Loading...
Intent to Dispose of City-Owned Property at 445 Loras_Hearing Copyrighted July 1, 2019 City of Dubuque Public Hearings # 2. ITEM TITLE: Intentto Disposeof City-Owned Propertyat445 Loras Boulevard SUMMARY: Proof of publication on notice of public hearing to consider the sale of City-owned property at 445 Loras Boulevard to Affordable Housing Network, Inc. (AHNI), and the City Manager recommending approval. RESOLUTION Disposing of City interest in real estate located at 445 Loras Boulevard in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Disposal of 445 Loras Boulevard-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Offer to Buy Supporting Documentation Special Warranty Deed Supporting Documentation Proof of Publication 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 445 Loras Blvd. — Public Hearing DATE: June 26, 2019 Housing and Community Development Director Alexis Steger recommends City Council approval to dispose of City-owned real property located at 445 Loras Boulevard to Affordable Housing Network, Inc. for the purchase price of$1 .00. The property at 445 Loras Boulevard has been under evaluation for several projects over the past decade but the City has been unsuccessful in finding someone to undertake the project. Affordable Housing Network is assisting the City of Dubuque's affordable housing initiatives by acquiring, rehabilitating, and selling homes to low income buyers, or by doing other long-term programs such as lease to own agreements with prospective owners. The City's standard 21-year covenant was placed on the sale; however, the City will allow Affordable Housing Network flexibility for a rent-to-own arrangement. 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 'il��i;' Masterpiece on the Mississippi Z°°' 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 445 Loras Blvd. — Public Hearing DATE: June 10, 2019 Introduction The purpose of this memorandum is to hold a Public Hearing for the purpose of disposing of City-owned real property located at 445 Loras Blvd. Background The City took legal action by petitioning the courts for ownership of 445 Loras Blvd. after several years of enforcement. The City received ownership of property after petition to the courts in November 2017 Discussion Dubuque and Affordable Housing Network, Inc. (AHNI) had been in discussions about AHNI assisting the City of Dubuque's affordable housing initiatives by acquiring, rehabilitating, and selling homes to low income buyers, or by doing other long-term programs such as lease-to-own agreements with prospective owners. The City's standard 21-year covenant was placed on the sale; however, the City will allowAHNI flexibility for a rent-to-own arrangement. The property at 445 Loras Blvd. has been under evaluation for several projects over the past decade but the City has been unsuccessful in finding someone to undertake the project. ANHI representatives have viewed the project and have made an offer to purchase it from the City for one dollar and rehabilitate the building. Recommendation I respecffully request that City Council hold a public hearing and dispose of the property at 445 Loras Blvd. to AHNI for rehabilitation of the property. 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. 251-19 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 445 LORAS BOULEVARD, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council, by Resolution No. 236-19 dated June 17, 2019, declared its intent to dispose of City interest in real property located at 445 Loras Boulevard, legally described as: Lot 5 of the Subdivision of Out Lot 667 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 July 1, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and WHEREAS, Affordable Housing Network, Inc. has signed an offer to purchase; and WHEREAS, Affordable Housing Network, Inc. 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 Affordable Housing Network, Inc. 