Sale of City-Owned Property at 1293 Walnut_Hearing Copyrig hted
February 1, 2021
City of Dubuque Public Hearings # 1.
City Council Meeting
ITEM TITLE: Sale of City-Owned Propertyat 1293 Walnut
SUM MARY: Proof of publication on notice of public hearing for City Council approval
of a resolution approving the disposal of 1293 Walnut Street to
Affordable Housing Network, I nc. for$1.00, and City Manager
recommending approval.
RESOLUTION Disposing of City interest in Real Property by Deed to
Affordable Housing Network, I nc.
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
1293 Walnut Sale-MVM Memo City Manager Memo
Staff Memo Staff Memo
Supporting Staff Memo- Zoning Staff Memo
Resolution Resolutions
Purchase Agreement Supporting Documentation
Dubuque
THE CITY OF �
Ail•Aoeriea Ciry
DuB E , . � ,
I � � I.
Maste iece on the Mississi 1 zoo�•zoiz•zois
rP Pp zoi�*Zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sale of City-Owned Property at 1293 Walnut
DATE: January 28, 2021
Housing and Community Development Director Alexis Steger recommends City Council
approval of a resolution approving the disposal of 1293 Walnut Street to Affordable
Housing Network, Inc. for $1.00.
This property was identified to have great potential to rehabilitate and sell it to an
income-qualifying household under 80% median income. The City strives to provide
affordable homeownership opportunities throughout the City of Dubuque. The
Affordable Housing Network has partnered with the City to further this goal.
When the City of Dubuque or its partners rehabilitate properties for homeownership, a
21-year covenant requiring homeownership for the property is executed. In the contract
with Affordable Housing Network, they are required to place this covenant upon sale of
the property; therefore, the 21-year homeownership covenant is not part of the City
Council action on February 1, 2021, but will be placed by Affordable Housing Network
according to the already established contract with the City of Dubuque.
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
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
THE CITY OF �
All-Ameeisa Ciiy
Du B E �.� �,�
� I �,I�
II
Maste iece on the Mississi 1 zao��zoiz�zois
� pp zoi�*zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
SUBJECT: Sale of City-owned property at 1293 Walnut
DATE: January 27, 2021
Introduction
The purpose of this memorandum is to request the City Council to hold a public hearing
for the purpose of disposing of City-owned real property located at 1293 Walnut Street.
Backqround
The property at 1293 Walnut Street has been a problem property for over a year. The
City took legal action by petitioning the courts for ownership, which was granted in
December 2020. Immediately after gaining ownership the porch collapsed; however, the
property is still viable for rehabilitation.
Discussion
An offer has been made by Affordable Housing Network to purchase the property at
1293 Walnut Street and the adjacent lot obtained through City petition.
This property was identified to have great potential to rehabilitate and sell it to an
income-qualifying household under 80% median income. The City strives to provide
affordable homeownership opportunities throughout the City of Dubuque. The
Affordable Housing Network, Inc (AHNI) has partnered with the city to further this goal.
When the City of Dubuque or its partners rehabilitate properties for homeownership, a
21-year covenant requiring homeownership for the property is executed. In the contract
with AHNI, they are required to place this covenant upon sale of the property; therefore,
the 21-year homeownership covenant is not part of the City Council action on February
1, 2021, but will be placed by AHNI according to the already established contract with
the City of Dubuque.
The zoning of these properties is R-2 Two-Family Residential. The specifics of the
requirements for this zoning is described in the attached memo from Planning Services
Manager Wally Wernimont.
Recommendation
I respectfully request the City Council hold a public hearing and approve the attached
resolution approving the disposal of 1293 Walnut to Affordable Housing Network, Inc.
Dubuque
THE CITY OF �
AIFA�erisaCily
Du 8 E �.r��������,:k�:
rI � I ��r
Maste iece on the Mississi Z 2007*2012•2013
� pp zoi�*zoi9
TO: Alexis Steger, Housing & Community Development Director
FROM: Wally Wernimont, Planning Services Manag r�
DATE: January 20, 2021
RE: Zoning Information for 1293 Walnut Street
INTRODUCTION
The purpose of this memo is to provide zoning information as it relates to the properties
located at 1293 Walnut Street.
