Disposition of Finley Home Lot 2 to Finley Hospital
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RESOLUTION NO. 88
- 99
DISPOSING OF THE CITY'S INTEREST IN AND APPROVING AN OPTION TO
PURCHASE LOT 2A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE,
IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on 5th day of February , 1999,
the City Council of the City of Dubuque, Iowa met on the 15th day of _
February , 1999, at 7:00 p.m. in the Public Library Auditorium, 11 th and
Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real
estate described as:
Lot 2A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to sell such real estate, except for the
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the "Option to Purchase" for Lot 2A of Finley Home Addition
in the City of Dubuque, Iowa attached hereto, is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the attached
"Option to Purchase" to be delivered to the Finley Hospital upon the receipt of
$5,000.00, and authorized and directed to execute a Quit Claim Deed to the Finley
Hospital to be delivered upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution and "Option to Purchase" in the office of the
City Assessor, Dubuque County Recorder and Dubuque County Auditor.
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~_ 4 3 3~. 2
N MBER '
. 08/24/00
TOTAL
23,945.00
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Passed, approved and adopted this
Attest:
15th
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OPTION TO PURCHASE
The City of Dubuque, Iowa (the "Seller") hereby grants to the Finley Hospital (the
"Buyer") an option to purchase vacated Allison Place located in the City of Dubuque,
Dubuque County, State of Iowa and more particularly described as:
Lot 2A of Finley Home Addition,
at a price of $28,945.00, which is mutually acceptable to the parties. Said purchase
price shall be paid at Closing, in the manner hereinafter provided.
TIME IS OF THE ESSENCE AS TO: PAYMENT OF OPTION FEE, EXERCISE OF OPTION,
LEGAL POSSESSION, OCCUPANCY, DATE OF CLOSING, AND ALL DATES INSERTED
IN THIS OPTION.
The option fee shall be $5,000.00, the receipt and sufficiency of which is hereby
acknowledged by Seller. Said option fee shall not be refundable if the Option is not
exercised. If the option is exercised, the entire option fee shall be credited against the
purchase price at Closing.
This option may be exercised in writing at any time on or before March 15, 2001, by
the mailing of a notice by certified mail, return receipt requested, or by commercial
delivery service, and addressed to Seller at City Hall, 50 W. 13th Street, Dubuque.
Iowa 52001-4864, Attn: City Manager, or by personal delivery thereof.
The closing of this transaction shall take place within thirty days of the date of the
exercise of the option by Buyer at such time and place as may be agreed in writing by
Buyer and Seller (the "Closing ").
Seller, upon payment of the purchase price, shall convey the property by Quit Claim
Deed, free and clear of all liens and encumbrances, excepting; municipal and zoning
ordinances, recorded easements for public utilities servicing the property, recorded
building and use restrictions and covenants, per general taxes for the year of Closing,
which will be prorated to date of possession; provided none of the foregoing prohibit
or render impracticable, as determined by Buyer in its sole discretion, the development
and use of the property proposed by Buyer. Seller shall complete, execute and deliver
to Buyer at the time of Closing the documents necessary to record the conveyance
which is contemplated hereby.
This option may be recorded. This option is not assignable. The property is not
homestead.
Legal possession of the property shall be delivered to Buyer on the date of Closing.
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It is understood the property is now vacant.
IN WITNESS WHEREOF, the Buyer and Seller have caused this instrument to be
executed by their respective duly authorized representatives as of this .J..., G day
of flle...."7 ' 1999.
SELLER: BUYER:
CITY OF DUBUQUE, IOWA
THE FINLEY HOSPITAL
Federal Taxpayer 10: ^ld.... uL Y'O.3.5Y
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Federal Taxpayer 10: 42-
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By:
Title: MAYOR
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Attest: /!.-itl! 1:'1.
Title: Ci~ Clerk
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ACKNOWLEDGMENT
STATE OF IOWA )
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DUBUQUE COUNTY)
On this 15th day of Februarv , 1999, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared -
Terrance M. Duggar. and Marv A. Davis , to be know, who being by me
duly sworn, did say that they are the Me-vcr and City Clerk
respectively, of the municipal corporation executing the within and
foregoing instrument to which this acknowledgment is attached, that said instrument
was signed (and sealed) on behalf of the municipal corporation and that they, as
officers, acknowledged the execution of the foregoing instrument to be the voluntary
act and deed of said municipal corporation, by it and by them voluntarily executed and
pursuant to Resolution No. ~-99 of the City Council of the City of Dubuque, Iowa.
