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Shiras Avenue_Purchase of Property from Lonnie L. AllenTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Lonnie L. Allen - 2655 Shiras Avenue DATE: May 26, 2009 On October 16, 2007, the City entered into an agreement with Lonnie L. Allen for the purchase of his property located at 2655 Shiras Avenue for the entrance to Eagle Point Park. Assistant City Attorney Tim O'Brien recommends City Council acceptance of the deed to the property. concur with the recommendation and respectfully request Mayor and City Council approval. ~. Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Tim O'Brien, Assistant City Attorney THE CTTY OF DUB E MEMORANDUM Masterpiece on the Mississippi ~ ~'~^'. { .LAMES (TIM A. O~BRIEN, ESQ. .~ ASSISTANT CITY ATTORNEY ~ To: Michael Van Milligen City Manager DATE: May 22, 2009 RE: Purchase of Property from Lonnie L. Allen - 2655 Shiras Avenue On October 16, 2007, the City entered into an agreement with Lonnie L. Allen for the purchase of his property located at 2655 Shiras Avenue for the entrance to Eagle Point Park. The City has now acquired the property. Attached is a resolution accepting the deed to the property. I recommend that the resolution be submitted to the City Council for consideration and approval. JAO:tIs Attachment F:\USERS\tsteckle\LindahlWllen Lonnie -Eagle Point Park EntranceWlVM_ResolutionAcceptDeed_052209.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-8550 / FAx (563) 583-1040 / EMAIL tiobrien@cityofdubuque.org ~ v °r+1 ~ ' ~' , f OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Lonnie Allen, 2655 Shiras Avenue, Dubuque, Iowa 52001, Seller: SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa, (Buyer) offers to buy real estate in Dubuque County, Iowa, described as follows: Lot A of Lot 1-1-221 and Lot A of Lot 2-222 both of Julien Addition in the City of Dubuque, Iowa as shown on the attached Acquisition Plat, 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. PRICE. The purchase price shall be $8,000.00 payable in cash at closing. SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on October 1, 2007, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. SECTION 5. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. SECTION 6. ABSTRACT AND TITLE. Seller shall promptly deliver the abstract of title to the Real Estate to Buyer for examination. It shall show merchantable title in Seller in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. Buyer shall pay the costs of any abstracting. SECTION 7. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 a. through 1 .d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Seller continuing up to time of delivery of the deed. 082207ba1 . ~~ c~ r SECTION 8. TIME IS OF THE ESSENCE. Time is of the essence in this contract. SECTION 9. REMEDIES OF THE PARTIES. 9.1 If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. 9.2 If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to them. 9.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 10. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. SECTION 11. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before August 29, 2007, it shall become void and all payments shall be repaid to Buyer. SECTION 12. OTHER PROVISIONS. 