BACKGROUND
At their January 19, 2021 meeting, the City Council set a public hearing to dispose of
the property at 1293 Walnut Street. The City Council inquired about the zoning
regulations for the property and what could be built on the vacant lot that is associated
with 1293 Walnut Street.
DISCUSSION
The subject property at 1293 Walnut Street is composed of the following two lots:
• • � � •
. . . .
• - 10.24.354.016 10.24.354.015
LOT 15 & N1/2 LOT 14 E 150' OF LOT 5 OF
� � � � � BISSELLS DUBUQUE CITY LOT 740
• • • - 36 feet 40 feet
• � - • 150 feet 150 feet
• � - 5,400 sq ft 6,000 sq ft
• � Yes - West 11 th Street Yes - West 11 th Street
. . �
R-2 Two-Family R-2 Two-Family
Residential Residential
As noted in the previous table, both lots are zoned R-2 Two-Family Residential and
located in the West 11t" Street Historic District. In an R-2 Two-Family Residential
zoning district, single-family detached dwellings, townhouses (max two dwelling units)
and duplexes are permitted uses.
The following are the Bulk Regulations for the before mentioned structures.
- . .
. - . � � � � ' ��
. . -
. � -
Permitted Uses:
Single-family detached 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 6 ft. 20 ft. 30 ft.
dwelling
Townhouse 3,000 sq. ft 25 ft.
(2 Dwelling Unit Max) per DU per DU 40% 20 ft. 50 ft. 6/0 ft. 20/0 ft. 30 ft.
Two-family dwelling 6,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 6 ft. 20 ft. 30 ft.
The southern lot contains a single-family home and provides two paved off-street
parking spaces. If this building were converted to a duplex, the Zoning Board of
Adjustment would need to approve a Special Exception to allow a duplex on 5,400 sq ft
lot where a minimum of 6,000 sq ft of minimum lot area is required. Also, two additional
paved off-street parking spaces would need to be provided.
The northern lot is vacant and is a legal non-conforming lot because it does not have
the minimum required 50 ft. of lot frontage as required in an R-2 Two-family Residential
Zoning District.
Unified Development Code Section 16-4-5 Nonconforming Lots allows:
"On any single, lawful nonconforming lot located within a zoning district which
permits single-family detached residential dwellings, one such dwelling may be
constructed by right, provided that setbacks (yards), height, lot coverage, and off-
street parking requirements of the zoning district within which the parcel is
located are complied with, and all appropriate permits are obtained prior to any
construction activity."
A single-family home may be constructed on the vacant lot along with two required
paved off-street parking spaces. If a duplex were to be built on the lot, the Zoning
Board of Adjustment would need to approve a Special Exception to allow a duplex on lot
with 40 ft of street frontage where a minimum of 50 ft of street frontage is required.
Also, four paved off-street parking spaces would be required to be provided on site.
2
In addition, because these properties are in the West 11t" Street Historic District, the
Historic Preservation Commission would review any exterior changes that require a
building permit and are viewable from the public right-of-way (street, alley, public steps,
etc.). In the case of the vacant lot, if a structure (single-family home, duplex) where to
be built, the HPC would review the building design.
REQUESTED ACTION
No request action is required at this time. This memo is being provided for information
purposes only.
Thank you.
3
Prepared by Alexis Steger, Housing & Community Devel 350 W 6th St Suite 312 (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 27-21
DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO AFFORDABLE
HOUSING NETWORK, INC
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real
property (the Property):
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot 740 in the City
of Dubuque, Iowa; and Lot 15 & the Northerly Y2 of Lot 14 in "F. E. Bissell's
Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa,
according to the recorded plats thereof; and
locally known as 1293 Walnut Street; and
WHEREAS, the City received an offer to purchase this property from Affordable
Housing Network, Inc; and
Whereas, the City Council, by Resolution No. 16-21, dated January 19, 2021,
declared its intent to dispose of City interest in the Property; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on February 1, 2021 at 6:30 p.m. in the Historic Federal Building, 350 W. 6tn
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Purchase
Agreement for the sale of the Property to Affordable Housing Network, Inc. according to
the terms and conditions set out in the Purchase Agreement is in the public interest of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1. The Purchase Agreement by and between the City of Dubuque and
Affordable Housing Network, Inc. for the sale of the Property, a copy attached hereto, is
hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and deliver
a Special Warranty Deed, disposing all of the City's interest in the Property to Affordable
Housing Network, Inc.
