Southern Ave Property Sale to Rowells
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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
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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.
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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
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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
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