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Southern Ave Property Sale to Rowells D~~~E ~ck~ MEMORANDUM October 26, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southern Avenue Property Sale Allan and Constance Rowell have approached the Park and Recreation Advisory Commission about purchasing a piece of property along Southern Avenue. The property proposed to be purchased is part of a parcel of land which will be home to a future mini park. However, the proposed area is largely bluff area that would not be used for active play, and its value to the park system is only as open green space. There is an area that is wide enough below the bluff to build a house. Leisure Services Manager GiI Spence recommends sale of the property for a purchase price of $30,000. I concur with the recommendation and respectfully request Mayor and City Council approval. (tIll.! [(~ /1 i\ ~~'- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager '__I D~~~E ~<k~ MEMORANDUM October 24, 2005 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manage~ SUBJECT: Southern Avenue Property Sale INTRODUCTION The purpose of this memorandum is to request that the City Council approve the sale of City-owned property along Southern Avenue to Allan and Constance Rowell. BACKGROUND With the construction of Highway 52/151 through town, the City was able to acquire a parcel of property along Southern Avenue in 1992. Early discussions were that Molo Oil Companies would purchase this property from the City and develop a park. The Iowa Department of Transportation did not allow that sale so trees were planted by a group of volunteers and the City developed plans for a park. The Park Division C.I.P. budget contains $35,000 in FY 2008 for a play unit for this park. DISCUSSION The Park and Recreation Advisory Commission have been approached by Allan and Constance Rowell to purchase a piece of property along Southern Avenue. The Rowells grew up in that neighborhood and hope to retire there. They first asked to purchase the area where the main body of the park was to be located. Neither the commission nor staff supported that proposal. They returned some time later with the present proposal. continued Southern Avenue, page two Attached is a plat showing the property. The Rowell's hope to purchase the part colored in yellow. The area colored in green would be the park. It is hard to see on this copy but the area the Rowell's want to purchase is largely bluff area. The area for the house widens enough to allow for construction. This area would not be used for active play and its value to the park system is as open green space. The Park and Recreation Advisory Commission support the sale of this parcel. An appraisal of this property has been completed by Kane Appraisal and Real Estate Services and they set the value at $30,000 for the entire parcel. Attached is an Offer to Buy Real Estate and Acceptance from Mr. and Mrs. Rowell. Items of note in the offer include: . The sale is contingent on the property being rezoned to R-1 or R-2. . Extension of water to the site will be done at the buyer's expense. . A restrictive covenant is added prohibiting the buyer and buyer's successors from excavating or materially disturbing the bluff on the rear portion of the property. The Park and Recreation Advisory Commission and staff does not advocate the sale of park property unless the property has little value to the park system and its re-use is friendly to the neighborhood and adds to the tax roll of the City. This seems to be the case here. The mini park that is being developed at this location will not be impacted if this parcel is sold. Some open green space will be lost but the single family home will fit into the neighborhood. ACTION STEP The action requested is that the City Council adopt the attached resolution approving the sale of this property. GDS:et attachments Preparer. Gil D. 80ence Address: 2200 Bunker Hill Rd Phone: (589\ 589-4263 RESOLUTION NO. 505-05 DISPOSING OF CITY INTEREST IN LOT 29, 30, AND 31 OF MINERAL LOT 39, THE EASTERLY 30' OF LOT 1 OF JOHN BREAKEY'S DUBUQUE, THE WESTERLY 56' OF LOT 1 OF JOHN BREAKEY'S DUBUQUE, LOT 2 OF JOHN BREAKEY'S DUBUQUE, DUBUQUE, IOWA BY SALE TO ALLAN L. AND CONSTANCE J. ROWELL 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 the 21st day of October, 2005, the City Council of the City of Dubuque, Iowa met on the 7th day of November, 2005, at 6:30 p.m. in the Public Library Auditorium, 360 West 11th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: LOT 29, 30, AND 31 OF MINERAL LOT 39, THE EASTERLY 30' OF LOT 1 OF JOHN BREAKEY'S DUBUQUE, THE WESTERLY 56' OF LOT 1 OF JOHN BREAKEY'S DUBUQUE, LOT 2 OF JOHN BREAKEY'S DUBUQUE, DUBUQUE, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described above to Allan L. and Constance J. Rowell be and the same is hereby approved for the sum of $30,000.00, plus the cost of publication, platting and filing. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Allan L. and Constance J. Rowell, upon receipt of the purchase price in full and payment of the cost of publication, platting and filing.. " Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of November, 2005. Terrance M. Duggan, Mayor Attest: . Jeanne F. Schneider, CMC City Clerk OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: City of Dubuque, Iowa, a municipal corporation, Seller 1. REAL ESTATE. The undersigned Buyers offer to buy real estate in Dubuque County, Iowa located on the north side of Southern Avenue and between Samuel Street and Locust Street in the City of Dubuque, Iowa, which property is legally described as follows: Attached drawing shows location of real estate - legal description to be provided by Seller, together with and including any and all easements and appurtenant servient estates, but subject to the following: a) any zoning or other ordinances and (b) any easements of record for public utilities, roads and highways, which property is hereinafter referred to as the "Real Estate." 