12.1 Buyer shall at its expense survey and plat the Real Estate. Seller agrees to consent to the plat. Dated: ~ i CITY OF DUBUQUE, IOWA V By: Midhael C. Van Milligen City Manager THIS OFFER IS ACCEPTED ~. Dated: l LONNIE ALLEN 082207ba1 "w .. r ACDUISITION PLAT I LpT T OF LOT A +Of iot 1-1-221 dt lOT A Of Lot NOEL-SCHROEDER PLACE ~-~ ~ boot of .!alien Addition, '•-. i~ the City of Dubuque, Dubuque Countyy, Iowa `` ~ LOT 4 OF CURLER ca'wwte~aa °* o vml of L07 i-x21 and LOT 2-222 BOTH OF SUBDIVISION JUUEN ApONT10N N THE CITY OF DUBUAI~, DuBUOUE CWNTY, IOMA '~+r nss susm w wutm w r11e aenp Or r~~j try ~ 0 X838 T8~ ram, f2J,,3~~ J `ce" M ~ ~wa.~wte a~iw rnw,r~ nrt ZOT {~'oe'w /J/ wl J ?.~.?~i,Qt./~..,~~ LEGEND raw r aon roc 7 1 ~ S/O/y ~ Ness oseeAwep rrorw) ~ ~ ~1i~~`d k+j ~ 'I~D,n °4 9 raw ,.~r rya e+c ~ y ,~ ~ IA~1,~`g~g'{~ ,,~ ~ Y • raw errs' Sao w ~~ ^ g l+I~ ~~ ~ -~~ si ~ eeu Cif ~ ~ 00) ~ r`S is a. ~~°iea[era~"i~isr ry N ', ~' O °~ ~i °wr r susvcw sa~eoAar unc ik N W y ry z , N "T LDT i-1-221 OF ~~~°~ - cw~io~ ~~`~b.7~i ?~ N ~ JUUEN ADDITION : ~ ~ °~p~ ~ ~~ . a~rano~ ~ = ~ ' (EXCEPT LOT A) ~ ~ '$~ sprr sauASS r[tr ~ j `a~ ~- .;~~i~ ra vaxr a 13cawo r ~ ~ 1 ~ ^ ~~ LOT A OF 1-i-T2i n°? "• ~--- ~ 1 ~ LOT 2-2Z2 OF JUUEN OF JULIEN ADDITION v~~ f ADDITION (EXCEPT LOT A) AiiFi r Ran gnFT ~ o' xs' SO' ~ goo' ~ SCALE: t' S0' ~ • ,• 207.15 ~~; ,43•3g" E S 20";'!5'07' W ~. Au • • n +K w rapr A1q marMS rwsor. 7 JI y9.yp ~Y K ~r ~• 16.04' >, •somcrar a rar r-i-m a wr ~-era wwM[ ~ w.uw ~ N 13'06'58" E 21.~t' ,~ a awxrra ecauftRa do pa iPpNR. on tnsac sums 15,04' 204.81 y eras Frew A.orR wn i S 81.433 LOT 2-221 OF' ry OB • sss rur:s aweCr ro Au uav~wes a eKOOSn AMa emr a wxwp ex JULIEN ADpT10N ,~~ N0. 1) nor amore eLL awewr, wsA area s as aancr art nsvoereo nin rwt +ur >v: ~ ., ran H nwrosu LOT A pF T-22Z ~ r~' K amGllm A 1'gfpM A eDt 1-1-7Z1 A1q for f-9b Or MIp Aar1a1 N M C ~ POB ~~ IEN~4 ~T on err aeewi[ nuweauc aeAwrr, ws+ a ,nc arr a ar•upu[ ra sawar rwwoua $ '~~ N0. 2 , waver aan.+~ nur ms uew .w+atiwp axurpr ~c ~~A~~G ~ l LOT T-222 OF .EIUEN AOOITiON ~n;c ~ Ave an emAees asntr aw eeAS+orrenwpo er rp a o .,~ vas w ~ r6aa~,L alraMOaM we0 •eAr ~ AM A asr ieu rweaner. ~tR-ps-EO uw weyxryai esesu ec u» n n[ aua v wsA ,m 10e1w` Yn.F~ K n ~... ne ~., . ^k eery .e ^r ~ t ~ ~ lover V -.. ~oA;i a~a~r oAn ~neiar ti•. N. lREIeQE IItMtDe tylp PID/ Wlf~ MM e owA w upper eroaea eM~ w acEeraoe x 7aor o~ea ea ensr-a s~Aic r . sa swan eovwm h r,rc vex : e .: SHEET 1 OF 4 N a O CV CV ao 0 ' .• ~ r Preparers James A. O'Brien Suite 330 Harbor View Place Dubuque, IA 52001 (563) 583-41138550 RESOLUTION NO. 179-09 A R SOLUTION APPROVING TH ACQUISITION OF REAL ESTATE LOCATED AT 2655 SHIRAS AVENUE, DUBUQUE, IOWA WHEREAS, the City of Dubuque intends to acquire certain properties located at 2655 Shiras Avenue for the entrance to Eagle Point Park; and WHEREAS, a purchase agreement has been finalized with the owners of the property described below. NOW, THEREFORE, IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot A of Lot 1-1-221 and Lot A of Lot 2-222 both of Julien Addition in the City of Dubuque, Iowa At the cost of Eight Thousand Dollars ($8,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, adopted and approved this 1st day of June, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Joyce