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,
together with a certified copy of the Resolution.
Passed, approved, and adopted this 1st day of February, 2021.
Roy D. BAf, Mayor
Attest:
OA��L'7v '�/' &'Z44A61-
Adrienne Breitfelder, City Clerk
RESIDENTIAL PURCHASE AGREEMENT
TO: City of Dubuque, a municipal corporation (SELLERS)
The undersigned BUYERS hereby offer to buy and the undersigned SELLERS by their acceptance
agree to sell the real property situated in Dubuque County Iowa, locally known as
1293 Walnut Street
and legally described as:
The Easterly J 50 feet of Lot 5 of the Subdivision of Out Lot 740 in the City ofDubuque, Iowa, and
Lot 15 & the Northerly V2 of Lot 14 in "F. E. Bissell's Dubuque, being the South half of Out Lot 740"
in the City of Dubuque, Iowa, according to the recorded plats thereof,
together with any easements and appurtenant servient estates, but subject to any reasonable easements
of record for public utilities or roads, any zoning restrictions, customary restrictive covenants and,
mineral reservations of record, if any, herein referred to as the "Property," upon the following terms
and conditions provided BUYERS, on possession, are permitted to use the Property for residential,
purposes:
I PURCHASE PRICE. The Purchase Price shall be $ 1.00 and the method of
payment shall be as follows: $ 0.00 with this offer to be deposited upon
acceptance of this offer and held in trust by as earnest money to be
delivered to the SELLERS upon performance of SELLERS' obligations and satisfaction of
BUYERS' contingencies, if any; and the balance of the Purchase Price:
a) in cash at the time of closing with adjustment for closing costs to be added or deducted from
this amount. This Agreement is not contingent upon BUYERS obtaining such funds.
b) upon the te..... sp—ified in altefnative of the Finaneing Addendum to Residetitial--
PurehaseAgreement as initialed and affaehed hereto and ineerporated IL--ft.
2. REAL ESTATE TAXES,
A. SELLERS shall pay all real estate taxes that are due and payable as of the date of possession
and constitute a lien against the Property, including any unpaid real estate taxes for any
prior years.
B. SELLERS shall pay their prorated share, based upon the date of possession, of the real
estate taxes for the fiscal year in which possession is given (ending June 30, 2021 ) due
and payable in the subsequent fiscal year (commencing July 1, 2021 ),
BUYERS shall be given a credit for such proration at closing (unless this agreement is
for an installment contract) based upon the last known actual net real estate taxes payable
according to public record. However, if such taxes are based upon a partial assessment of the
present property improvements or a changed tax classification as of the date of possession, such
0 The Iowa State Bar Association 2021 Form No. 152, Residential Purchase Agreement
Iowal)ocsO Revised June 2019
proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks
and real estate tax exemptions that will actually be applicable as shown by the Assessor's
Records on the date of possession.
C. BUYERS shall pay all subsequent real estate taxes.
3. SPECIAL ASSESSMENTS.
A; SELLERS shall pay in full all special assessments which are a lien on the Property as of the
date of acceptance January 18, 2021
B. If "A" is stricken, then SELLERS shall pay all installments of special assessments which are
a lien on the Property and, if not paid, would become delinquent during the calendar year
this offer is accepted, and all prior installments thereof,
C. All charges for solid waste removal, sewage and maintenance that are attributable to
SELLERS" possession, including those for which assessments arise after closing, shall be
paid by SELLERS.
D. Any preliminary or deficiency assessment which cannot be discharged by payment shall be
paid by SELLERS through an escrow account with sufficient funds to pay such liens when
payable, with any unused funds returned to SELLERS.