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ACKNOWLEDGMENT
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On this J l.\ day of '\ c b'r'u._n~ ' 1999, before me, the
ersign , a Notary Public in and for the State o'fllowa personally appeared -
(l :5 , to me known, who being by me duly sworn, did say that he is
the of the Finley Hospital, Dubuque, Iowa, that the foregoing
instrument was signed (and sealed) on behalf of said entity by authority of its
members and that he acknowledged the execution of the foregoing instrument to be
the voluntary act and deed of said entity, by it and by him voluntarily executed,...- \,
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EXERCISE OF OPTION
The undersign,ed Buyer hereby exercises the above option..
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THE FINLEY
HOSPITAL
AN IOWA HEALTH SYSTEM AFFlllATE
350 N. GRANDVIEW AVENUE
DUBUQUE, IOWA 52001-6392
319-582-1881
February 25, 1999
Ms. Mary A. Davis CMC
City Clerk
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
Dear Ms. Davis:
Please find enclosed signed and executed documents regarding the purchase of Lot 2A of Finley
Home Addition. I have also enclosed a $5,000 check for the option fee. I understand that you
will be recording all of the necessary documents upon receipt.
If you should need further information from The Finley Hospital, please do not hesitate to
contact me.
JJS/jlc
Enclosures
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 1 0, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Allison Place and Adjacent Alley
.
Public Works Director Mike Koch is recommending that a request from James
Sinek, representing The Finley Hospital, for the vacation and sale to Finley Hospital
of Allison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of
Finley Home Addition be approved and that the purchase price be established at
$29,945.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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February 18, 1999
Mr. James J. Sinek
c/o Finley Hospital
350 N. Grandview Ave.
Dubuque, IA 52001-6392
Dear Mr. Sinek:
Enclosed find original documents which need to be executed by you regarding
purchase of Lot 2A of Finley Home Addition from the City. I have included copies of the
entire document so you are fully aware as to what is on file in this office.
I understand that you are having the $5,000 option fee processed at this time. Upon
receipt of the enclosed executed documents and fee, I will record all the necessary
documents. When the recorded documents are returned to this office, we will forward
originals or copies to you.
If there are any questions, please feel free to give me a call.
Sincerely,
Mary A. Davis CMC
City Clerk
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99 MAR -3 PH 3: 22
KATHY FLYNN lHUHlOW
COUNTY RECORDER
DUBUQUE CO.. IOWA FEES
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Prepared by:Mike Koch. Public Works Director. Address: City Hall Telephone:589-4270
"
RESOLUTION NO. 88 - 99
DISPOSING OF THE CITY'S INTEREST IN AND APPROVING AN OPTION TO
PURCHASE lOT 2A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE,
IOWA
.
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on 5th day of February I 1999,
the City Council of the City of Dubuque, Iowa met on the 15th day of _
February , 1999, at 7:00 p.m. in the Public Library Auditorium, 11 th and
Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real
estate described as:
Lot 2A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to sell such real estate, except for the
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the "Option to Purchase" for Lot 2A of Finley Home Addition
in the City of Dubuque, Iowa attached hereto, is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the attached
"Option to Purchase" to be delivered to the Finley Hospital upon the receipt of
$5,000.00, and authorized and directed to execute a Quit Claim Deed to the Finley
Hospital to be delivered upon receipt of the purchase price in full.
.
Section 4. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution and "Option to Purchase" in the office of the
City Assessor, Dubuque County Recorder and Dubuque County Auditor.
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Passed, approved and adopted this ] :.th
Attest:
, 1999.
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CERTIFICATE OF CITY CLERK
STATE OF IOWA )
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COUNTY OF DUBUQUE )
I, Mary A. Davis, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such
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. 88-
99 is a correct copy of the original Resolution No. 88-99 approved and
adopted by the City Council of the City of Dubuque, Iowa, at a session held by
said Council on the 15th day of February, 1999.
.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa this 3rd day of March, 1999.
