Sale of City-Owned Property at 799 Rush Street_Hemmer_Hearing Copyrighted
October 7, 2019
City of Dubuque Public Hearings # 2.
ITEM TITLE: Sale of City-Owned Property at 799 Rush Street
SUMMARY: Proof of publication on notice of public hearing to consider
the sale of City-owned property located at 799 to the
abutting property owners, Eric and Beth Hemmer, for
consolidation into one parcel; and the City Manager
recommending approval.
RESOLUTION Disposing of City Interest in real estate
located at 799 Rush Street in the City of Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
799 Rush Street Sale-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Disposing Resolutions
Special Warranty Deed Supporting Documentation
Offer to Buy - Signed Supporting Documentation
Proof of Publication Supporting Documentation
Dubuque
THE CITY OF �
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DuB E � �
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Maste iece on the Mississi i Zoo�•zoiz•zois
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Hold Public Hearing for the Sale of City-Owned Property at 799 Rush
DATE: September 26, 2019
Housing and Community Development Director Alexis Steger recommends the City
Council dispose of 799 Rush Street to the abutting property owners, Eric and Beth
Hemmer, for the purchase price of $10,000.
The City acquired 799 Rush Street by petition as an abandoned property for the
purpose of deconstruct the structure and selling the lot to an abutting property owner.
During the petition process, this property was in such disrepair that it became a
dangerous structure. The house and garage structure on the property started falling,
and became very unstable. Numerous complaints from neighbors and passerby's were
taken in regards to this property, consuming large amounts of City Staff time. In the FY
2019 budget, the City Council approved the funds to deconstruct 799 Rush Street, and
sell it to the abutting property owner.
Eric and Beth Hemmer are the abutting property owners purchasing 799 Rush Street for
$10,000, and will consolidate both the existing parcel at 795 Rush Street and 799 Rush
Street into one parcel. As a condition of the purchase, the buyers agree to file a
restrictive covenant that the consolidated parcel of real estate must remain a single-
family home for 21 years.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
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
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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: Hold Public Hearing for the Sale of City-owned Property at 799 Rush
Street
DATE: September 26, 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 799 Rush Street.
Discussion
The City acquired 799 Rush Street by petition as an abandoned property for the purpose
of deconstruct the structure and selling the lot to an abutting property owner. During the
petition process, this property was in such disrepair that it became a dangerous structure.
The house and garage structure on the property started falling, and became very unstable.
Numerous complaints from neighbors and passerby's were taken in regards to this
property, consuming large amounts of City Staff time. In the FY 2019 budget, the City
Council approved the funds to deconstruct 799 Rush Street, and sell it to the abutting
property owner.
Eric and Beth Hemmer are the abutting property owners purchasing 799 Rush Street for
$10,000, and will consolidate both the existing parcel at 795 Rush Street and 799 Rush
Street into one parcel. The Engineering Department will survey the properties to
accomplish the consolidation and recording of one parcel, eliminating 799 Rush Street
address.
Additionally, as a condition of the purchase, the buyer agrees to file a restrictive covenant
that the consolidated parcel of real estate must remain a single-family home, for twenty-
one years.
Recommendation
I respecffully request the City Council conduct a public hearing on October 7�h, 2019 for
the intent to dispose of 799 Rush Street to the abutting property owner for consolidation
into one parcel. Furthermore; I respectfully request City Council approval to provide a
Special Warranty Deed to the buyer, conveying the City's interest in 799 Rush Street to
Eric and Beth Hemmer.
Cc: Crenna Brumwell, City Attorney
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. 365-19
DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 799 RUSH
STREET, IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City Council, by Resolution No. 339-19, dated September 16, 2019,
declared its intent to dispose of City interest in real property located at 799 Rush Street,
legally described as:
Lot 1 of the Subdivision of Lot .2 of the South 165 feet of Lot 190 in Union
Addition to the City of Dubuque, Dubuque County, Iowa, according to the
recorded plat thereof
;and
WHEREAS, pursuant to published notice, a public hearing was held on the proposed
disposition on October 7, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
WHEREAS, Eric and Beth Hemmer have signed an offer to purchase; and
WHEREAS, the City of Dubuque will consolidate the parcel at 795 Rush Street with the
parcel at 799 Rush Street; 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 Eric and Beth Hemmer.
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 1 of the Subdivision of Lot 2 of the South 165 feet of Lot 190 in Union
Addition to the City of Dubuque, Dubuque County, 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 Eric and Beth Hemmer for
the herein -described real estate.
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 7th day of October 2019.