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 5 of the Subdivision of Out Lot 667 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 Affordable Housing Network, Inc. for the herein -described real estate. Resolution No. 251-19 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 1St day of July 2019. Attest: KevtFirnstahl, C ` `, -ity Clerk e Rios, Mayor Pro Tem 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 445 Loras Boulevard, Dubuque, IA 52001 and legally described as: Lot 5 of the Subdivision of Out Lot 667 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 one dollar ($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 2018-2010 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. CAREAND 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 July 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 forecIO`Sed 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. Affordable Housing Network, Inc. 5400 Kirkwood Boulevard SW Cedar Rapids, IA 52404 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 orbefore 500 p.m. on June 14, 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 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 CityV 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. 25.2 The Real Estate will have a restrictive covenant filed indicating the property must remain a single family owner -occupied home for twenty-one (21) years. 4 SELLER BUYER CITY OF DUBUQUE, IOWA AFFORDABLE HOUSING NETWORK, INC. By: Roy D. Buo Mayor Dated: Printed N me: Avovc, Gruzhe Loo -let. Dated: CP (15 119 5 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: Affordable Housing Network, Inc. 5400 Kirkwood Boulevard SW Cedar Rapids, IA 52404 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 Affordable Housing Network, Inc., 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 5, of the Subdivision of Out Lot 667 in 'the City of Dubuque, Iowa, according to the recorded plat thereof. 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/?!f the City Council of the City of Dubuque adopted the 1st day of July, 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/day of , 2019 at Dubuque, Iowa. CITY OF DUBUQUE IOWA Y Jake 'os, Mayor Pro Tem Attest: By: Kevin Sirnstahl ity lerk STATE OF IOWA COUNTY OF DUBUQUE On this / day of , 2019, before me a Notary Public in and for said , County, personally appeared Roy D. Buol and Kevin S. F nstahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. SS Nota or Dubuque County, Iowa PAMELA J. DAcCARRON Commission Number 772419 My Comm. xp. � � STATE OF IOWA {SS: — � DUBUQUE COUNTY c�`Y°F°°B°�°�, �'� IOWA N0.236-19 ._ OFFJCl/4L NOTIC��, � � INTENT TO DISPOSE g < PUBL'IC. NOTIG�,;;,,is i OF AN INTERESt IN hereby, given that'ffie I �� �F 'DUHUQUE CI�Y�duncil of the Cityi REAL, ESTpTE, SET- ' bf pubuqUe loW�,r�wlll,l p'�CE FAR HEARING_; i CERTIFICATION OF PUBLICATION �at�o�d a.pub�ic ne��9� aN� PRov'�b��N�.Foe � �on the S�C;-day of'J�aly, tHE PUBLICATION'OF � at 6:00'�p.m m t�je�,�t�i�;�` NOTICE THEREOF toric Federal Building,r, WHEREAS;the,City'of 350 West'6th .Street, Dubuque', lowa (City) second floor, Dubuque, owns 445 Loras Boule- I, Suzanne Pike, a Billing Clerk for Woodward �oWa,at which meetinq vard (the Property> '�, the City Council pro= fegally described as: ' Communications, T11C.� an Iowa corporation, pUUl1S110T poses to dispose of'an � Lot 5 of#he Subdivi- of the Tele ra h Herald a news a er of eneral interest �n rne foiia;w-'� s;on of out �ot ssz;n g p , p p g ;"ing desEribed realqbyl �the CiCy�of Dubuque, � ��sale p�fFortlable Hous= 'I lowa, according to tfie, , circulation published in the City of Dubuque, COUrity 4ng�Net�Uork Inc ; recorded plat thereof; ' of Dubu ue and State of Iowa• hereb certif that the ' `os�°f the�"bd'�'- ' a"d ' q � y y sion Of Out Lot 667;in WHEREAS, the, City ' attached notice was ublished in said news a er on the <<t�e�E�tv of Dubuque, � acquired tlie arope�v ', P P P ,19Wa, accordmg r3to the � by petition;as an�ban- fO110Wlrig C�atOS: "recorded plat tFier,eo�i'� doned property for the ' Locally�known as 44;5,� purpose of its restora- ' -Loras Boulevard,r � 'tion and Ye"sale for � June 21� 2�19, At the r�eeting, the I owner occupied :hous- i City Council will re ing and c;eiye oral santl written � WHEREAS;pffor�lable,� and for which the charge is $42.