2. CONDITIONS OF PURCHASE. obligation to purchase the Real Estate conditional upon satisfaction of all of prior to the closing date: The undersigned Buyers' is expressly subject to and the following contingencies (a) Rezoning of the Real Estate to an R-1 or R-2 Residential District Classification; (b) Seller's approval of the disposal and sale of the Real Estate to Buyers in accordance with the requirements of section 364.7 of the Iowa Code and any other applicable statutes or ordinances; and (c) An agreement from Seller to construct or authorize, at Buyers' expense, an extension from the west of the water main as necessary to provide water service to the Real Estate. 3. PRICE. The total purchase price shall be $30,000.00 and shall be payable in full at the time of closing. 4. CLOSING DATE AND POSSESSION. Closing and transfer of possession to Buyers shall occur within 30 days following the satisfaction of all of the conditions and contingencies set forth at paragraph 2 above. 5. RESTRICTIVE COVENANT. The conveyance of the Real Estate to Buyers shall be subject to a restrictive covenant providing that Buyers and Buyers' successors and assigns will not excavate into or materially disturb the existing bluff on the rear portion of the real estate. This restrictive covenant may be included in the deed referred to at paragraph 10 herein or may be set forth in a separate agreement between Seller and Buyers. 6. REAL ESTATE TAXES. from taxation. Any and all against the Real Estate shall The Real Estate is presently exempt future real estate taxes assessed be paid by Buyers. 7. SPECIAL ASSESSMENTS. Seller shall pay all special assessments, if any, which are a lien on the Real Estate as of the date of acceptance of this Offer. All subsequent special assessments shall be paid by Buyers. 8. CARE AND MAINTENANCE. The Real Estate shall be in its present condition and delivered intact at possession is delivered to Buyers. preserved the time 9. ABSTRACT AND TITLE. Seller, at Seller's expense, shall obtain an abstract of title to the Real Estate, continued through a date not more than 30 days prior to the date of possession and closing, and deliver it to Buyers for examination. Said abstract shall show merchantable title in Seller in conformity with this agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. 10. WARRANTY DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyers by warranty deed, free and clear of all liens, restrictions and encumbrances. 11. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 12. REMEDIES OF THE PARTIES. (a) If Buyers fail to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon 30 days written notice of intention to accelerate the payment of the entire balance because of such failure (during which 30 days such failure is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. (b) If Seller fails to timely perform this contract, Buyers have the right to have all payments made returned to them. (c) Buyers and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. " , 13 . contract parties. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This shall apply to and bind the successors in interest of the 14. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 15. TIME FOR ACCEPTANCE. If this Offer is not accepted by Seller on or before the day of , 2005, it shall become void. Dated: August c:l '? , 2005. c?F'&d~ Allan L. R 1, Buyer ~lUJ ~. '!<.O-UJ,.Q.QSZ Constance J. Row 11, ~uyer TH~S OFFER IS ACCEPTED the day of , 2005. CITY OF DUBUQUE, IOWA, a municipal corporation, Seller By F:\WPDOCS\SHElLA\DOCS\GKN\Rowell~City of Dubuque Offer to Buy.wpd ,'. .",oJ. . " . - ~- ~(;- t ~ L/.' ~ I::? .~' i Ii!:" ~OO- :;;; Ii;: ~... .,. '''''-':: .'. p.t;;;:~ . oeS" -:J &"'/) // f!;" ,-.'0- [;1/ J i / ,,:t --l::O"O(l, j . ". ~-''';l6 ~-'~I'---./ / "v/ .'L~ 0; ....,,':;C'\I :: V I ~. 1{:5+.'" -,-,,~~ :ill "" / '\~7 " i_ 1 '<\.,' <- /' :-. i~ ,,0 ~ ~:~ =: ~<}~/ C'. 9(~ < 6" 'v ,; S(~Q_. ~ !;~JI " g; Os, M_ t'Oc.-.1f"! "11 t,1.:0- " ~ Ii,fi, . ';,... DO:' 0<;, ~ , ". 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November 7,2005 Mayor Terrance Duggan Members of Council Dubuque City Council , ::j Re: Sale of Southern Avenue Dear Members of the Council; Due to family obligations I am unable to attend tonight's public hearing regarding the sale of Southern Avenue to a private party. In following the proceedings it appears Mr. and Mrs. Rowell initially asked for one (1) lot on Southern Avenue. When Mr. Spence and Mr. Van Milligan looked at the site, Mr. Van Milligan suggested three (3) lots be sold. Originally Mr. Spence asked that the City retain first rebuy offer if and when the Rowell's should sell same property. I do not see that clause in the subsequent proposed agreement between the City and the Rowell's. Mr. and Mrs. Rowell also said they wanted to return to the area in which they used to live. At this writing a home at 89 Southern Avenue is for sale. This is very close to the same area. The area is literally dotted with homes for sale. I am requesting you consider refusing this sale and retaining the land for green space. Mr. Bob Molo originally tried to purchase this area for green space. When does City land become available for private use without a public auction? When Grandview Avenue/Murphy Park was first conceived, land was condemned by the City in order to retain the green space. Please, avoid that future problem by retaining the green space the City already has. With the continuing increase in population, green space will be needed and very appreciated by the future generations, as well as provide continually enjoyment for the present residents of Dubuque. Thank you for your consideration. Sincerely, ~~ S.A. Sutton, 1875 Custer Street, Dubuque ~~~~~ ~ ~ 1u~~ ~'+f::;~ t~LV ~~ ~~~~~~7d 4'1 ~#--Jt 7t 5 54,*,-<) 51. ~ ~-t ~~ 6JLLth..ax-tl A~ ~flfftl1i S-n'f1I(r41VO 'f5f >>,u7/-/i:;vt/ AuI':.. 1iflhJ.. Ju/( t/5 5 ~ (luL 8~ f). 3?'? 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