Intent to Dispose of Property at 981 High Bluff Street_Hearing Copyrighted
February 4, 2020
City of Dubuque Public Hearings # 1.
ITEMTITLE: IntenttoDisposeofPropertyat981 HighBluffStreet
SUMMARY: Proof of publication on notice of public hearing to consider
disposing of City-owned real property located at 981 High
Bluff Street to Bethany Home, and the City Manager
recommending approval.
RESOLUTION Disposing of City interest in real estate
located at 981 High Bluff Street in the City of Dubuque,
lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Sale of City Owned Property at 981 High Bluff-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Disposing of Property Resolutions
Special Warranty Deed Supporting Documentation
Offer to Buy Supporting Documentation
Proof of Publication Supporting Documentation
Dubuque
THE CITY OF �
AIFMerisa Cfh
DuB E 'ill �'
Master iece on� tl2e Mississi i zoo�•zo�z•zo�3
P PP zoi�+zoi9
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 981 High Bluff
DATE: January 27, 2020
The City acquired 981 High Bluff through petition as an abandoned property for the
purpose of deconstructing the structure. During the petition process, this property
continued to deteriorate. Due to abandonment by the owner, the City had to maintain the
grass and ensure it remained secure.
Housing and Community Development Director Alexis Steger requests the City Council
approve of the disposition of City-owned real property located at 981 High Bluff to
Bethany Home, a neighboring property owner, who intends to deconstruct 981 High
Bluff and maintain the land for its private use and approve the Special Warranty Deed
conveying the property to Bethany Home.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:as
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alexis 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: Hold Public Hearing for the Sale of City-owned Property at 981 High Bluff
DATE: January21, 2020
Introduction
The purpose of this memorandum is to hold a public hearing for the purpose of disposing
of City-owned real property located at 981 High Bluff.
Discussion
The City acquired 981 High Bluff through petition as an abandoned property for the
purpose of deconstruct the structure. During the petition process, this property continued
to deteriorate. Due to abandonment by the owner, the City had to maintain the grass and
ensure it remained secure.
Bethany Home is a neighboring property and will deconstruct 981 High Bluff and maintain
the land for its private use.
Recommendation
I respecffully request the City Council conduct a public hearing on February 4, 2020 for
the intent to dispose of 981 High Bluff to the neighboring property owner for
deconstruction. Furthermore; I respecffully request City Council approval to provide a
Special Warranty Deed to the buyer, conveying the City's interest in 981 High Bluff to
Bethany Home
Cc: Crenna Brumwell, City Attorney
RESOLUTION NO. 42-20
DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 981 HIGH BLUFF
STREET, IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City Council, by Resolution No. 29-20 dated January 21, 2020,
declared its intent to dispose of City interest in real property located at 981 High Bluff
Street, legally described as:
North 48.8 feet of the East half of Lot 37 in Hooper's Addition to 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 February 4, 2020, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
WHEREAS, Bethany Home has signed an offer to purchase; 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 Bethany Home.
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:
North 48.8 feet of the East half of Lot 37 in Hooper's Addition to 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 Bethany Home 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 4th day of February 2020
Attest:
9
Roy D. Buol, Mayor
Kevi4 Firnstahl, CMG, City Clerk
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:
Bethany Home
1005 Lincoln Avenue
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
Bethany Home, a non-profit organization, the following legally described real estate
situated in the County of Dubuque, State of Iowa, to wit (the Property):
North 48.8 feet of the East half of Lot 37 in Hooper's Addition to the City of
Dubuque, Iowa, according to the recorded plat thereof (981 High Bluff 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. z bf the City
Council of the City of Dubuque adopted the 4th day of February, 2020, 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 4th day of February, 2020 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
By:
Roy D. Buol,A ayor
119 41
Attest:
By:
Kevin S. ',irnstahl, Ci y Ierk
STATE OF IOWA
COUNTY OF DUBUQUE
On this day of
SS
, 2020, before me a Notary Public in and
for said County, personally appearedRoy D. Buol and Kevin S. Firnstahl 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.
I I i1
— .ems �
.,. m,. .�lli.
Notary Public in and County, Iowa
PAMELA J. M9cCARRON
Commission Number 772419
y Comm. Exp. q-f
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Dubuque, lowa, 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, lowa, locally known as 981 High Bluff Street, Dubuque, IA
52001 and legally described as:
North 48.8 feet of the East half of Lot 37 in Hooper's Addition to the City of
Dubuque, lowa, 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 July 1, 2018 to June 30, 2019 (payable September, 2019 and
March, 2020), and real estate taxes, including any tax sale certificates, for prior years.
Seller shall also pay prorated real estate taxes for the fiscal year July 1, 2019 to June 30,
2020, prorated, however, to 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
1
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same.
SECTION 7. POSSESSION a4ND CLOSING.
7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be
delivered to Buyer on or before January 31, 2020, 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, lowa law, and title
standards of the lowa 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
lowa 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
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permitted by Buyer.