E. BUYERS shall pay all other special assessments.
4. RISK. OF LOSS AND INSURANCE. SELLERS shall bear the risk of loss or damage to the
Property prior to closing or possession, whichever first occurs. SELLERS agree to maintain
existing insurance and BUYERS may purchase additional insurance. In: the event of substantial
damage or destruction prior to closing, this Agreement shall be null and void; provided, however,
BUYERS 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 elate
S. POSSESSION AND CLOSING, If BUYERS timely perform all obligations, possession of the
Property shall be delivered to BUYERS on February 15, 2021 , and any adjustments of
rent, insurance, taxes, interest and all charges attributable to the SELLERS' possession shall be
made as of the date of possession.. Closing shall occur after approval of title by buyers" attorney and
vacation of the Property by SELLERS, but prior to possession by BUYERS. SELLERS agree to
permit BUYERS to inspect the Property within 0 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.
This transaction shall be considered closed (upon the filing of title transfer documents) fapen4he—
and receipt of all funds then due at closing
from BUYERS under the Agreement.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are
specifically adapted to or are a part of the real estate, whether attached or detached, such as:
attached wall-to-wall carpeting, built-in appliances, light fixtures (including light bulbs), water
softeners (except rentals), shutters, shades, rods, blinds, venetian blinds, awnings, storm windows,
storm doors, screens, television antennas (including satellite dishes), air conditioning equipment
(except window type), door chimes, automatic garage door openers, electrical service cables,
attached mirrors, fencing, gates, attached shelving, bushes, trees, shrubs and plants. Also included
shall be the following:
All currently resent at the property
The following items shall not be included:
Q The Iowa State Bar Association 2021 Form No.152, Residential Purchase Agreement
IowaDocs8 2 Revised Junte2019
GROUNDWATER HAZARD STATEMENT showing no wells, private burial sites, solid
waste disposal sites, private sewage disposal system, hazardous waste and underground
storage tanks on the Property unless disclosed here: None
b) BUYERS may at their expense, within days after the date of acceptance, obtain a
report from a qualified engineer or other person qualified to analyze the existence or nature
of any hazardous materials, substances, conditions or wastes located on the Property. In the
event any hazardous materials,substances, conditions or wastes are discovered on the
Property, BUYERS' obligation hereunder shall be contingent upon the removal of such
materials, substances, conditions or wastes or other Resolution of the matter reasonably
satisfactory to BUYERS. However, in the event SELLERS are required to expend any sum
in excess of $ to remove any hazardous materials, substances,
conditions or wastes, SELLERS shall have the option to cancel this transaction and refund
to BUYER all Earnest Money paid and declare this Agreement null and void. The expense
of any inspection shall be paid by BUYERS.. The expense of any action necessary to
remove or otherwise make safe any hazardous material, substance, conditions or waste shall
be paid by SELLERS, subject to SELLERS' right to cancel this transaction as provided
above.
11. DEED, Upon payment of the purchase price, SELLERS shall convey the Property to BUYERS by
Special Warranty deed, free and clean of all :Liens, restrictions, and
encumbrances except as provided in this Agreement. General warranties of title shall extend to the
time of delivery of the deed excepting liens or encumbrances suffered or permitted by BUYERS.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE, If SELLERS; immediately
preceding acceptance of the offer, hold title to the. Property in joint tenancy with full right of
survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the
SELLERS, then the proceeds of this sale, and any continuing or recaptured rights of SELLERS in
the Property, shall belong to SELLERS as joint tenants with full rights of survivorship and not as
tenants in common; and BUYERS in the event of the death of any SELLER, agree to pay any
balance of the price due SELLERS under this contract to the surviving SELLERS and to accept a
deed from the surviving SELLERS consistent with Paragraph 15.
13. JOINDER BY SELLER'S SPOUSE. SELLER'S spouse, if not a title holder; immediately preceding
acceptance, executes this agreement only for the purpose of relinquishing all rights of dower,
homestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and
agrees to execute the deed or real estate contract for this purpose.
14. STATEMENT AS TO LIENS. If BUYERS intend to assume or take subject to a lien on the
Property, SELLERS shall furnish BUYERS with a written statement prior to closing from the
holder of such lien, showing the correct balance due.