E. Connors, Mayor Pro-Tem F:\USERS\tsteckle\LindahlWllen Lonnie -Eagle Point Park Entrance\ResolutionApprovingAcquisition_051509.doc i iii~~ii iiiiii iii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii Doc ID: 006457570001 Type: GEN Recorded: 05/14/2009 at 03:44:35 PM Fee Amt: $24.00 Pape i of i Revenue Tax: $12.00 Dubuque County Iowa Kathy F1Vnn Thurlow Recorder Fi1e2009-00009452 ©THE IOWA STATE BAR ASSOCIATION Official Form No. 101 - Ma 2006 Ba A. Lindahl ~ FOR THE LEGAL EFFECT OF THE USE OF THIS FORM CONSULT YOUR LAWYER Return To: Barry . Lm a ulte 3 0, Mam treet, Du uque, IA 5 I- 5 5 - Preparer: Barry A. Lindahl Suite 330, 300 Main Street. Dubuque, IA 52001-6944 (5631 583-4113 Taxpayer: Citv of Dubuque. Iowa 50 West 13th Street Dubuque, IA 52001 gTA?•~ ~ P ~, - ~ WARRANTY DEED :,is~~ ~~° ~A For the consideration of Dollar(s) and other valuable consideration, Lonnie L. Allen a/k/a Lonnie A len, a single person do hereby Convey to City of Dubuque, Iowa the following described real estate in County, Iowa: Lot A of Lot 1-1-221 and Lot A of Lot 2-222 both o Julien Addition in the City of Dubuque, Iowa Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: ,r'~t~Y l?~; Zfi~~( r c-~_, - .. ....... ~ _._.__ ___..~ . - _ ...a.---.' _ c~ Lonnie L. Allen a7k/a"Lonnie Alle (Grantor) '`~-~ (Grantor) STATE OF IOWA ,COUNTY OF Dubuque This instrument was acknowledged before me on ~^'l~v ~3 , Z ~~ , by Lonnie L. Allen a/k/a Lonnie Allen a sin le erson "~ / ~ ~ '~ lu.. a1~"' `•o JAMES A. O'BRIEN :l ,Notary Public Commission Number 105785 ` „w,. My Comm. Exp. NOV 4, 20~ ~,~ ,`_.'~ (This form of acknowledgment for individual grantor(s) only) 5 `~ C.'tc~ c iel-~ ~ -1~a I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 006457560002 Type: GWH Recorded: 05/14/2009 at 03:45:41 PM Fee Amt: $0.00 Page i of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2009_00000463 REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Lonnie Allen Address 2655 Shiras Avenue Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 um er an ree or i y, Town or 5 aT'ie i2 p Address of Property Transferred: 2655 Shiras Avenue Dubuque Iowa 52001 um er an ree or ity, Town, or ate- i2 p Legal Description of Property: (Attach if necessary) Lot A of Lot 1-1-221 and Lot A of Lot 2-222 both of Julien Addition in the City of Dubuque, Iowa 1. Wells (check one) ® There are no known wells situated on this property. ^ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) ® There is no known solid waste disposal site on this property. ^ There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. ^ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below or on an attached separate sheet, as necessary. 3. Hazardous Wastes (check one) ® There is no known hazardous waste on this property. ^ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. FILE WITH RECORDER DNR form 542-0960 (February 1, 2009) Z~~~ -`~ ~-i 5z 4. Underground Storage Tanks (check one) ~ 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. 5. Private Burial Site (check one) ® There are no known private burial sites on this property. ^ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) ® There are no known private sewage disposal systems on this property. ^ There is a private sewage disposal system on this property. A certified inspector's report is provided 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. ^ 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. 