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
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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
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AN�A�r�6Iry
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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
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