15. 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.
16. APPROVAL OF COURT. If the Property is an asset of an estate, trust or conservatorship, this
Agreement is contingent upon Court approval unless declared unnecessary by BUYERS' attorney.
If the sale of the Property is subject to court approval, the fiduciary shall promptly submit this
Agreement for such approval. If this Agreement is not so approved by
either party may declare this Agreement null and void, and all
payments made hereunder shall be returned to BUYERS.
17, REMEDIES OF THE PARTIES.
A. If BUYERS fail to timely perform this Agreement, SELLERS may forfeit it as provided in
the Iowa Code (Chapter 656), and all payments made shall be forfeited, or, at SELLERS'
O The Iowa State Bar Association 2021 Form No. 152, Residential Purchase Agreement
Iowanocs�+3 4 Revised ,tune 2019
option, upon thirty days written notice of intention to accelerate the payment of the entire
balance because of BUYERS' default (during which thirty days the default is not corrected),
SELLERS may declare the entire balance immediately due and payable. Thereafter this
.agreement may be foreclosed in equity and the Court may appoint a receiver.
B. If SELLERS fail to timely perform this Agreement, BUYERS have the right to have all
payments made returned to them.
C. BUYERS and SELLERS are also 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.
18. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is
delivered by personal delivery or by certified mail return receipt requested, addressed to the parties
at the address given below;
19. CERTIFICATION. Buyers and Sellers 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 my breach of the foregoing certification,
20, GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the
essence. Failure to promptly assert rights herein shall not, however; be a waiver of such rights or a
waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors
in interest of the parties, This Agreement shall survive the closing. 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.
21. INSPECTION OF PRIVATE SEWAGE DISPOSAL; SYSTEM. Delete inappropriate alternatives
below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected.
A. Seller represents and warrants to Buyer that the Property is not served by a private sewage
disposal system, and there are no known private sewage disposal systems on the property.
ale sewagt—
B.
--,--tem an the Propetly. Seller and Buyer agree to Iflne- pra-visien seleeted in the
- " , -M dtim f6r inspeetion of Private Sewage Disposal System,
C.Seller an'-UFU, -A apee that this t
22. ADDITIONAL PROVISIONS; (check if applicable)
_ A. SALE OF BUYERS' PROPERTY. This Agreement is contingent upon the sale and settlement
of the BUYERS' property locally known as
on or before
If settlement has not been made by this date, the SELLERS may rescind this Agreement by giving
notice to BUYERS that unless sale and settlement of BUYERS' property is made within five (5)
business days of such notice, then this Agreement shall be null and void. Unless SELLERS give such
written notice, this Agreement shall remain valid until the sale of BUYERS' property,
Q The Iowa State Bar Association 2021 S Form No. 152, Residential Purebase Agreement
Iotivanoese Revised June 2019
SELLERS reserve the right to continue to offer the Property for sale. Should SELLERS receive
another offer which they desire to accept; BUYERS shall have days from the delivery of
written notice to waive the "contingency of sale." Notice from the BUYERS to the SELLERS,
removing the contingency of sale, shall be timely delivered to the SELLERS along with reasonable
,assurance that BUYERS can complete the purchase without the sale of property referenced above.
If BUYERS do timely remove such contingency, this Agreement will remain in full force ;and
effect (but without being contingent on the sale of BUYERS' property), If BUYERS do not timely
remove such contingency, SELLERS will immediately return to BUYERS all earnest money paid, this
Agreement will be of no further force and effect, and neither party will Have any further obligation to
the other hereunder.
B. TERMITE INSPECTION. at their expense shall have the Property
inspected for termites or other wood destroying insects by a licensed pest inspector prior to closing. If
active infestation or damage due to prior infestation is discovered, SELLERS shall have the option of
either having the Property treated; for infestation by a licensed pest exterminator and having any,
damage repaired to the BUYERS' satisfaction or, declaring this Agreement null and void and returning
all earnest money to BUYERS. This provision shall not apply to fences, trees, shrubs or outbuildings
other than garages. BUYERS may accept the property in its existing condition without such treatment
or repairs.
