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Sale of City-Owned Property at 1100 Roosevelt Street_Hearing Copyrighted J une 3, 2019 City of Dubuque Public Hearings # 2. ITEM TITLE: Sale of City-Owned Propertyat 1100 RooseveltStreet SUMMARY: Proof of publication on notice of public hearing to consider approval of a Resolution and Special Warranty Deed disposing of City-owned real property located at 1100 Roosevelt Street to Dubuque and Jackson County Habitat for Humanity (Habitat), and the City Manager recommending approval. RESOLUTION Disposing of City Interest in Real Estate Located at 1100 Roosevelt Street, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type 1100 Roosevelt Street Sale-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution to Dispose of Property Resolutions Special Warranty Deed Supporting Documentation Offer to Buy Supporting Documentation Location Map Supporting Documentation Proof of Publilcation 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: Sale of City-Owned Property at 1100 Roosevelt Street DATE: May 28, 2019 Housing and Community Development Director Alexis Steger recommends City Council approval of a Resolution and Special Warranty Deed disposing of City-owned real property located at 1100 Roosevelt Street to Dubuque and Jackson County Habitat for Humanity (Habitat). Habitat approached the City to see if there were any properties that would be suitable for a family in need of assistance. This property was identified to have great potential to rehabilitate, but the City would not have the resources to complete the rehabilitation for another two years. Habitat will be able to rehabilitate the property and sell it to an income-qualifying household under 80°k median income. 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 Alexis M. Steger, Housing and Community Development Director THE CTTY OF Dubuque �" ui���eNe�ary DUB E '�I}Ijl� Masterpiece on the Mississippi �°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Sale of City-owned property at 1100 Roosevelt Street DATE: May 27�h, 2019 Introduction The purpose of this memorandum is to request the City Council to hold a Public Hearing for the purpose of disposing of City-owned real property located at 1100 Roosevelt Street. Background The City took legal action by petitioning the courts for ownership. The City received ownership of property after petition to the courts on February 13, 2019. Discussion Dubuque and Jackson County Habitat for Humanity (Habitat) approached the City to see if there were any properties that would be suitable for a family in need of assistance. This property was identified to have great potential to rehabilitate, but the City would not have the resources to complete the rehabilitation for another two years. Habitat will be able to rehabilitate the property and sell it to an income-qualifying household under 80% median income. This will help keep ownership in the neighborhood and increase the tax base. This also meets the Voluntary Compliance Agreement (VCA) objectives of increasing homeownership opportunities for low-moderate income households throughout the City of Dubuque. The public hearing was originally scheduled for May 6�h, 2019 was rescheduled for further inspection of the property by City prior to closing on the transaction. A further extension of the rescheduled public hearing of May 20, 2019 was necessary to resolve issues discovered in the follow-up inspection prior to closing. The Inspection has been completed and the sale of 1100 Roosevelt to Habitat is recommended. Recommendation I respecffully request the City Council approve the attached resolution and execute the Special Warranty Deed, disposing of city interest in real estate located at 1100 Roosevelt Street. Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: 563-690-6072 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100 RESOLUTION NO. 209-19 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 1100 ROOSEVELT STREET, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council, by Resolution No. 140-B-19, dated May 20, 2019, declared its intent to dispose of City interest in real property located at 1100 Roosevelt Street, legally described as: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on June 3, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and WHEREAS, Dubuque and Jackson County Habitat for Humanity has signed an offer to purchase; and WHEREAS, Dubuque and Jackson County Habitat for Humanity will rehabilitate the property and sell the property as a single-family residence to an income qualified family; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property to Dubuque and Jackson County Habitat for Humanity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the disposition of the City's interest in the following legally -described property: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the Mayor is hereby authorized and directed to provide a Special Warranty Deed to the buyer, conveying the City's interest to Dubuque and Jackson County Habitat for Humanity for the herein -described real estate. Pg. 2 Resolution NO. 209-19 Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2019. Attest: Kevin rirnstah , CK/IC, amity Clerk D. 