$6 comments': trom�'.any � Housing Network�:Inc. resident or� property -w��p reha�,.ilitate. �th;e ;I owner of"said City to ' property aw�tl sell it`tio.�I theYabove action CNrit- an mcome qualified � t en comments regar•d- household �;for sin,gle'{ �ng the abou�r publi� I family occupancy;and ;i liearing m.ay Fje�.st�d' ' yyHEREAS;conveying, mitted to the••G,ity tlie Properly,to Afford- SubSCTlbeC�t0 b0fOT0 TTle, a NOt�Py PubI1C lri c111C�fOT clerk's office City�Hi�l , able=Housin��,Network, "� 50 W.13th Street on,or �`'In� is con�istent wit'�h'�� Dubuque County� IOWa� before said tfm� `pf tHe City�oal.of creat-:'i public hearing �.;: ing oppdrtunitie5 for � Copies of supporting affordable home own- ' documents'for the pub- ership., this ��day of �^���„ ,,,,,, ' 2��. lic hearings are on file NOW,THEREFORE,BE _in the Cityi Cierk's Of- 7T R�SOLVED BY THE fice, and� may -be CITY C,OUNCIL OF THE ' viewed during normal � CITY OP 'DUBUQUE; ' working hours. IOWA,THATi � ' �_/ ��, Any uisual or hear- � Sention 1. 7he City e��� � � ;,ing impaired persons � Council shall conduct a Notary P lic in and for Dubuque C�ity, TOW2. needing speaal as�is- i public hearing on the tance or.,persons with proposed di5pesition''of'' special��; 'accessibility real estafe in the City need� should ,conta�t ' Council Cli'ambers at , t1i� City;'Clerk's Offiee i the Historic Federal at (563),"589 4100 or. Building, 350 W. 6th hp���,s� ���'+(�,��.������YF� TTY 563) 690 6678�-3Y Street, Dubuque, lowa ;�r �r (;p�Ili'itS51011 NU���r 1��$�� least 48 hours prior to� on the ist day of July the meeting. i �2019 beginning at 6i00 A,,,�P My Carnmission Exp.�E�•1���2o Dated this 2ist day bf p.m. I ,...�.....-- lune 2019. ' Section 2. The City ��.Y KevinS.Firnstahl, Clerk be and is hereby l CMC,City Cierk authorized and direct- l RE50LUTION ed;to'publi$h notice of,!� tlie public`hearing 'in , the form, �attached l � h�reto ��according to� iaw. � Passed,approued and j adopted this 17t1i day;I of�June 2019;� ° Roy D:'Buol,Mayor I� Attest:KeVin S. Firnstahl,,City Clerk it;6/21 11 11 Y its 11 11 11 11 110 11 11 Doc ID: 010337670008 Type GEN Kind: SPECIAL WARRANTY DEED Recorded: 08/22/2019 at 11:52:04 AM Fee Amt: $47.00 Page 1 of 8 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fiie2019-00009630 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: Affordable Housing Network, Inc. 5400 Kirkwood Boulevard SW Cedar Rapids, IA 52404 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 one dollar ($1.00) and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Affordable Housing Network, Inc., 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 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof. 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 1 / of the City Council of the City of Dubuque adopted the 1st day of July, 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! day of JO , 2019 at Dubuque, Iowa. CITY OF DUBUQUE IOWA By: Jake ''vs, Mayor Pro Tem oa a06 Ci* P'Deo CAeir 1�. Attest: By: Ai -eke- 41 I.Lari Kevin S. Fir stahl, City Jerk STATE OF IOWA SS COUNTY OF DUBUQUE On this 1 day of JtA1 J , 2019, before me a Notary Public in and for said County, personally appea ed Jake Rios and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor Pro Tem 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 Pro Tem and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. mVIAJL,uaM tary Public in and for Dubuque County, Iowa JENNIFER M. MESSERICH Commission Numner 7'3874 My Comm. Exo. RESOLUTION NO. 236-19 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 445 Loras Boulevard (the Property) legally described as: Lot 5 of the Subdivision of Out Lot 667 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, Affordable Housing Network, Inc. will rehabilitate the property and sell it to an income qualified household for single family occupancy; and WHEREAS, conveying the Property to Affordable Housing Network, Inc. is consistent with the City goal of creating opportunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section. 