Loading...
Sale of City-Owned Property at 1659 Iowa Street_HearingCity of Dubuque City Council Meeting Public Hearings # 2. Copyrighted May 3, 2021 ITEM TITLE: Sale of City -Owned Property at 1659 Iowa Street SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of the disposition of City -owned real property located at 1659 Iowa Street to GT Investments for $100, and City Manager recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description RESOLUTION Disposing of City interest in real estate located at 1659 Iowa Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 1659 Iowa Street Sale-MVM Memo Staff Memo Resolution to Dispose Signed Offer from GT Development Special Warranty Deed Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation THE C Dubuque DUUB_-_*._TE *AWO M ' iece on the Mississippi Masterpiece PP zoo�•zoi 2-2013 zoi7*2019oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of City -Owned Property at 1659 Iowa Street DATE: April 28, 2021 The property at 1659 Iowa Street had been identified as a problem property and in substandard condition since September 2016. The property was seriously neglected with an actively leaking roof. The rental license was eventually withdrawn and a vacant building permit was issued. The Building Department, at that time, issued several citations for failing to comply with the vacant building license. The City took legal action by petitioning the courts for ownership after several years of enforcement. The City received ownership of property in December 2020. A Request for Proposal was then published to purchase and rehabilitate the property. Only one proposal was submitted. The proposal received was from GT Investments to purchase the property for $100 and rehabilitate it into apartments. Housing and Community Development Director Alexis Steger recommends City Council approval of the disposition of City -owned real property located at 1659 Iowa Street to GT Investments for $100. GT Investments will rehabilitate the property into four apartments. 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 THE CITY OF Dubuque DUB E.. AI•i�eda �h Masterpiece on the Mississippi 2013.201 ?A113.27 17 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Sale of City -owned property at 1659 Iowa Street DATE: April 27, 2021 Background 1659 is the legal address which encompasses 4 units, 1659, 1665, 1671 and 1677 Iowa Street. The property had been identified as a problem property and in substandard condition since September 2016. The property was seriously neglected with an actively leaking roof. The rental license was eventually withdrawn, and a vacant building permit was issued. The Building Department, at that time, issued several citations for failing to comply with the vacant building license. The City took legal action by petitioning the courts for ownership after several years of enforcement. The City received ownership of property in December 2020. This property was identified to have great potential for rehabilitation. Rehabilitation would remove it from the vacant and abandoned property list and return the property to a viable use as four residential units. A request for proposals was posted with the intent of finding a potential owner willing to take possession and rehabilitate the property. GT Development, LLC was the sole respondent to the RFP. Their proposal offered to purchase the property from the city for $100 and rehabilitate it to meet current code and standards. Discussion This property is uninhabitable and in very poor condition. The property has a collapsed roof in a portion of it and many condition issues that need to be addressed. GT Development's proposal to purchase and rehabilitate these 4 units will remove them from their dilapidated building status and return them to viable housing units. GT Development indicated a 7-month timeline for rehabilitation. Recommendation I respectfully request that City Council approve the disposal of the above -described real estate. Prepared by Alexis Steger, Housing & Community Devel., 350 W. 61h 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. 142-21 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 1659 IOWA STREET, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council, by Resolution No. 122-21, dated April 19, 2021, declared its intent to dispose of City interest in real property located at 1659 Iowa Street, legally described as: The South 57 feet of the North 107 feet of the E Y2 of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on May 3, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and WHEREAS, GT Development, LLC has signed an offer to purchase; and WHEREAS, GT Development, LLC will rehabilitate the property; 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 GT Development, LLC 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: The South 57 feet of the North 107 feet of the E Y2 of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street; 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 GT Development, LLC 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 3rd day of May, 2021. --,4 I.X4 �, L��I Roy D. Bul , Mayor Attest: Adrienne N. Breitfelder, bty Clerk RESIDENTIAL PURCHASE AGREEMENT TO: City of Dubuque, a municipal corporation (SELLER) The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real property situated in Dubuque County, Iowa, legally identified as 1659 Iowa Street, Dubuque, Iowa and legally described as: The South 57 feet of the North 107 feet of the E'Y2 of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. and locally known as 1659, 1665, 1671, and 1677 Iowa Street together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions provided BUYER, on possession, are permitted to use the Property for residential purposes. 1. PURCHASE PRICE. The Purchase Price shall be $100.00 and the method of payment shall be as follows: $0.00 with this offer as earnest money and the balance of the Purchase Price 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 BUYER obtaining such funds. 2. REAL ESTATE TAXES. A. SELLER 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. SELLER shall pay its 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). BUYER shall be given a credit for such proration at closing 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 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. BUYER shall pay all subsequent real estate taxes. 3. SPECIAL ASSESSMENTS. A. SELLER shall pay in full all special assessments which are a lien on the Property as of the date of closing. B. All charges for solid waste removal, sewage and maintenance that are attributable to SELLER'S possession, including those for which assessments arise after closing, shall be paid by SELLER. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by SELLER through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to SELLER. D. BUYER shall pay all other special assessments. 4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the Property 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. 