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 provided with this form. ^ 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. 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. 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: _ c,.,:~ - . ~ g~.-~~~ Telephone No.: ~~~ 1 />s°,~- •lC ~ rans eror or gent FILE WITH RECORDER DNR form 542-0960 (February 1, 2009) LOT 2 OF NOEL-SCHROEDER PLACE ~~ .~ \ LOT 4 01 CURLER ~' SUBD'VISION / I\3Z~~ I ~ 03 ;Tg~8N ~a27' (?11,9) 8 C~T ?~1J08jJ // ~ ~, Fry N ° l~ ~~\o a~ ~`~ g~ ~ ADDInON (l N~ ON( Y 43~ 5~~~1g~~ 3341. 4 00) ga \ N W ~ N / N `~ LOT 1-1-221 OF N N JULIEN ADDITION `0 ' `' (EXCEPT LOT A) o ~ ~ pl z ~ ~o. LOT A OF 1-'-221 LOT 2-222 OF JULIEN OF JULIEN ADDITION 'ADDITION (EXCEPT LOT A) AREA = 1.890.,2 1 iL1L / OB ~ N0. 2 •43'35" E 2p7,15' 151.82 N 59.50'31' W 118.14' 29.41 3 . 204.8' ;~ v" S 81.43' LOT A OF 2-222 OF JULIEN ADDITION AREA = 994 SQFT LOT 1-222 OF JULIEN ADDITION LOT 2-221 OF JULIEN ADDITION 10'T 71 ACQUISI~fION PLAT LOT A of Lot 1-1-221 & LOT A of Lot 2-222 both of Julien Addition, in the City of Dubuque, Dubuque Count ~, lowo Comprised of: a port of LOT 1-I-221 and LOT 2-222 BO OF JULIEN ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. iFWS SURVEY IS LOCATED IN THE SWI/~ 0~' SECTION 7, T89N, RJE (JULIEN TWP) OF iFP: 5TH P,4„ OlA3000E CWNtt, IOWA ~v 0 oa '~ 0~ ~ ~~ ~~ti ~0 ~ ~ '~0 ~ ~~~'C •: ~'}~~~ o,~o~P :1 N~ _ LEGEND FOUND 1' IRON PIPE ~ (UNLESS OTHERWISE NOTED) e FWND 1.25' IRON PIPE FOUND 0.75" ROD FWND 5/8' IRON RER00 W/ORANGE ~~ PLASRC CAP MARKED 'KOEIKER 15481' PLACED 5/8'IRON REROD W/ORANCE ~ PLASDC CAP MARKED 'KOELKER 15487' ® PLACED CONCRETE MAG NAIL IN ASPHALT SURVEYED BWNOARY LINE - -PROPERTY LINE - - - CENTER LINE -- -RIGHT OF WAY (ROW) LINE c I RECaRO D14ENSaN SOFT Sg1ARE FEET POB POMT OF BEgNNINC 0' 25' S0' 100' SCALE: 1" = 50' NOTES 2O'S5~O7" W 1. ALL 11EASURE4ENi5 ARE IN FE:T AND DEg4At5 THEREOF. 16.D4' 2. PROPRIETOR aF LOT t-1-271 2 LOT 2-722: LONNIE 1. ALLEN 1 SURVEYED REQIIESTEp Br, qL SPENLE, Ott LEISURE SERHCES ~ 7855 SHIRA: AVENUE, DUBUWE, IOWA 4, TMS PLAT IS SUBJECT TO ALL EASE4ENT5 OF RECORD AND NOT OF RECORD N O. 1 2200 BUNKS: HILL, DUBUQUE, IOWA 52001 5. THIS SURVEY WAS PERFORMED ANO THIS PLAT WAS PREPARED FOR THE PURPOSES OF DEDICATED A PORTION OF LOI 1-I-221 AND LOT 2-222 OF JULIEN ADDITION IN THE ptt aF DUBUQUE, WBUWE COU:itt, IOWA TD THE Ott OF DUBUQUE FOR ROADWAY PURPOSES. I ~~ppIIIIIIRINu,. LANG ~"W o • ,s _ v; 1ERRY L ~S ~ a ?J• KOEULER ;a° 15187 Vii'}''. .' S't ~'''~ ~ Owe `~aa mrIIAIIIIIIII11Wll~ I HEREBY CERTIFY THAT TNS LANG SURYEYIHG DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY 1~ OR UNDER MY OYLECT PERSON "//'J/~"SjU'P~ERW9CN A.VDyTrH~AT I AM A DULY }iCEA~ SU~/~/~~(.I THE uWS /! ~(JATE o~ wA. ~.., q1 ~ ~Y L. K~ELKER ~p;ATE) LICENSE 4BER 15487 4Y LICENSE RENEWAL DATE IS DECEMBER 37, 2D07 SHEETS COVERED BY THIS SEAL : SHE':T 1 k 2 .~' U v ~UESIING rAwrWrrrr Ari sDrnrorr 1212 LORIST Sf, DlldplJE, N (56]1 ~-+>~ DRAWN BY: JCH d TLK CHECKED BY: TLN . SURVEY GATE: 5/18/07 PLOT DAIS; 8/9/07 owc. ND. D7u1-ot scALE: I• = 50' SHEET 1 OF 4