_ C. WELL TEST. SELLERS, at expense, shall provide BUYERS, within days
after acceptance of this offer, a report issued by the county health department,, or a qualified testing
service, indicating the location of any well on the Property and that water from each well (1) is safe for
its intended use and (2) is in sufficient quantity for its intended use, If BUYERS receive an
unsatisfactory report, the basis for which cannot be resolved between BUYERS and SELLERS within
days of receipt thereof, then 'upon written notice from BUYERS to SELLERS, this agreement
shall be null and void and all earnest money paid shall be returned immediately to BUYERS.
D. RADON TEST. Within days after the date of acceptance of this offer; SELLERS, at
expense, shall have the property tested for the presence of Radon gas by a qualified
professional and shall provide the written results of such test to BUYERS within the same time period.
If said results reveal the presence of Radon in the Property at a level greater than .4.0 pCi/L and
SELLERS do not agree to remediate the Property at SELLERS' expense such that the Radon levels in
the Property are reduced to a level below 4.0 pCi/L, then BUYERS shall have the option to terminate
this agreement, in which case all earnest money shall be returned to BUYERS and this Agreement shall
be of no further force or effect.
X E. NO REAL ESTATE AGENT OR BROKER. Neither party has used the services of a real estate
agent or broker in connection with this transaction. Each party agrees to indemnify and save harmless
the other party from and against all claii-is, costs, liabilities and expense (including court costs and
reasonable attorney's fees) incurred by the other party as a result of a breach of this representation,
which shall survive closing.
_ F. OWNERS' ASSOCIATION. If the property is subject to control by an association of owners,
this Agreement is contingent upon the timely satisfaction or waiver of those conditions set forth on the
Owners' Association Addendum attached hereto and by this reference made a part hereof. Buyers
may, before closing and no later than days after receipt of all responsive documents, elect to
cancel this Agreement by written notice of cancellation to Sellers. If Buyers elect to so cancel this
Agreement, then this Agreement shall be null and void and the earnest money paid by Buyers shall be
refunded. In the event Buyers do not timely .notify Sellers of cancellation, this Agreement shall be
binding and remain in full force and effect.
X G. OTHER: Attach Addendum.
See'Additional Provisions OTHER INFORMATION Addendum'
CQ The Iowa State Bar Association 2021 � Form No. 152, Residential Purchase Agreement
too}°aDoeso 6 Revised June 2019
ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not
accepted and delivered to BUYERS on or before January 18,.2021 ', this Agreement
shall be null and void and all payments made shall be returned immediately to BUYERS.
Accepted Fe6ruc,py dQQj
SELLERS WTY OF DUBUQUE
SS#:
SELLERS
SS#:
50 W. 13 Street, Dubuque, IA 52001
Address
Phone: k563) 583-4113
Dated ze zz
BUYERS
AFFORDABLE HOUSING NETWORK, INC,
BUYERS
SSM
5400 Kirkwood Blvd SW, Cedar Rapids,
IA 52404
Address
Phone: (319) 363-1403
(0 Tice Iowa State Bar Association 2021 Form No. 152, Residential Purchase Agreement
lowaDoes@ 7 Revised June 2019
Additional Provisions - OTHER INFORMATION - Addendum
CITY COUNCIL APPROVAL. This Agreement is subject to the approval of the City Council for the City of
Dubuque, Iowa,
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.
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 Blvd 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., a non-profit organization, the following legally
described real estate situated in the County of Dubuque, State of Iowa, to wit (the
Property):
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot 740 in the City of
Dubuque, Iowa; and Lot 15 & the Northerly Y2 of Lot 14 in "F.E. Bissell's
Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa,
according to the recorded plats thereof (1293 Walnut).
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. 27-2lof the City
Council of the City of Dubuque adopted the is t day of February, 2021, 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 2ndday of February , 2021 at Dubuque, Iowa.