SECTION 12. CONTRACT BINDING OM 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.
SECTIpN 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
lowa 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. Thereafterthis contract may be foreclosed
in equity and the Court may appoint a receiver.
18.2 If Seller fails to timely pertorm this contract, Buyer has the right to have all payments
made returned to it.
3
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
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.
Bethany Home
c/o Mark Willging
890 Main Street, Suite 200
Dubuque, IA 52001
City of Dubuque
Attn: Alexis Steger
50 W. 13�h 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. Ifthis Offer is not accepted and delivered to Buyer on or before
5:00 p.m. on January 6, 2020, 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, lowa in its sole discretion. If the City Council of the City of Dubuque, lowa 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 Buyer agrees to demolish the residence on the Property and appropriately
4
maintain the land by June 1, 2020.
25.3 The terms of Section 25 shall in all respects survive the closing.
SELLER BUYER
CITY OF DUBUQUE, IOWA BETHANY HOME
By: By: lih�z.-et i\• . i'�`�z�,r,2��
Roy D. Buol, Mayor Jan ayertz, President
Dated: Dated: �° �' ���'a a
s
STATE OF IOWA {SS:
DU�iJQUE COUl�TTY �
CERTIFICATION OF PUBLICATION
�
1
li
I, Suzanne Pilce, a Billing Clerlc for Woodward �
Communications, Inc., an Iowa corporation, publisher �
of the Telegraph Herald, a newspaper of general i
circulation published in the City of Dubuque, County c�ry oF uusuQue, ' �
of Dubuque and State of Iowa; hereby certify that the oFF�c�:a°WnioTic� '
pu��r� rvoricE is'� �
attached notice was published in said newspaper on the heree„ g;�en tnat tne� I
City Council,of the City' �
followin dates:
g of pubupue„lowa,will'
� hbid a public hearing'� ���
Januar 24 2020 °° �� 4tn dav of
y > > February 2020 at G:00�� �
p.m. in the Hjstoric
Federal Building, 350'
�x1C� fOP W111C11 t11e C11aY'g0 1S $44.33 west sixth street, znd dubuque.org as soon' i
floor, Dubuque, lowa,' as, feasible. Deaf or
at which meeting fhe hard-of-hearing indi-
City Council propos,es vid'uals.,can use �2elay;' �'
to dispose:'of an�,inter-' lowa.by�dialing 711,br_�I �
est in Yhe fqllowing'de- ($OU)7352gq2, Y
� seribed ,real property� Dated this 24th day of,� j
C b sale to Bethany �
y i January20Z0.' I
Home Kewn S.Firnstahl ,�
North 48.8;feet of tlie� CMC;Gity G�Ierk ' '
Subscribed to Uefore me, a Notary Public in and for k"East half of Lot 37 �in 'RESOLt1410N �i
Mooper's Addition to . N0.29=20 '- �
DU�UC�UO COUTlty, Iowa, the City of Dubuque, �NTENT TO DIS6+OSE
1owa, according to the OF AN INTEREST IN: f;
recorded plat thereof. CITY OF- DUBUQU� ' ll
1 (Locally known as 981 R�� �TAYE. 5ET• I 1
t�11S 3l day of �/�� � Z�C,� Hi'gh BluffStreet) TONG A 71ME ANq '' i
—�— Copies of supportmg PLACE FOR HEARING'
documents.forthe.pub- AND:PROdIDING FpR'
lic hearings are on'file THE-PUBI.ICAFION OF;
in'the City.Clerk's Of-� NOTICE THEREOF
� fice City Hall, 50 W: WHERE4S,the City.of� CITY COUNCIL OF;THE '1
13th St., Dubu ue; Dubuque lowa (City) CITY OF ' DUBUQU� I�
lowa and :tpa p owns 981 High Bluff� ��WATHAT, , � �i
NOtaY'y PUbI1C lri 2riCl fOY DUbUC1U0 COttrity, Iowa. v be street {the P�operty),� section 1, rhe;city ' �
viewed during normal legally described as Council'sliall conduet a ; II
working Y�ours ,- North 48.8'feet of the� DUblic hearing on"the
Written cor�iments re- , East half of Lot 37 in" pro osed dis osition of. �
•r°''"+�P dANE'T K. Pb'kPE gardmgthe above pub:�� p p
� + lic heanngs`,ma be� -Hooper's AddiEion to �: real estate in'tlie City i�
� � " Coa��issio�Nu►mber 798859 �' the City of bubuque, Council :Chambers at �
sutimitted to'the G�t�'!.' lowa,'according to�he the Historic Federal ggg
•�, M'p COR1311.EXp.C1EC 11,2022 Clerk's'Offi�e, 50 W. � recorded plat thereof; ' Building, 350 W,' 6tYi'
13th St., Dubuque, IA �
52001, on or before , and Street, Dubuque, Jowa
said time of public WHEREAS, the City ! on the '4th day; of �
� hearin At said time acquired tF1e Property ' February"2020 begirn ;
9� ' by petition as an aban- � ning at 6:00 p.m. .