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" �s ` � � � , � , y . s ,. �g ' � n i� � � �� �^� ��, �� ^ ; s.� °'� � ' � . .�,p� ,«'G : . �� , a,�� �.�.9 .,� - Y � 3��Ss.�x ;"- e��`� ��4 ��_� 1 � ��.n @ i_. ,o� '�y.u`S, �1 c���: ,�. . �. . �' � � ' -� . ti:�r_ ..;�. N Feet yy E 0 550 1,100 2,200 S OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: City of Dubuque, Iowa, a municipal corporation (Seller) SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real estate (Real Estate) situated in Dubuque, Iowa, locally known as 1100 Roosevelt Street, Dubuque, IA 52001 and legally described as: Lot 4 in "WERSINGER SUBDIVISION" in the City of Dubuque, Iowa according to the recorded plat thereof legal description to be confirmed per continued abstract per Section 10, together with any easements and appurtenant servient estates, but subject to the following: a. any easements of record for public utilities or roads, b. any zoning restrictions and other ordinances, and c. any covenants of record. SECTION 2. PURCHASE PRICE. The purchase price shall be $1.00. SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable for fiscal year 2017-2018 and prior years. Seller shall also pay real estate taxes for fiscal year 2018-2019 prorated through the date of closing. Buyer shall pay all subsequent real estate taxes due and payable after the date of closing. SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this Offer. All other special assessments shall be paid by Buyer. SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Real Estate prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance and Buyer may purchase additional insurance. In the event of substantial damage 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 property 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 of 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 Seller, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or replace same. 1 SECTION 7. POSSESSION AND CLOSING. 7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on or before May 15, 2019, or such earlier date as the parties may agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 7.2 Closing shall occur after the approval of title by Buyer and vacation of the Real Estate by Seller, but prior to possession by Buyer. Seller agrees to permit Buyer to inspect the Real Estate within seventy-two (72) hours prior to closing to assure that the premises are in the condition required by this agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 7.3 This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and receipt of all funds then due at closing from Buyer under the Agreement. SECTION 8. 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 9. FIXTURES. Included with the Real Estate shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. Also included shall be the following: N/A. The following items shall not be included: N/A. SECTION 10. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Real Estate and deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this agreement shall continue in force and effect until either party rescinds the Agreement after giving ten (10) days written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or Seller's assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Special Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as provided in this agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 2 SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. This agreement shall survive the closing. SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. Real Estate deeded herein is taken in "as is" condition with no guarantees or warranties express or implied. SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the date of closing be free and clear of all liens, security interests, and encumbrances. SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no party has a lease to or other occupancy or contract right in the Real Estate which shall in anyway be binding upon the Real Estate. Seller shall hold harmless and indemnify the Buyer for and against any claims, which may arise or be based upon any alleged leasehold interest, tenancy, or other right of occupancy or use for any portion for the Real Estate. This covenant shall survive the closing. SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. SECTION 17. CERTIFICATION. Buyer and Seller 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 breach of the foregoing certification. SECTION 18. REMEDIES OF THE PARTIES. 