CITY OF DUBUQUE, IOWA
By: y
Roy D. Buol, ayor
Attest:
By: aA�6X, A6�4�
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE )
On this A day of fe-Alu t t"t4 - , 2021, before me a Notary Public in and
for said County, personally appeared F� y D. Buol and Adrienne N. Breitfelder 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.
oak! <s KEW A MADLEV
o commission Number 808090
z My Commission Expires
December 26, 2023
Notary Pub4ic io and°for Dubuque County, Iowa
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
01/22/2021
and for which the charge is 66.78
Subscribed to before me, a Notary blic in and for
Dubuque County, Iowa,
this 22nd day of January, 2021
"A,- f�'
NotarT
blic in and for Dubuque County, Iowa.
,' .• JANET K. PAPE
= COrnMls.sia,n Number 19'9899
May caenm. Exp, DEC 11, 2,022
Ad text: CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa, will hold a public hearing on the 1st
day of February 2021, at 6:30 p.m. Due to the ongoing COVID-19
pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday,
January 29, 2021 and will contain listening, viewing, and
public input options. The City Council agenda can be accessed
at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
At said meeting the City Council proposes to dispose of an
interest in the following described real property by sale to
Affordable Housing Network, Inc, an Iowa non-profit
corporation:
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot
740 in the City of Dubuque, Iowa; and Lot 15 & the Northerly
of Lot 14 in "F. E. Bissell's Dubuque, being the South half of
Out Lot 740" in the City of Dubuque, Iowa, according to the
recorded plats thereof.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. Written comments regarding the
above public hearing may be submitted to the City Clerk's
Office, City Hall, 50 W. 13th St., Dubuque, IA 52001,
ctyclerk@cityofdubuque.org on or before said time of public
hearing. At said time of public hearing all interested
citizens and parties will be given an opportunity to submit
online written comments or comment via phone for or against
said proposal.
Copies of supporting documents for the public hearing are on
file in the City Clerk's Office, City Hall, 50 W. 13th St.,
Dubuque, Iowa. To comply with social distancing mandates,
documents can be viewed at
https://www.cityofdubuque.org/Agendas or by contacting the
City Clerk's Office at 563-589-4100.
Individuals with limited English proficiency, vision,
hearing or speech impairments or requiring special assistance
should contact the City Clerk's Office at (563) 589-4100,
TDD/TTY (563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 19th day
of January 2021.
Adrienne N. Breitfelder, City Clerk
It 1/22
RESOLUTION NO. 16-21
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 1293 Walnut
(the Property) legally described as:
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot
740 in the City of Dubuque, Iowa; and Lot 15 & the Northerly
of Lot 14 in "F. E. Bissell's Dubuque, being the South half of
Out Lot 740" in the City of Dubuque, Iowa, according to the
recorded plats 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, the City received an offer to purchase this
property from Affordable Housing Network, Inc; and
WHEREAS, by accepting the selected offer the Citys
objectives of providing homeownership to an income qualified
buyer and rehabilitation of a vacated home can be realized and
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:
Section 1. That the City of Dubuque, Iowa, proposes to
dispose of its interest in the above described real estate to
Affordable Housing Network, Inc for the sum of $1.
Section 2. 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 lst day of February 2021
beginning at 6:30 p.m.
Section 3. 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 19th day of January, 2021.
Roy D. Buol, Mayor
Attest Adrienne N. Breitfelder, City Clerk
It 1/22
Doc ID: 010670950005 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 02/02/2021 at 03:49:48 PM
Fee Amt: $37.00 Page i of 5
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
File2021-00001905
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 Blvd 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., a non-profit organization, the following legally
described real estate situated in the County of Dubuque, State of Iowa, to wit (the
Property):
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot 740 in the City of
Dubuque, Iowa; and Lot 15 & the Northerly '/2 of Lot 14 in "F.E. Bissell's
Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa,
according to the recorded plats thereof (1293 Walnut).
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. 27-2lof the City
Council of the City of Dubuque adopted the 1st day of February, 2021, 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 2ndday of February , 2021 at Dubuque, Iowa.