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MaryL Davis CMC
City Clerk for City of Dubuque, Iowa
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OPTION TO PURCHASE
. The City of Dubuque, Iowa (the "Seller") hereby grants to the Finley Hospital (the
"Buyer") an option to purchase vacated Allison Place located in the City of Dubuque,
Dubuque County, State of Iowa and more particularly described as:
Lot 2A of Finley Home Addition,
at a price of $28,945.00, which is mutually acceptable to the parties. Said purchase
price shall be paid at Closing, in the manner hereinafter provided.
TIME IS OF THE ESSENCE AS TO: PAYMENT OF OPTION FEE, EXERCISE OF OPTION,
LEGAL POSSESSION, OCCUPANCY, DATE OF CLOSING, AND ALL DATES INSERTED
IN THIS OPTION.
The option fee shall be $5,000.00, the receipt and sufficiency of which is hereby
acknowledged by Seller. Said option fee shall not be refundable if the Option is not
exercised. If the option is exercised, the entire option fee shall be credited against the
purchase price at Closing.
.
This option may be exercised in writing at any time on or before March 15, 2001, by
the mailing of a notice by certified mail, return receipt requested, or by commercial
delivery service, and addressed to Seller at City Hall, 50 W. 13th Street, Dubuque,
Iowa 52001-4864, Attn: City Manager, or by personal delivery thereof.
The closing of this transaction shall take place within thirty days of the date of the
exercise of the option by Buyer at such time and place as may be agreed in writing by
Buyer and Seller (the "Closing").
Seller, upon payment of the purchase price, shall convey the property by Quit Claim
Deed, free and clear of all liens and encumbrances, excepting; municipal and zoning
ordinances, recorded easements for public utilities servicing the property, recorded
building and use restrictions and covenants, per general taxes for the year of Closing,
which will be prorated to date of possession; provided none of the foregoing prohibit
or render impracticable, as determined by Buyer in its sole discretion, the development
and use of the property proposed by Buyer. Seller shall complete, execute and deliver
to Buyer at the time of Closing the documents necessary to record the conveyance
which is contemplated hereby.
This option may be recorded. This option is not assignable. The property IS not
homestead.
.
Legal possession of the property shall be delivered to Buyer on the date of Closing.
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It is understood the property is now vacant.
IN WITNESS WHEREOF, the Buyer and Seller have caused this instrument to be
executed by their respective duly authorized representatives as of this .t. '" G day
of f;~fl""."7 ' 1999.
SELLER: BUYER:
CITY OF DUBUQUE, IOWA
THE FINLEY HOSPITAL
Federal Taxpayer 10: "I;). - ot f( 0.35 Y
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ACKNOWLEDGMENT
STATE OF IOWA )
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DUBUQUE COUNTY)
On this 15th day of February , 1999, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared _
'Terrance M. Duggan and Mary A. Davis , to be know, who being by me
duly sworn, did say that they are the Mayor and City Clerk
respectively, of the municipal corporation executing the within and
foregoing instrument to which this acknowledgment is attached, that said instrument
was signed (and sealed) on behalf of the municipal corporation and that they, as
officers, acknowledged the execution of the foregoing instrument to be the voluntary
act and deed of said municipal corporation, by it and by them voluntarily executed and
pursuant to Resolution No. J!.L-99 of the City Counqil of the City of Dubuque, Iowa.
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ACKNOWLEDGMENT
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On this ~ day of , 1999, before me, the
, a Notary Public in and for the State 0 Iowa personally appeared
:s , to me known, who being by me duly sworn, did say that he is
of the Finley Hospital, Dubuque, Iowa, that the foregoing
instrument was signed (and sealed) on behalf of said entity by authority of its
merrrbe"rs and that he acknowledged the execution of the foregoing instrument to be
the yoluntary act and deed of said entity, by it and by him voluntarily executedr
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ary Public in and for the Sta f Iowa
My Commission Expires: J 1- q-~O() J
EXERCISE OF OPTION
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The undersign,ed Buyer hereby exercises the above option.
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March 15, 1999
Kevin Rogols
c/o Finley Hospital
350 N. Grandview Ave.
Dubuque, IA 52001
Dear Mr. Rogols:
Enclosed find copies of recorded documents regarding vacating Allison Place and a 20
foot alley abutting the Northwesterly line of Lot 12 of Finley Home Addition AND the
"Option to Purchase" from Finley Hospital.
Also enclosed find receipt indicating the $5,000.00 has been received in accordance
with the "Option to Purchase".