18.1 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 (30) days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty (30) 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. 18.2 If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to it. 18.3 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 3 attorney fees as permitted by law. SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. SECTION 20. NOTICE. Any notice under this agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Habitat for Humanity 900 Jackson Street Dubuque, IA 52001 City of Dubuque Attn: Alexis Steger 50 W. 13th Street Dubuque, IA 52001 SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this agreement, time shall be of the essence. SECTION 22. TIME FOR ACCEPTANCE. When accepted, this agreement shall become a binding contract. If this Offer is not accepted and delivered to Buyer on or before 5:00 p.m. on April 24, 2019, this agreement shall be null and void and all payments shall be returned immediately to the Buyer. SECTION 23. ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. SECTION 25. OTHER PROVISIONS. 25.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation and Purchase of Property at the time of closing. 25.2 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 Offer, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. 25.3 The Real Estate will have a restrictive covenant filed indicating the property must 4 remain a single family home, either owner -occupied or rental, for twenty-one (21) years. 25.4 Rehabilitation of the Real Estate must be in accordance with State Historic Tax Credit Program guidelines and specifications. SELLER CITY OF DUBUQUE, IOWA By: Roy D. Buol Mayor Dated: BUYER HABITAT FOR HUMANITY By: Printed Name: { DS)AP,A 1Mi Dated: Z-1/ 2.5I (G\ 5 Masterpiece on the Mississippi EMORANDUM CRENNA M. BRUMWELL, CITY ATTORNEY To: Jenny Larson Director of Budget and Finance DATE: June 14, 2019 RE: 1100 Roosevelt Street We have closed on the above -referenced property. Attached please find: 1. The original Closing Statement. 2. A copy of the special warranty deed, groundwater hazard statement, and declaration of value. These documents were filed with the Recorder and the City Clerk's Office will be billed for the documents. If you need further information, please let me know. Thank you. cc: Kevin Firnstahl, City Clerk Kris Neyen, Rehabilitation Programs Supervisor PAY TO THE ORDER OF • THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER AND ORIGINAL DOCUMENT SECURITY SCREEN ON BACK WITH PADLOCK SECURITY ICON. HABITAT FOR HUMANITY 900 JACKSON ST., SUITE LL5-2E DUBUQUE, IA 52001 563-556-2195 6111 (i✓1NG DUPACO COMMUNITY CREDIT UNION 5131 DUBUQUE, IA 52001 40/i7 $ 1� Memo goovl,-t- bo C(n. DOLLARS II'00 5 L 3 LII' I: 2 7 39 74 58 L0: 001E16 LOOtio z 15 0) Closing Statement 1100 ROOSEVELT STREET Closing Date: June 13, 2019 Seller: Buyer: City of Dubuque Dubuque and Jackson County Habitat for Humanity 50 West 13th Street 900 Jackson Street, Suite LL5-2E Dubuque, IA 52001 Dubuque, IA 52001 Purchase Price I have reviewed the Closing Statement and agree to the above disbursements. SELLER: CITY 0 UQUE, 10 (P /3 1q By: Crenna Brumwell Date City Attorney BUYER: DUBUQUE AND JACKSON COUNTY HABITAT FOR HUMANITY Bv. 2/(3/(1 $1.00 11 11 11 11 11 11 11 Doc ID 010309410008 Type GEN Kind: SPECIAL WARRANTY DEED Recorded: 07/09/2019 at 01:14:51 PM Fee Amt: $47.00 Page 1 of 8 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder F11e2019-00007153 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: Dubuque and Jackson County Habitat for Humanity 900 Jackson Street, Suite LL5-2E 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 Dubuque and Jackson County Habitat for Humanity, an Iowa non-profit corporation, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof (locally known as 1100 Roosevelt 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. 209-19 of the City Council of the City of Dubuque adopted the 3rd day of June, 2019, 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 this 3rd day of June, 2019 at Dubuque, Iowa. CITY OF DUBUQUE IOWA ©t� .�0PDZO- ,av Attest: By: By: STATE OF IOWA SS COUNTY OF DUBUQUE On this day of _ , 2019, before me a Notary Public in and for said County, personally ap,r ared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being du y 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. 