1. 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 1St day of July 2019 beginning at 6:00 p.m. Section 2. The City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 17th day of June 2019. ATTEST: Kevin'S. Firnstahl, City C erk Roy D. Buol, Mayor STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 21, 2019, and for which the charge is $42.56 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this .0,76 0 day of 20 /,. Notary PX.ic in and for Dubuque C 4, g WtPBY K WESTERMEYER commission Number 1 548B5 My Commission Exp. Feb. 1,2020 " CITTOP151)1300lit"- ."' • WA rlrf11:000 12.#0.C:0 8pm 811 sWes S, second ber DCib0 quysicii'lp.rur .,,pciodoo.::: ditto interest n the fouoW t10,4144600;4,01;171,74 ; ,r1:4 accO 0,r00,ftfe.4i01 kl:.:AP"t1104ittl,O.OVEI 9j saidQt cAtt301*:--4d,ttOrWtiihearing :i 14:607t110,:-,6trmftted 1 lerK!e::120106•:.0),:trk • 50 W.:.:).,th.l.S.tregtimry, .-befere., t 19,4 01101601t1g ...r. $140004106 11paurf14r#0.07..tflk .in theitC!erk'SOf- flce& and rpa,Y bo gP06),•:400$1111.14:Y, nPedii1.4-601016:Att, 4010,riVaffiee589 t11 or ,i prioro the rteUnJ ••• K•PIltS:11rneta1f, A • : I . No. 2349: INTENT TO DISPOSE OF AN ' INTEREST IN REAL, ESTATZ ST AND ....10440gOoKopAR440:, 4t4P,0:00V10)140. OoR tHE.OUEiltibeititeOF NaTICETHEREOF . • WHERW;:the, Cityof 'Dubuiltid, 'Iowa.. (City) • own 445; Lc*: :Property) legally"deedribed 'Let 5 ef. the SubdM- sion of OutLot 667 iri • the Pitli•..,ef. Dtibuque, • Iowa, aodefdin6to reeordeO•olat thereofand ' WHEREAS, the,Cty1 don0: property for the • ptire,dee..:df:ft4gteeMra:. , 1001•407.,df'47-0-361.tbriT 'elt),:r,00•Ott.tAtf004:?'' 1,441b146.6.VOrt`;1''• ; •'affordable • CounOl• t shall con1Ucta .1164ri6j.:•;on :the , real , eetete..16."':the'4ityr • • Council Chambers at. theHistorle.:,, Federal • Buliding, 350 W. 6th" Street b0bebue,.• Iowa' Ofithe."1:t )blY, '201$ 0;60;, 'Seetle0 -.The lty • Clerkaljd..14 hereby: • 0439160.41.1.h.'11.-00e:Pf', the p011e •••-hearing the fbrbi,,,•4 attabbed,,,, tlPfb0;'•-:!,ilIeR.r111001:;;;t6.-.1 cias:sod;'Applimdri and �.1 BdoMV�r ferk•••4-,:r: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. 236-19 and associated Certification 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 August, 2019. Kevin Firnstahl, CMC, City Clerk 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. 251-19 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 445 LORAS BOULEVARD, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council, by Resolution No. 236-19 dated June 17, 2019, declared its intent to dispose of City interest in real property located at 445 Loras Boulevard, legally described as: Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, lowa, according to the recorded plat thereof; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on July 1, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and WHEREAS, Affordable Housing Network, Inc. has signed an offer to purchase; and WHEREAS, Affordable Housing Network, Inc. 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 Affordable Housing Network, Inc. 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 5 of the Subdivision of Out Lot 667 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 Affordable Housing Network, Inc. for the herein -described real estate. Resolution No. 251-19 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 1st day of July 2019. Attest: Kev Fi nstahl, C C, ityCierk e Rios, Mayor Pro Tem ,777/1Z— 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. 