� and place, of .public doned property for the"� Section 2, The City '�
hearings all interested I purpose of demolisliin � Clerk be an is hereby �
citizens and: parties a the structure and sell�- j authorized'and direct-
will pe given an oppor,` �ng the lot,to an abut-, ed to putilish.notice of_'
tunity to be Fieard for
oragainstsaitlproposal. ' ting prope�ty owner;-' the public hearing in
Intlividuals with limit-,.i and � the form.attached here- i
ed English proficiency,,.i WHEREqS 8ethany;j to,according to law.:
visidn he�aring or,a � Home'°is an ab'uttin� � Passed,approved�and�i
speech impairr»ents or ' Property owner and the adopted :this 2ist.;day ''
requiring special assis- , intention is to demolish ofJanuary2020.
tance should 'contact ; the residence and ap- /s/Ric W.aones,Mayor
the City Clerk's Office Rropriately maintain ' Pro Tem
at (563) 589-4100, theland. Attest:/s/Kevin S.
TDD/TTY (563) 690-. NOW,THEREFORE,BE Firnstahl,City Clerk. d
6678, ctyclerka�Cityof- IT RESOLVED BY THE lt 1/24 �
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THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ. \`'\
C
CITY ATTORNEY
To: Jenny Larson
Director of Finance & Budget
DATE: February 13, 2020
RE: 981 High Bluff Street
We have closed on the above -referenced property.
Attached please find:
1. The original Closing Statement with $1.00.
2. A copy of the special warranty deed and groundwater hazard statement. These
documents will be 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, Director of Housing & Community Development
of-i3 ,D
Date
Seller:
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
Purchase Price
Closing Statement
981 High Bluff Street
Closing Date: February 13, 2020
Buyer:
Bethany Home
1005 Lincoln Avenue
Dubuque, IA 52001
$1.00
I have reviewed the Closing Statement and agree to the above disbursements.
SELLER: CITY OF DUBUQUE, IOWA
3LLL\
•y. renna Brumwell Date
City Attorney
BUYER: BETHANY HOME
.. wwwmr�
By: Sue Westmark
Administrator
THIS NOTE IS LEGAL TENDER
FOR ALL DEBTS, PUBLIC AND PRIVATE
B 80156050 F
B 80156050 F
WASH RGTOW,D.C.
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:
Bethany Home
1005 Lincoln Avenue
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
Bethany Home, a non-profit organization, the following legally described real estate
situated in the County of Dubuque, State of Iowa, to wit (the Property):
North 48.8 feet of the East half of Lot 37 in Hooper's Addition to the City of
Dubuque, Iowa, according to the recorded plat thereof (981 High Bluff 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. the the City
Council of the City of Dubuque adopted the 4th day of February, 2020, 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 4th day of February, 2020 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
: B �`
Y
Roy D. Buol, ayor
Attest:
By:
Kevin S. ' irnstahl, Ci y Jerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this day of , 2020, before me a Notary Public in and
for said County, personally appeared y D. Buol and Kevin S. Firnstahl 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.
Notary Public in and ft'r/Dubuque County, Iowa
PAMELA J. McCARRON
Commission Number 772419
My Comm. Exp. ¥-5=2.3-f
RESOLUTION NO. 29-20
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 981 High Bluff Street (the Property)
legally described as:
North 48.8 feet of the East half of Lot 37 in Hooper's Addition to 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 demolishing the structure and selling the lot to an abutting property owner;
and
WHEREAS, Bethany Home is an abutting property owner and the intention is to
demolish the residence and appropriately maintain the land.
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 4th day of February 2020 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 21 st day of January 20
Ric W. s, Mayor Pro Tem
Attest:
Kern '
S.Firnstahl, 6ty 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. 29-20 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 22nd day of January, 2020.
Kevin S. Firnstahl, CMC, City Clerk
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RESOLUTION NO. 42-20
DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 981 HIGH BLUFF
STREET, IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City Council, by Resolution No. 29-20 dated January 21, 2020,
declared its intent to dispose of City interest in real property located at 981 High Bluff
Street, legally described as:
North 48.8 feet of the East half of Lot 37 in Hooper's Addition to 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 February 4, 2020, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
WHEREAS, Bethany Home has signed an offer to purchase; 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 Bethany Home.
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:
North 48.8 feet of the East half of Lot 37 in Hooper's Addition to 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 Bethany Home 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 4th day of February 2020
1-11 i1< 1)'
Roy D. Buol, Mayor
Kevih Firnstahl, CMO-, City 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. 42-20 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 February, 2020.
Keviry'. 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 Bethany Home
Address 1005 Lincoln Avenue, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
981 High Bluff Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) North 48.8 feet of the East half of Lot 37 in
Hooper's Addition to 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 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)