14.-/ Roy D.''uol, Mayor Nota Public in an Dubuque County, Iowa PAMELA J. McCARRON Commission Nom- 77241 My Comm. Exp. y—j--� Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: 563-690-6072 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100 RESOLUTION NO. 209-19 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 1100 ROOSEVELT STREET, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council, by Resolution No. 140-B-19, dated May 20, 2019, declared its intent to dispose of City interest in real property located at 1100 Roosevelt Street, legally described as: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on June 3, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and WHEREAS, Dubuque and Jackson County Habitat for Humanity has signed an offer to purchase; and WHEREAS, Dubuque and Jackson County Habitat for Humanity will rehabilitate the property and sell the property as a single-family residence to an income qualified family; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property to Dubuque and Jackson County Habitat for Humanity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the disposition of the City's interest in the following legally -described property: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the Mayor is hereby authorized and directed to provide a Special Warranty Deed to the buyer, conveying the City's interest to Dubuque and Jackson County Habitat for Humanity for the herein -described real estate. Pg. 2 Resolution NO. 209-19 Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2019. Attest: Kevin Firnstahl, CMC, ` ity Clerk oy D. Buol, Mayor STATE OF IOWA CERTIFICATE of tfie 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. 209-19 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 5th day of June, 2019. Prepared by Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, 563-583-4113 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 140-B-19 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns 1100 Roosevelt Street (the Property) legally described as: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, the City acquired the Property by petition as an abandoned property for the purpose of its restoration and re -sale for owner -occupied housing; and WHEREAS, Dubuque and Jackson County Habitat for Humanity will rehabilitate the property and sell it to an income qualified household for single family occupancy; and WHEREAS, conveying the Property to. Dubuque and Jackson County Habitat for Humanity is consistent with the City goal of creating opportunities for affordable home ownership; and WHEREAS, the public hearing was originally scheduled for May 6, 2019 was rescheduled for further inspection of the property by City prior to closing on the transaction; and WHEAREAS, a further extension of the rescheduled public hearing of May 20, 2019 is necessary to resolve issues discovered in the follow-up inspection prior to closing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 3rd day of June 2019 beginning at 6:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to re -publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 20th day of May 2019. Attest: Kevin S/firnstahl, City Clerk Roy b. Buol, Mayor � �� STATE OF IOWA {SS: ; DUBUQUE COUNTY � � � �� ; CERTIFICATION OF PUBLICATION , I CITY OF DUBUQUE, _'; (OWA I OFFIC�AL NOTICE '' �PUBLIC NOTICE�,i5�I II I, Suzanne Pike, a Billing Clerk for Woodward nerebv g�ve�,tnat-ther; i Communications Inc. a11 IOWa COP oration ubI1S11eP city councu otthe;city i > > p � p of Dubuque lowa, will � of the Tele ra h Herald a news a er of eneral noid a pubi�� hearing g p � p p g ,on the 3�d day of June circulation ublished in the Cit of Dubu ue Count �ois;at 6.00.p.m.�n zne ,.i p y q ' y H�storic Federal Build- of Dubuque and State of Iowa; hereby certify that the �n� 350,W. 6th Stre�t, `Znd floo, Dubu,que, WHEREAS, the City I ; attached notice was published in said newspaper on the �oWa a�:'wn��n meet;n9 a�qa�rea tne Prope�y � the City�Council pro- 6y petition as an aban- i f011OWlrig ClatOs: poses to dispose ot an doned property for the � interest:;in the follow- purpose of its restora- May 24 2�19 ing describetl :real tion and:'re-sale tar, ; , , property by sale to � owner-occupied hous- � Habitat for Humanity, ing;and 1 an lowa non profit:cor- WHEREAS, Dubuque � and for which the charge is $48.03 porat;on; ana �ackson county � ; ' Lot 4;of-Wersinger , Habitat for' Humanity ,�. �� Subdivision in the City will rehabilitate the ~ of Dubuque loWa,r ac- ,,property and sell it to -p�,�� cording to the recorded an •incom�a q�aalified plat thereof:(1100 Roo- 1� y� le sevelt