Thank you very much for your prompt payment.
If there is any other information you desire, please feel free to give me a call.
Yours truly,
Mary A. Davis CMC
City Clerk
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Prepared by: Ronald J. Turner. City of Dubuque, 50 W. 13th Street. Dubuque, Iowa (319) 589-4270
Address Tax Statement: The Finley Hospital, 350 N. Grandview Avenue, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa. for good and valuable
consideration, does hereby Quit Claim unto:
The Finley Hospital
350 N. Grandview Avenue
Dubuque, IA 52001
all its rights, title, and interest in the following-described real estate situated in Dubuque County, Iowa,
to-wit:
Lot 2A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa
No declaration of value is required according to Iowa Code Section 428A.1 .
T~hiS d e<Us given pursuant to the authority of Resolution No. <<-97of the City of Dubuque, adopted
:.;;:> ,~the terms and conditions thereof, if any, having been fulfilled.
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Signed this..Y/~ day oUA.b'.L/C/ ,2000.
.
CITY OF DUBUQUE, IOWA ,;:-)
By: ~/UL,uA/lJV~
Terrance M. Duggan, ~r
Attest:
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DUBua~E COUNTY )
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c}.~' On'this3W"day of{~ --"'CJ~/c/. 2000, before me, the undersigned. a Notary Public in
and for the state 'Of. Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me
perSonqUY'lknown;'. who being by me duly sworn, did say that they are the Mayor and City Clerk,
I} respectiY~,rl)f the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the
foregoing ff,strument is the corporate seal of said corporation, by the authority of its City Council, as
Coontained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resplution of
.... ~'Cj~y Coul)~!~Under Resolution No. ??-p9 of the City Council on the/5""day of -?Z:M//~
/'i't?9'~! a'~q:'r~ance M. Duggan and Jeanne F. Schneider acknowledged the execution of trie
instrument' to be their voluntary act and deed and the voluntary act and deed of the corporation, by
it voluntarily executed. ~ l /1 ~ .. PJ
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REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this torm.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
. TP~NSFEROR Name City of Dubuque
Address 50 W. 13th Street,
Number and Street or RR
TRANSFEREE Name The Finley Hospital
Social Security No.
(or Federall.D. No.) 42-6004596
Dubuque, Iowa 52001-4864
City, Town or P.O.
Social Security No.
(or Federal J.D. No.)
Stale
Zip
Address
350 N. Grandview, Dubuque, Iowa 52001
Number and Street or RR City, Town or P.O.
State
Zip
Address of Property Transfered
N/A
Number and Street or RR
City, Town or P.O.
State
Zip
Lr~3al Description of Property
Lot 2A of Finley Home Addition in the City of Dubuque.
Dubuque County, Iowa
1. Wells (check one)
')li:OThere are no known wells situated on this property.
o There is a well or wells situated on this property. The type(s). location(s) and legal status are stated below,
2. Solid Waste Disposal (check one)
rhere is no known solid waste disposal site on this property.
o There is a solid waste disposal site on this property, but no notice has been received from the Department
of Natural Resources that the site is deemed to be potentially hazardous.
o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous
by the Department of Natural Resources. The location(s) of the site(s) is stated below.
.
3. Hazardous Wastes (check one)
~here is no known hazardous waste on this property.
o There is hazardous waste on this property and it is being managed in accordance with Department of
Natural Resources rules.
4. Underground Storage Tanks (check one)
')Ia7There are no known underground storage tanks on this property. (Note exclusions such as ~mall farm
and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.)
o There is an underground storage tank or tanks on this property. The type(s), size(s) and any known
substance(s) contained are described below.
Information, if any, required by statements checked above:
Attachment for Additional Information? Y / N If so, number of pages
I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS STATEMENT IS TRUE
AND CORRECT. (? // //'!/ .
Signature: JJZ~ I/~ Telephone Number: (319) 589-4270
(Transferor or Agent)
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PART II - TO BE COMPLETED BY RECORDER
II)' :J1-tJO Book/J.D. I (J{J I page/I.D.I/~t,as ,
10- 5/ - i!O @r Township .AfL {h7"(5'" D
Date of Instrument
.
Date of Recording
Deed ITl
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DNR form (JUN 88) FILE WITH RECORDER 542-0960
(See Instructions, #5)