251-19 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 2nd day of July, 2019. Ked n S. Firnstahl, CMC, City Clerk 11 V 11 III Ii 111 011 11 Doc ID 010337680002 Type GWH Kind GROUNDWATER HAZARD Recorded: 08/22/2019 at 11:58:48 AM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder F11e2019-00001422 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 Affordable Housing Network, Inc. Address 5400 Kirkwood Boulevard SW, Cedar Rapids, IA 52404 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 445 Loras Boulevard, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof 1. Wells (check one) X 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) 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 thisdocument. 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) 201q - 9(230 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 disposal system 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: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AI Q THA -T-hl INFORM ,O TATED ABOVE IS TRUE AND CORRECT. Signature: Transferor or A FILE WITH RECORDER Telephone No.: (563) 589-4381 DNR form 542-0960 (July 18, 2012) THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ.(� (Z,I'1„n - CITY ATTORNEY ll`�1r/ To: Jenny Larson Director of Finance and Budget DATE: August 28, 2019 RE: 445 Loras Boulevard We have closed on the above -referenced property. Attached please find: 1. The original Closing Statement. 2. A check payable to the City of Dubuque for $1.00. 3. 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 Alexis Steger, Housing & Community Development Director Seller: City of Dubuque 50 West 13th Street Dubuque, IA 52001 Purchase Price Closing Statement 445 Loras Boulevard Closing Date: SA. t\ t \6\ Buyer: Affordable Housing Network, Inc. 5400 Kirkwood Boulevard SW Cedar Rapids, IA 52404 $1.00 have reviewed the Closing Statement and agree to the above disbursements. S LLER: OF DUBUQUE, IOWA 9-/‘ KA� l Date B're na Brumwell City Attorney BUYER: AFFORDABLE HOUSING NETWORK INC. @4t/64- By: AnniGruenewald, President Date cl Check Date: 08/07/2019 Payee: City of Dubuque Vendor Number: 0010931 Check Number: 001103688 Date Invoice No. Description Amount of Invoice 08/07/2019 Real Estate Purchase Price Purchase price Iowa) (445 22411- Loras Boulevard, 76 Dubuque, 1.00 L THIS CHECK IS PROTECTED BY A VOID PANTOGRAPH, MICROPRINT SIGNATURE LINE AND A HEAT SENSITIVE PADLOCK ICON. ADDITIONAL SECURITY FEATURES ARE LISTED ON BACK. SHUTTLEWORTH & INGERSOLL, P.L.C. ATTORNEYS AT LAW P.O. BOX 2107 CEDAR RAPIDS, IOWA 52406-2107 PHONE (319) 365-9461 Pay: One and 00/100 Dollars PAYABLE THROUGH US BANK CEDAR RAPIDS CEDAR RAPIDS,IOWA 33-54/730 33.54 Date 08/07/2019 730 001103688 Amount *** $1.00 Pay City of Dubuque To the 50 West 13th Street Order of Dubuque, IA 52001 «'00 L /036880 I:0 7 3000 54 5i: 79 340 2 L8 Lig' Void .,. 9 i Days Authorized Signature Vendor Number: 0010931 Check Number: 001103688 Check Date: os/o7/2019 Payee: city of Dubuque Date Invoice No. Description Amount of Invoice 08/07/2019 Real Estate Purchase Price Purchase price Iowa) (445 22411- Loras Boulevard, 76 Dubuque, 1.00 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: Affordable Housing Network, Inc. 5400 Kirkwood Boulevard SW Cedar Rapids, IA 52404 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 one dollar ($1.00) and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Affordable Housing Network, Inc., 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 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof. This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). VT( This Deed is given pursuant to the authority of Resolution No/�(of the City Council of the City of Dubuque adopted the 1st day of July, 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' day of °;ii,C ft' , 2019 at Dubuque, Iowa. CITY OF DUBUQUE IOWA By: Jake 5,ids, Mayor Pro Tem Attest: By: Kevin S. Fir stahl, City 6lerk STATE OF IOWA COUNTY OF DUBUQUE SS On this 1 day of Ju1, 2019, before me a Notary Public in and for said County, personally appealied Jake Rios and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor Pro Tem 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 Pro Tem and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. (YULWAU N Iitary blic in and for Dubuque County, lowIa JENNIFER