1000
011.00�
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, ayor
Attest:
By: /� &&y4z
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE )
On this day of 2021, before me a Notary Public in and
for said County, personally appeared F3,oy D. Buol and Adrienne N. Breitfelder 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.
a� t KERRY JO BRADLEY
o m commission. Number 808090
My Commssion Expires
o,,, F,,{; {,GL �j"y ✓`/� ,,, December 26, 2023
Notary Pubic in7 jn for Dubuque Ounty, Iowa
Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6'h St., Suite 312, (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 27-21
DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO AFFORDABLE
HOUSING NETWORK, INC
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real
property (the Property):
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot 740 in the City
of Dubuque, Iowa; and Lot 15 & the Northerly Y2 of Lot 14 in "F. E. Bissell's
Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa,
according to the recorded plats thereof; and
locally known as 1293 Walnut Street; and
WHEREAS, the City received an offer to purchase this property from Affordable
Housing Network, Inc; and
Whereas, the City Council, by Resolution No. 16-21, dated January 19, 2021,
declared its intent to dispose of City interest in the Property; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on February 1, 2021 at 6:30 p.m. in the Historic Federal Building, 350 W. 6tn
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Purchase
Agreement for the sale of the Property to Affordable Housing Network, Inc. according to
the terms and conditions set out in the Purchase Agreement is in the public interest of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1. The Purchase Agreement by and between the City of Dubuque and
Affordable Housing Network, Inc. for the sale of the Property, a copy attached hereto, is
hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and deliver
a Special Warranty Deed, disposing all of the City's interest in the Property to Affordable
Housing Network, Inc.
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,
together with a certified copy of the Resolution.
Passed, approved, and adopted this 1st day of February, 2021.
0�
Roy D. Byfbf, Mayor
Attest:
Adrienne Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 27-21 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 2"d day of February, 2021.
f -
Adrienne N. Breitfelder, City Clerk
Doc ID: 010670950005 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 02/02/2021 at 03:49:48 PM
Fee Amt: $37.00 Page i of 5
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
File2021-00001905
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 Blvd 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., a non-profit organization, the following legally
described real estate situated in the County of Dubuque, State of Iowa, to wit (the
Property):
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot 740 in the City of
Dubuque, Iowa; and Lot 15 & the Northerly '/2 of Lot 14 in "F.E. Bissell's
Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa,
according to the recorded plats thereof (1293 Walnut).
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. 27-2lof the City
Council of the City of Dubuque adopted the 1st day of February, 2021, 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 2ndday of February , 2021 at Dubuque, Iowa.
1000
011.00�
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, ayor
Attest:
By: /� &&y4z
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE )
On this day of 2021, before me a Notary Public in and
for said County, personally appeared F3,oy D. Buol and Adrienne N. Breitfelder 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.
a� t KERRY JO BRADLEY
o m commission. Number 808090
My Commssion Expires
o,,, F,,{; {,GL �j"y ✓`/� ,,, December 26, 2023
Notary Pubic in7 jn for Dubuque Ounty, Iowa
Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6'h St., Suite 312, (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 27-21
DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO AFFORDABLE
HOUSING NETWORK, INC
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real
property (the Property):
The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot 740 in the City
of Dubuque, Iowa; and Lot 15 & the Northerly Y2 of Lot 14 in "F. E. Bissell's
Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa,
according to the recorded plats thereof; and
locally known as 1293 Walnut Street; and
WHEREAS, the City received an offer to purchase this property from Affordable
Housing Network, Inc; and
Whereas, the City Council, by Resolution No. 16-21, dated January 19, 2021,
declared its intent to dispose of City interest in the Property; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on February 1, 2021 at 6:30 p.m. in the Historic Federal Building, 350 W. 6tn
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Purchase
Agreement for the sale of the Property to Affordable Housing Network, Inc. according to
the terms and conditions set out in the Purchase Agreement is in the public interest of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1. The Purchase Agreement by and between the City of Dubuque and
Affordable Housing Network, Inc. for the sale of the Property, a copy attached hereto, is
hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and deliver
a Special Warranty Deed, disposing all of the City's interest in the Property to Affordable
Housing Network, Inc.
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,
together with a certified copy of the Resolution.
Passed, approved, and adopted this 1st day of February, 2021.
0�
Roy D. Byfbf, Mayor
Attest:
Adrienne Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 27-21 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 2"d day of February, 2021.
f -
Adrienne N. Breitfelder, City Clerk