �+"' ! G� � � � BUYER CITY OF DUBUQUE, IOWA SELLERS By: By: � l� Michael C. Van Milligen Lawrence G. Lyons City Manager By: ' � Debra J. Lyons � � � ��, � N` e � � �'a � �e.�"� � �e T"o �v�.o v �. �" �f� ��� �S a �. �. � '� � �2 ca � � � �� 4 AREA MAP �UL��Qu�U� LOCATION MAP DAGIS;= �iuctrrjr�rcr�er Iix•.:�i=.e;q•, ,��••`.`•`..••.•�.,`•,':�." �_x '' _ . . ._, � .. __ . J - • 1.�,�`h� , ,�+ L' ���, ' . t �� �v "{642i' a40 45U , `S 00 . . � y • • . ;� � ': � - J � fi F j O .. � • . . . � - �� ..�t4� j�. .' �i�•� r �. ' -['��^ - _ �a�. �N� ^ r •� � +� ^ ,y.��, ��. „ .. .- ¢�� • � N� �yy W � .•._-, :�'. '. . .�� ' saa , �cY — � ,rl � ~ L: - .R x '. T a 'a � ` '19T'�� ' � .wii • +�_. �� ,� :�r . �s *A`..�, 1�y � .—^k. •Y�• l. _ �f�. � �, +r+ r'�. 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