M. MESSERICH Commission Num' er 7 3874 My Comm. Exo. 1 RESOLUTION NO. 236-19 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 445 Loras Boulevard (the Property) legally described as: Lot 5 of the Subdivision of Out Lot 667 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, Affordable Housing Network, Inc. will rehabilitate the property and sell it to an income qualified household for single family occupancy; and WHEREAS, conveying the Property to Affordable Housing Network, Inc. is consistent with the City goal of creating opportunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section. 1. 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 1St day of July 2019 beginning at 6:00 p.m. Section 2. The City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 17th day of June 2019. ATTEST: KeviS. Firnstahl City C erk Roy D. Buol, Mayor STATE OF IOWA DUBUQUE COUNTY CERTIFICATION OF PUBLICATION {SS: I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 21, 2019, and for which the charge is $42.56 ��vt�c•�a �iJ� Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ca76 CO day of Notary P 20/ . lic in and for Dubuque C. ty, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY, - OF OW DUBd11QUE;. I OFFICIAL NOTICE ,::! • PU3LIC NOTICE,. is hereby jiven 'she that C: y DOuncil of the -City . ofDubuque, -Iowa?will; "'u1a ?bl rea,.�g' .a,. tae 1, day 7f.;U!j. at ;0 a.rn. n ie'Nis tcrc Federal Build ig, 350- 'Nest 6th Street, .second floor, Dubuq::e, 1 lowa,:-atwhich meeting-' the :City Council pro, - .poses to dispose of an interest in the .follow- ,;ing described rear.-by;l •°sale' Affcrdaole Hous- rkg,Netiiorc, Inc _Co>y5-af'the •SubdiVi- ion44,9ut Lot 667_in .e Efij of Dubuque, Iowa"' ;Iowa, accordingtc the recorded. -plat th..reof:- Locailyknown as 445: Loras:Boulevard -,- Atthe meting the :City Council ,will re- Ceive oral aid ror tter commerts, from - any_ resident -:or property owner or:. said CL .to tY .. ere above act on Writ.; tan cornments .regard- ing .he above .puoli: flea ing maj. be sib- mitted to -:tne.City Clerk's Office; C;ty`Hall, 50 W. 13th Street, on.or before said tin• al: public -hearing Copies of supporting documents forthe pub- -lie hearing5:are on file ;.in the City. Clerk's Of- fice and - ,may. -be viewed during normal wo.r ing hours :-: Any isualr r hear-';- ing-impaired " persons;! needing_,spedial a„?s-.; tance'or persons with spacial :accessibilitj;< needs should contact: : -;the-:City <Clerk's : Offiee, i 'at---2-,-(.5.63)-'589,410-6-:'to -.7-'," 563) 690 6678 kt least 48 hours prior to', the:meeting-.1 Dated this 21st day of June 2019 Kevin S; Firnstahl, CMC, City Clerk RESOLUTION NO. 2361.9-- INTENT 3619""INTENT TO DISPOSE OF AN INTEREST IN CITY OF -DUBUQUE. REAL ESTATE; SET- TINGA ' TIME AND .P.LACE_F.OR _HEARING -; AND PROVIDING. FOR THE PUBLICATION'OF NOTICE THEREOF WHEREAS; the, City of -Dubuque, Iowa (City) owns 445 Lords Boule- vard -(the Property) legally described as: 'Lot 5 of the Subdivi- . sion of Out-Lot.667 in the City .of. Dubuque, Iowa, according. to the, recorded plat thereof; and WHEREAS, the: .City acjuir d the 'Property by.;petition as an aban- doned property tor ,_pur2ose of. its rastora- tion and r'e sae for owner occuoieo Nous-, -; 'ing;and WHEREAS, Affordable housing Ne5vork,- Inc. roil ` rehabilitate he . oruperbj and sell: it to ncoe':qualified-i m housenoid for single .J rarni!y cccupagy; and , WHEREAS, conveying the Poperty_to A.rferd- 3ble=Housng' Network,: c, is consisten With - the City goal;or creat-.' ing opportunities for 'Affordable home own- ership,. wn- ership 2,. -NOW, THEREFORE, BE-; IT RESOLVED BY ;THE CITY COUNCIL OF THE CIT/ OF :DUBUQUE; IOWA TTHAT .Sect on 1 The Cibj' Council shall conduct a. public hearing :on .the proposed' diSposltidn`'ot real. estate fn:the.city • Council Chambers at . the Historic.' Federal Building :350 W. - 6th Street,. Dubuque,." Iowa on the lst day of July , '2019 beginning at 6,00-.1 pm. -Section 2. The City Clerk be ands hereby authorized and.drrect- ed:to; publish notice-of-� the pubdc hearing in the form attached 1 hereto according to i 'Passed, approved and acopfed this 17th day of.June':2029.