Ja A. Rios, Mayor Pro Tem
Attest:
Key y Firnstahl, GUMC, ity Clerk
1111 11111 IIIIIIIIIIIII 11111111 III
Doc ID 010429350006 Type GEN
Kind: DEED WITH RESOLUTION
Recorded: 01/27/2020 at 04:26:56 PM
Fee Amt: $47.00 Page 1 of 8
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
Fi1e202O-00001141
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:
Eric and Beth Hemmer
795 Rush Street
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 Eric
and Beth Hemmer, husband and wife, as Joint Tenants with Full Rights of Survivorship
and not as Tenants in Common, the following legally described real estate situated in
the County of Dubuque, State of Iowa, to wit (the Property):
Lot 1 of the Subdivision of Lot 2 of the South 165 feet of Lot 190 in Union
Addition to the City of Dubuque, Dubuque County, Iowa, according to the
recorded plat thereof. (799 Rush 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. 365-19 of the City
Council of the City of Dubuque adopted the 7th day of October 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 7th day of October 2019 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
By: -' .s
Jakeos, Mayor Pro Tem
soo
1A2"
City clerk
Attest:
By:
Kevin S. Iirnstahl, City Clerk
STATE OF IOWA
COUNTY OF DUBUQUE
SS
On this 7 day of 0,✓' , 2019, before me a Notary Public in and
for said County, personally appeared Jake A. 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 and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
Notary Public in and for Dui, "que County, Iowa
i
PAMELA J. McCAHRON
Commission Number 772419
My Comm. Exp. -�,
RESOLUTION NO. 339-19
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 799 Rush Street (the Property)
legally described as:
Lot 1 of the Subdivision of Lot 2 of the South 165 feet of Lot 190 in Union
Addition to the City of Dubuque, Dubuque County, Iowa, according to the
recorded plat thereof; and
WHEREAS, the City acquired the Property by petition as an abandoned property for
the purpose of demolishing the structure and selling the lot to an abutting property owner;
and
WHEREAS, Eric and Beth Hemmer are the abutting property owners and the intention
is to consolidate both the existing parcel at 795 Rush Street and the Property into one
parcel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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 7th day of October 2019 beginning at 6:00 p.m.
Section 2. That 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 16th day of September 2019.
Roy D. Buol, Mayor
ATTEST:
Keen S. Flrnstah1, City Clerk
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. 339-19 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 17th day of September, 2019.
Ke/in S. Firnstahl, GI/IC, 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. 365-19
DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 799 RUSH
STREET, IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City Council, by Resolution No. 339-19, dated September 16, 2019,
declared its intent to dispose of City interest in real property located at 799 Rush Street,
legally described as:
Lot 1 of the Subdivision of Lot . 2 of the South 165 feet of Lot 190 in Union
Addition to the City of Dubuque, Dubuque County, Iowa, according to the
recorded plat thereof
;and
WHEREAS, pursuant to published notice, a public hearing was held on the proposed
disposition on October 7, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
WHEREAS, Eric and Beth Hemmer have signed an offer to purchase; and
WHEREAS, the City of Dubuque will consolidate the parcel at 795 Rush Street with the
parcel at 799 Rush Street; 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 Eric and Beth Hemmer.
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 1 of the Subdivision of Lot 2 of the South 165 feet of Lot 190 in Union
Addition to the City of Dubuque, Dubuque County, 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 Eric and Beth Hemmer for
the herein -described real estate.
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 7th day of October 2019.
Ja)e "A. Rios, Mayor Pro Tem
Attest:
Kev, r Firnstahl, MC, City Clerk
STATE OF IOWA {SS: �
DUBUQUE COUNTY
�
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�
CERTIFICATION OF PUBLICATTON �
��
Cn'Y OF DUBUQUE, :_I ��
IOWA I
OFFICIAL NOTICE
I, Suzanne Pike, a Billing Clerk for Woodward PUB�ic—NOTICE �s I ` G a, TiME ANo ;;
hereby given that the PLqCp FOR HEAftBNG �
Communications, Inc., an Iowa corporation,publisher City Council'of,the City i AIVD PROVIDING FOR �
of Dubuque, lowa, will I THE PUBLLCATION`OF ;I