5. POSSESSION AND CLOSING. If BUYER timely performs all obligations, possession of the Property shall be delivered to BUYER on or before May 15, 2021 and any adjustments of rent, insurance, taxes, interest and all charges attributable to the SELLER'S possession shall be made as of the date of possession. Closing shall occur after approval of title by BUYER'S attorney and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER 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 the title transfer documents to BUYER and receipt of all funds then due at closing from BUYER 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 is all currently present at the property. The following items shall not be included: N/A 7. CONDITION OF PROPERTY. A. The property as of the date of this Agreement including buildings, grounds, and all improvements will be preserved by the SELLER in its present condition until possession, ordinary wear and tear excepted. B. BUYER acknowledges that it has made a satisfactory inspection of the Property and is purchasing the Property in its existing condition, except that the City of Dubuque, Iowa, will perform a preliminary radon test. If mitigation of radon is necessary, then BUYER and SELLER will each pay one-half of such radon mitigation costs. 8. ABSTRACT AND TITLE. SELLER, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement and deliver it to BUYER'S attorney for examination. It shall show merchantable title in SELLER in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The 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 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. 9. SURVEY. BUYER may, at BUYER'S expense prior to closing, have the property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, SELLER shall pay the cost thereof. 10. DEED. Upon payment of the purchase price, SELLER shall convey the Property to BUYER by special warranty deed, free and clear 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 BUYER. 11. 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. 12. REMEDIES OF THE PARTIES. A. If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited; or, at SELLER'S option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of BUYER'S default (during which thirty days the default is not corrected), SELLER 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 SELLER fails to timely perform this Agreement, BUYER has the right to have all payments made returned to it. C. BUYER and SELLER 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. 13. 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. 14. 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 my breach of the foregoing certification. 15. 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. 16. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. 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. 17. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. Property deeded herein is taken in "as -is" condition with no guaranties or warranties express or implied. 18. TENANTS. The Property is free and clear of any occupants, and no party has a lease to or other occupancy or contract right in the Property which shall be in any way binding upon the Property. 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 of the Property. This covenant shall survive the closing. 19. 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 claims, 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. 20. ADDITIONAL PROVISIONS: This Agreement is subject to the final approval of the City Council of the City of Dubuque, Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa does not approve this Agreement, it shall become automatically void, and neither party shall be bound by the terms and conditions set forth herein. 21. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to BUYER on or before April 16, 2021, this Agreement shall be null and void and all payments made shall be returned immediately to BUYER. GT DEVELOPMENT LLC, BUYER By:� 17 Date -'/&i---r I iE Ize - Printed Name INSERT ADDRESS e dot 19'� DUBUQUE, IA 52001 = I} S? DO Z 563-642-2898 ACCEPTED Yes No CITY OF DUBUQUE, SELLER 0 Date Printed Name 50 W. 131h Street Dubuque, IA 52001 Doc ID: 010749440010 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 06/03/2021 at 09:56:59 AM Fee Amt: $57.00 Page 1 of 10 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2021-00008992 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: GT Development LLC c/o Tom Kelzer 4617 Camelot Drive Dubuque, IA 52002 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 GT Development LLC, an Iowa Corporation, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): The South 57 feet of the North 107 feet of the E '/2 of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. (1659, 1665, 1671, and 1677 Iowa 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. Ild -Qi of the City Council of the City of Dubuque adopted the 3rd day of May, 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 `i n day of may , 2021 at Dubuque, Iowa. CITY OF DUB QUE IOWA By: ILI Roy D. Buo ayor 500 t)Zou () WAA Cjr IL Attest: By: Adrienne Breitfelder, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE On this day of /Y qtQ , 2020, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Adrienne 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. :� ,r mnssion Number 719986 `nmm+ssion Expires Notary Public in and for Dubuque County, Iowa Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6t' St., Suite 312, (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1V St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 122-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO GT DEVELOPMENT, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, locally identified as 1659 Iowa Street, Dubuque, Iowa and legally described as: The South 57 feet of the North 107 feet of the E Y of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street and WHEREAS, City acquired the property through a petition for title to abandoned property for the purpose of its rehabilitation; and WHEREAS, City received an offer to purchase and rehabilitate the property from GT Development; and WHEREAS, by accepting the selected offer the City's objective of rehabilitation of dilapidated residences can be realized. 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 GT Development for the sum of $100. 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 3rd day of May 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 Ap (2021. , (� 4:�_Z Roy D. Buol, Vayor ATTEST: Adrienne N. 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. 