- Rciy Buol; Mayor Attest:;Kevih:S." • Firnsfahl,,CityClerk, .j 1t,6%21 STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 236-19 and associated Certification 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 August, 2019. Kevin S: Firnstahl, CMC,,City Clerk 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. 251-19 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 445 LORAS BOULEVARD, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council, by Resolution No. 236-19 dated June 17, 2019, declared its intent to dispose of City interest in real property located at 445 Loras Boulevard, legally described as: Lot 5 of the Subdivision of Out Lot 667 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 July 1, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and WHEREAS, Affordable Housing Network, Inc. has signed an offer to purchase; and WHEREAS, Affordable Housing Network, Inc. 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 Affordable Housing Network, Inc. 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 5 of the Subdivision of Out Lot 667 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 Affordable Housing Network, Inc. for the herein -described real estate. Resolution No. 251-19 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 1St day of July 2019. Rios, Mayor Pro Tem Attest: Kev'th Firnstahl,`CI(iIC, dity Clerk STATE OF IOWA CERTIFICATE of the CITY CLERK ) ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 251-19 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 2nd day of July, 2019. Ke f S. Firnstahl, CMC, City Clerk 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 Affordable Housing Network, Inc. Address 5400 Kirkwood Boulevard SW, Cedar Rapids, IA 52404 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 445 Loras Boulevard, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof 1. Wells (check one) X 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) 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 bui[ding 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 disposal system 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: I HEREBY DECLARE THAT 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT-TH.- INFORM • TI,O -STATED ABOVE IS TRUE AND CORRECT, /' i 11 Signature: Transferor or FILE WITH RECORDER Telephone No.: (563) 589-4381 DNR form 542-0960 (July 18, 2012) CTRL # COY Y Y Y M IM ### ## h 11 IIf i1 REAL ESTATE TRANSFER - DECLARATION OF VALUE 1 11 ■ 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) 0 8 2! 1 2 0 1 9 Enter the number matching your selection in the box at the end of the line: Deed (1) Contract (2) Seller: City of Dubuque, Iowa Seller Address: 50 West 13th Street Phone Number: (563) 589-4381 City: Dubuque State: Iowa ZIP: 52001 email: cbrumwet@cityofdubuque.org Buyer: Affordable Housing Network, Inc. Buyer Address: 5400 Kirkwood Boulevard SW State: Iowa Phone Number: (319) 364-0529 ZIP: 52404 City: Cedar Rapids email: tgitlmore@fouroaks.gov Address of Property Conveyed: 445 Loras Boulevard City: Dubuque State: Iowa ZIP: 52001 Legal Description: Lot 5 of the Subdivision of Out Lot 667 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) ' m' 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 Nam Signature: 1 CrernaBrui w- ity Effective On or Before 07/01/16 Buyer Phone Number: (563) 589-4381 or Seller X or Agent - or Attorney Page 1 ISBA 57-006a (03/15/16) • Real Estate Transfer — Declaration of Value, Page 2 1111 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: Occupancy: Primary Parcel Number: Year Built: Class Land Building Dwelling Res .00 .00 .00 Com .00 .00 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 Com Ind MultiRes Land .00 .00 .00 Building .00 Dwelling .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: .0 NUTC Jurisdiction i 7-= ■ Effective on or before 07/01/16 Page 2 ISBA 57-006b (03/15/16) ■