Street) . i ��'ct3���,v��T�� i At the meeting,;the �f1 � ��r��ying Subscribed to be ore me, a Notary Public in and for c�cy coUn��i will re- tlie ��op,e,�v to;pubu-, DUbU U0 COU11t IOW2 ceive'oraL and written ;�que a�d7Jaeksoh Coun- q Y> > -comments from 'any, 'ty Habitat for Hu`mani- resident.or, property ty is,consistent with owner of-said City fo the City.goal of;�creat- /�..f day of � , 20�. the aboue action.Wnt, ing opportunitie's' for. thiS ' ten comments regard- affo�dable h:ome own- ing ther;above pwblic ership;and: �hearing��:may� be:sub- � -,WHEREAS,the public ��! mitted to the °,City liearing was'originaily !! Clerks OfFice,Eity.Hall, scheduled..for.May 6, 50 W.13ih Street,,on or ' �019 was rescheduled NOtaT' P lic in and for Dubu COU11t IOW2. before 'said time of for,furYher inspection� � y q y, public hearing. of the property by City Copies of,supporting pnor,to,closing on the documents for the'pub- transacYipn;and - lic hearings are on file ' WHEAREAS,a fprther in the City Clerks Of- extension of .the re- fice, antl may:; be schedufed'`public fiear- viewed ,during.normal ing of M�y,20, 2019 is working,hours. ``n'eeessary to resolve is- ���,����������Y�� Individuals with limit-, sues discbveretl;in the ���";s�. ed English proficiency, follow up inspection ' " �UI71i�'!lSSIUI7�llCii�lGf��4�$5 vision;' hearing ., or prior`toclosing. � � �� My Cammission Exp.Feb.1,2020 speech impairments, NOIA�,THEREFORE,BE � requiring special assis-i IT RESOLVED BY THE � tance should contact i GITY COUN.CIL OF THE j _the .City Clerks..Office CITY OF:; DUBUQUE, ! ,i �at (563) 589-4100 or' 10WA: TDD (563) 690-6678 as' Section 1. That fhe '=�soon as�#easible.-�' �ity Council sHalf con- { ' Dated this 24th day of tduct a public h.earing �I May 2019. on the proposed dispo= li Kevin S.Pirnstahl, sition of real estate in i City`Clerk the City Counci6 Cham- " RESOLUTION bers' at ,,the Historic � N0.140-B-19' Fed'eral Building, 350 ;� 1NTE�1T TO�p1.SPO5E W. 6th Street, Dubu- OF AN-1NTEREST IN que, lowa on the 3rd, � CITY �F DUBUQUE day of June'2019 begin, REAL ESTATE, SET- ning at6:00 p.m. � TING A;; TIME 'AND Sectionr2. That the � ,"PLACE FOR HEARING City Clerk be and is g AND PROVIDING FOR hereby authorized`and � :THE PUBLICATION OF directed to 're-publish � NOTICETHEREOF `notiGe of .the public, WHEREAS,the City of hearing irrthe form at- I� Dubuque; iowa (City} �ached hereto, accord- � owns 110Q• Roosevelt ing to law.` Street (the Property) passed,approved and `legally dAscribetl as: adopted tliis 20th day` '; Lot 4 of Wersinger of Ma 2019. Subdivision in the City Roy D.Buol,Mayor i of Dubuque, lowa, ac- Attest:Kevin S. � cording to the recorded Firnetahl,City Clerk F plat thereof; lt 5/24 � and . , _:_:.: ,, i � � 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. 140-B-19 and associated Affidavit of Publication 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 5th day of June, 2019. K- in S. Firnstahl, CMC, City Clerk IIIIIIIIIIIIIIII IIlII lI Itl IIllIIll1 Doc ID• 010309420003 Type GWH Kind: GROUNDWATER HAZARD Recorded: 07/09/2019 at 01:15:13 PM Fee Amt: $0.00 Pape 1 of 3 Dubuque County Iowa John Murphy Recorder 1 % % Fi1e2019--000010/ 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 Dubuque and Jackson County Habitat for Humanity Address 900 Jackson Street, Suite LL5-2E, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 1100 Roosevelt Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property:Attach if necessary) Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof 1. Wells (check one) _ There are no known wells situated on this property. X 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 disposalsystem 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: WAY1tI �k,10(ati ��n oh Qvov d Jd $uv ,r, .ulcus \irnKnt\ n I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT T RMATION T d : e VE IS TRUE AND CORRECT. Signature: .telephone No.: (563) 589-4381 or Ag FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) CTRL # C O Y Y Y Y M M##### BSI II INI! 1 11 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE ■ Please read the instructions comprised in form 57-011 before completing and filing this form. ■ Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument (MMDDYYYY) .p ', Q 01 Enter the number matching your selection in the box at the end of the line: Deed (1) Contract (2) Seller: City of Dubuque, Iowa Phone Number: (563) 589-4381 Seller Address: 50 West 13th Street City: Dubuque State: Iowa ZIP: 52001 email: cbrumwel@cityofdubuque.org Buyer: Dubuque and Jackson County Habitat for HumanityPhone Number: Buyer Address: 900 Jackson Street, Suite LL5-2E State: Iowa ZIP:520o1 email: Address of Property