of the Telegraph Herald, a newspaper of general hold 'a publie heanng ;.woT�cE THeReoF
circulation published in the City of Dubuque, County ber 2019tat�6 00 p mct n � D buqueAslowa tc;ty> '
the Historic .Fetleral l owns,799:Rush Street
of Dubuque and State of Iowa; hereby certify that the Building s5o west 6tn! cme Prope�y� iegaiiy � '�
Street, 2nd floor, pu-I described as
attached notice was ptiblished in said newspaper on the buque, fowa at which Lot 1 of the 5ubd'ivi- �
following dates: meeting the city coun- sion ot �ot 2 of fhe � j;
cil pro pose s.t o d i s p o s e I S o u t h 1 6 5'feet of 6ot ; 1
of an interest in the fol- 190 in Union Addition ' �
September 20, 2019, lowing described real to the City'of Dubuque, �
property by sale to Eri c I Q u b u q u e C o u n t y,l o w a I'
an d Beth Hemmsri `accortlmg';to the re
and for which the char e 15 �43.40 , Lot l of the Subdivi- ,corded plat thereof i 'I
� '�.sion ot Lot 3��of the I'and `��� � � '
� ; South 165 feet �f Lot �UVNEREqS;�the City � �j
� ` 190 in Umon Add�tion-.I�acqwred, the Property �
to the'L�ity of Dubuque, ;�6y petition�as an aban- ' i
Dubuqu�County,:low�, ;,doned propeft�„for�fie �, �
according �to �i the i
, � purpose of demblishing , �,
recorded plat thereof i the structure antl s II- �
Subscribed to before me, Ota1y �u�I1C lri ariCl fOT �799 Rush str�et> ' ; ing the lot ta an abut
At the meetin the tin I!'�
� Cit B' I �, 9 prop�rty ov✓ne�; ,� ��
Dubuque County, IOW2, Y Cauncil will re= -and ^;
ceive oral and written I � WHEREAS Eric`antl
���commerlts from ��any� I Beth Hemmer are�t�e �, ��
' 20 I� resident,.or p,roperty. °abutYing•pr'operty own- i �
this day of � owner of said'City to.; ers and the intention is � �j
the above action.Writ-� to-consolidate both the !
ten comments`regard- existing parcel at 795 ' I
\ �ng the.,above��public Rush Streefi and the �
hearing may,be sub-I "Property into one par- � �
� mitted to the City cel: ��z �� � �
Clerk's Office,City Hall,�i NOW THEREfORE,BE i�
Nota Pu l c in and for Dubu U0 C U11t IOWa. I `SQ W'13th SYreet,on oril IT RESOLU,ED SY THE ' ��
� � Y� before said time;ot CITY COUNCIL��OF THE �
�public hearrog. �� , GIP✓ , p� DUBU.pUE; I ji
� Copies of sUppo'rting� i IO,WA �� i �
documents for the pub Section 1 •That the '
$o`�tas 8� ����.�� ���� Iic hearings are on file�I City CoUncil shall con- �
r Cammisaion Number�999655 Qn the City Clerk's�of , �duct a publ�c hearin°g� �
�owA
�}�Ca�1�1 �X� �EC 11 �a19 fice and; may be' on the propo'sad dispo-', ' �
� � viewed du'rmg normal sition of real estate,-in �
working hours . � the.City Counci�Cham-
Lndividuals wrth-limit ' bers dt the' Historic '
ed English'proficiency � Federal Buildmg,:"350 ' �
vision h'earing or 1 V1/. `6th -Street, .Du-: Q
;speech - 'rmpairments I buque lowa on the 7th �
requiring 5pecial assis • day:of 0'ctober 2019 I
tance should contdct'i beginnmg at 6:00 p,m, - �
the City Cl,erk s Of�ice Section 2.`'That Yhe �
at(563) 589-4100, TDD � City, Clerk be and is �
(563) . 690=6678, cty- � hereby,authorizetl and
clerkC�cityofdubuque. directed to'publish no:-
org as soon as feasible. � tice'of the public,heae-
Dated this20th day of i ing >, in the form
5eptember 2019 ;.' I attached hereto, ac- '
Kevin S Firnstahl, � cording to law:'
CMC,City Clerk Passed,approved and
RESOLUTION I i adopted,this`l6th day
NO.33,9-19, � of September 2019.
INTEN7 TO DISPOSE i Roy D.Buol,Mayor,
OF AN INTERE3T�'IN �:AttestKevinS.��
CITY OF pUBUQUE � , Firnstahl,City Clerk
REpL ESTATE, SETs E 1t.9/�0
s
I
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. 365-19 and associated
Certificate 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 9th day of October, 2019.
Kevin/S. Firnstahl, CMC, City Clerk
Y
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Doc ID: 010429360002 Type GWH
Kind: GROUNDWATER HAZARD
Recorded: 01/27/2020 at 04:27:15 PM
Fee Amt: $0.00 Page 1 of 2
Dubuque County Iowa
John Murphy Recorder
Fi1e2020-00000317
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 Eric & Beth Hemmer
Address 795 Rush Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
799 Rush Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) Lot 1 of the Subdivision of Lot 2 of the South 165
feet of Lot 190 in Union Addition to the City of Dubuque, Dubuque County, 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)
2020-1 i 4
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
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:
Transferor or Agent)
Telephone No.: (563) 589-4381
FILE WITH RECORDER
DNR form 542-0960 (July 18, 2012)