122-21 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 51h day of May, 2021. Adrienne N. Breitfelder, dity Clerk 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: 04/23/2021 and for which the charge is 64.91 Subscribed to before me, a Notary blic in and for Dubuque County, Iowa, this 26th day of April, 2021 yet 4� poajoAl Notalublic in and for Du uque County, Iowa. Rim JANET K. PAPEo�mrmtesioa Number 19"59 y Comm. Exp. DEC 11, 2472 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 3rd day of May, 2021, at 6:30 p.m., and conducted virtually, at which meeting the City Council proposes to dispose of an interest in the following described real property by sale to GT Development: identified as 1659 Iowa Street, Dubuque, Iowa and legally described as: The South 57 feet of the North 107 feet of the E * of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners Map of the Town of Dubuque, Iowa. and locally known as 1659, 1665, 1671, and 1677 Iowa Street Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted the Friday before the meeting and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPubhc/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. 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. Written comments regarding the above public hearings may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (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 April, 2021. Adrienne N. Breitfelder City Clerk RESOLUTION NO. 122-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO GT DEVELOPMENT, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, locally identified as 1659 Iowa Street, Dubuque, Iowa and legally described as: The South 57 feet of the North 107 feet of the E * of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street and WHEREAS, City acquired the property through a petition for title to abandoned property for the purpose of its rehabilitation; and WHEREAS, City received an offer to purchase and rehabilitate the property from GT Development; and WHEREAS, by accepting the selected offer the Citys objective of rehabilitation of dilapidated residences can be realized. 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 GT Development for the sum of $100. 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 3rd day of May 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 April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk It 4/23 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"' St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 142-21 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 1659 IOWA STREET, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City Council, by Resolution No. 122-21, dated April 19, 2021, declared its intent to dispose of City interest in real property located at 1659 Iowa Street, legally described as: The South 57 feet of the North 107 feet of the E Y2 of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on May 3, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 6t' Street, Dubuque, Iowa; and WHEREAS, GT Development, LLC has signed an offer to purchase; and WHEREAS, GT Development, LLC will rehabilitate the property; 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 GT Development, LLC 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: The South 57 feet of the North 107 feet of the E Y2 of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street; 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 GT Development, LLC 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 3rd day of May, 2021. I,N,z!:tz Roy D. B , Mayor Attest: Adrienne N. Breitfelder, C,ity 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. 142-21 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 5t' day of May, 2021. Adrienne N. Breitfelder, City Clerk Doc ID: 010749450003 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 06/03/2021 at 09:57:14 AM Fee Amt: $0.00 Pape 1 of 3 Dubuque County Iowa John Murphy Recorder File202 1-000009 1 T 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 TRANSFEREE: Name GT Development LLC Address 4617 Camelot Drive. Dubuque, IA 52002 City, Town or P.O. Zip State Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 1659 Iowa Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Legal Description of Property: (Attach if necessary) The South 57 feet of the North 107 feet of the E % of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa 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 #l, attached to this document. 3. Hazardous Wastes (check one) FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Zip 2021-9992. 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. 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 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 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 rVE IS TRUE AND CORRECT. Signature: ,Telephone No.: (563) 589-4381 (Transferor or Agent) FILE WITH RECORDER DNR form 642-0960 (July 18, 2012) 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: 04/23/2021 and for which the charge is 64.91 >' t Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 26th day of April, 2021 (�% t, 4-,) P.-,, Notar4 ublic in and for Dubuque County, Iowa. *, * JANET K. PAP@ x = Com,mismion Wurnbir 19-9859 ,- try Comm. Fxp, DEC 11, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 3rd day of May, 2021, at 6:30 p.m., and conducted virtually, at which meeting the City Council proposes to dispose of an interest in the following described real property by sale to GT Development: identified as 1659 Iowa Street, Dubuque, Iowa and legally described as: The South 57 feet of the North 107 feet of the E * of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners Map of the Town of Dubuque, Iowa. and locally known as 1659, 1665, 1671, and 1677 Iowa Street Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted the Friday before the meeting 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. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. 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. Written comments regarding the above public hearings may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (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 April, 2021. Adrienne N. Breitfelder City Clerk RESOLUTION NO. 122-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO GT DEVELOPMENT, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns real property situated in Dubuque County, Iowa, locally identified as 1659 Iowa Street, Dubuque, Iowa and legally described as: The South 57 feet of the North 107 feet of the E * of Out Lot 746 in the City of Dubuque, Iowa, according to the United States Commissioners Map of the Town of Dubuque, Iowa - and locally known as 1659, 1665, 1671 and 1677 Iowa Street and WHEREAS, City acquired the property through a petition for title to abandoned property for the purpose of its rehabilitation; and WHEREAS, City received an offer to pulchase and rehabilitate the property from GT Development; and WHEREAS, by accepting the selected offer the Citys objective of rehabilitation of dilapidated residences can be realized. 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 GT Development for the sum of $100. 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 3rd day of May 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 April 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk It 4/23