Conveyed: 1100 Roosevelt Street City: Dubuque City: Dubuque State: Iowa ZIP: 52001 Legal Description: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof Enter the number corresponding to your selection in the box at the end of the line, if applicable. Type of Sale: Sale between related parties/family (1); Sale of partial interest (2); Trade (3); Quit Claim Deed (4); Auction (5) Was this a sale of agricultural land to: Corporation (1); Trust (2); Alien (3); Non-resident Alien (4); Limited Partnership (5) DECLARATION OF VALUE STATEMENT 1. Total Amount Paid 2. Amount Paid for Personal Property 3. Amount Paid for Real Property I hereby declare that the information contained in Part I of this form is true and correct. Printed Name: Crenna Brumwell, City of Dubuque, Iowa Phone Number: (563) 589-4381 Signature: • 1 .00 .00 1 .00 Buyer or Seller X or Agent or Attorney Effective On or Before 07/01/16 Page 1 ISBA 57-006a (03/15/16) ■ Real Estate Transfer — Declaration of Value, Page 2 Part II - TO BE COMPLETED BY THE ASSESSOR Assessed values must be as of January 1 of the year in which the sale occurred. SECTION A: SINGLE CLASSIFICATION Primary Classification: Residential (4); Commercial (5); Industrial (2); Agricultural (1); Multi -residential (7) City/Township: Primary Parcel Number: Occupancy: Year Built: Class Land Building Dwelling Res .00 .00 .00 Com .00 .00 MultiRes Ind .00 .00 Ag .00 .00 .00 MultiRes .00 .00 .00 Subtotal SECTION B: DUAL CLASSIFICATION Primary Classification: Commercial (5); City/Township: Primary Parcel Number: Industrial (2); Multi -residential (7) Occupancy: Year Built: .00 Class Land Building Dwelling Com .00 .00 Ind .00 .00 MultiRes .00 .00 .00 Subtotal Total: Add Subtotal amounts from Sections A and B Enter amount from line 3, page 1 Ratio: Divide Total amount by the amount on line 3, page 1 Comments: ■ Effective on or before 07/01/16 NUTC Jurisdiction Page 2 ISBA 57-006b (03/15/16) .00 .00 .00 °/0 • LEAD-BASED PAINT DISCLOSURE - SALES Property Address or Legal Description: 1100 Roosevelt Street Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessment or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Seller's Disclosure A. Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below): ❑ i. Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). ❑X ii. Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. B. Records and reports available to the Seller (check (i) or (ii) below): n i. Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). X ii. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Buyer's Acknowledgment (initial) By execution of this disclosure, Buyer acknowledges receipt of copies of all information listed above including receipt of the pamphlet, "Protect Your Family from Lead in Your Home". This agreement is contingent upon a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards at the Buyer's expense until 5 p.m. on [Insert date 10 days after contract ratification or a date mutually agreed upon]. (Intact lead-based paint that is in good condition is not necessarily a hazard. See the EPA pamphlet "Protect Your Family from Lead in Your Home" for more information). This contingency will terminate at the above predetermined deadline unless the Buyer (or Buyers agent) delivers to the Seller (or Seller's agent) a written contract addendum listing together with a copy of the inspection and/ or risk assessment report. The Seller may, at the Sellers option, within days after delivery of the addendum, elect in writing whether to correct the condition(s) prior to closing. If the Seller will The Iowa State Bar Association 2018 Form No. 156, Lead -Based Paint Disclosure - Sales IowaDocs® Revised January 2016 correct the condition, the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedies before the date of closing. If the Seller does not elect to make the repairs, or if the Seller makes a counter-offer, the Buyer shall have days days to respond to the counter-offer to remove this contingency and take the property in "as is" condition or this agreement shall become void. The Buyer may remove this contingency at any time without cause. Buyer hereby waives this contingency. (initial). Agent's Acknowledgement (initial). Agent has informed the Seller of the Seller's obligations under 42 U.S.C. 4852d and is aware of Agent's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. SELLER(S) BUYER(S) 'C'j7ny of Dubuque, ___Q6/13/2019 eller Date 06/13/2019 Addens t , Buyer Date , Seller Date . Buyer Date , Agent Date , Agent Date © The Iowa State Bar Association 2018 Form No. 156, Lead -Based Paint Disclosure - Sales IowaDocs® 2 Revised January 2016 Addendum 1. Dubuque & Jackson County Habitat for Humanity