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Zoning Southern Ave Rowell's property (2) THE CITY OF :i ,i i L, Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofduhuque.org ~ck~ January 5, 2006 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street DubuquelA 52001 RE: Rezoning Applicant: Allan & Connie Rowell/City of Dubuque Location: Southern Avenue Description: To rezone property from pas Public Open Space District to R-1 Single- Family Residential District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing their intention to build a single- family home, how utilities would be extended to the property and number of off-street parking spaces that would be provided. Staff reviewed recommendations of the Freeway Corridor Plan and Comprehensive Plan, both of which recommended the area be designated as open space. There were several public comments. Two people spoke in opposition to the request, citing concerns regarding loss of open space and problems related to utility extensions. Leisure Services Manager Gil Spence reviewed the Park and Recreation Commission's recommendation. The Zoning Advisory Commission discussed the request, noting that the property is designated as open space by the Comprehensive Plan and Freeway Corridor Plan. The Commission felt that rezoning to allow a single house between a park and an open space area is not a logical land use pattern and is counter to previously adopted plans for this area. Recommendation Bya vote of 4 to 2, the Zoning Advisory Commission recommends that the City Council deny the request. Service People Integrity Responsibility Innovation Teamwork Southern Avenue rezoning January 5, 2006 Page 2 A super majority vote is needed for the City Council to approve the request. Respectfully submitted, .~,h ~ J~fef Chairperson Zoning Advisory Commission Attachments [k;~~E ~ck~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DConditional Use Permit DAppeal DSpecial Exception DLimited Setback Waiver ~zoning 'tJPlanned District DPreliminary Plat DMinor Final Plat DText Amendment DSimple Site Plan o Minor Site Plan o Major Site Pia n o Major Final Plat DSimpie Subdivision DAnnexation DTempcrary Use Pemnit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tvoe or Drint leaiblv in Ink Property owner(s): C. ~ o( 1::A...~e Phone: 5~ -!.t2\D Address: ~ IN. ~ <;+. Oty: ~~ IA.L State: :J:A Zip: 5 UX:::> I \I Fax Number: 13'1>'1- "\ 1...'-1 Mobile/Cellular Number: (i!/) ,I;>{;')" -)'1'}' - ViIJ- ~ ApplicantjAgent: ,4-114;u rf. CO/JN,C g,,^,.e 1/ Phone: ..:1~-;$ -:> it 3-(",'7-1"2- Address: r?-!7-01 kCl,I'UCL. RD Oty: OCtP."1'uIE. State:MZip:,~.:2.605 Fax Number: Mobile/Cellular Number: "","3 .3''''-/:2. (. 6 '/:2.. Site location/address: 5'= i( h €.-.eN A t/ F Existing zoning: fb S Proposed zoning: (:Z.-l Historic District: t-.1 0 Landmark: t.J j) \ Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):X 1.01:"> Z.1. ~o e 31 f)f- ,,",l.. 3"1 '('~ ~..!>-rE'Itl.-1 $ 6P... \ O~.)1\o ~l-I "'ttE",~::. t:'~ -nJE' w~~-:r.ert.;-/ Sl..' , J e>F L.' oF- je>-\'" l3.IC.f..t>IL"l;. P~Q, &.."Z:.. eiF J..~t.J ~.b,l....fs poJJO. Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): ...::(0 ~cJ.JG- prt.o;'e'-T-I Fa:..c~ f"o~ "'1'"'0 rz.._1 J'b ~/'!.""'I"'T LO/~..s...,..... o r- 6. _~I....J IT''- """ - i""'J .....'1'--1 rt r, \~~ ue= CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written an1lraPhic materials are attached. Property Owner(s): (lzl ~ ~.J(l_:;:-- Date: lQ\ppllcantjAgent: LU~! ~~ Date;. !I//~/~'I I . '_ II- fC-I- OJ FOR OFFICE USE ONLY - APPLICATION SUBMrrr~/C:r= ..;. o.,.~ - Fee: 3...0. Received by: Date: I I ket: l!?site/sketch plan 0 Conceptual Development Plan o Photo o Plat Dlmprovement plans DDesign review project description DFloor plan DOther: "'0 Q) :::: c 1 Q) >- 0 ~ t N Q) Q) Q) Q. 0 0::: 1 0::: Q) a.U>- oro= CO ::I .... a. E Q) r Q) c a. (J) ro ..c E c Q) 0 c > Q)cu. - 0 <( c Q) I ro () o a. J!2 ~ c NO Ol..- Q) .... ~ .... Q) cu <( .... Q) L... 0'--- .- C Q) .c o .- (J) l:: "'0 ro ::I - - (/) c: ::I I- ..c ...... .- Q) = c- o ::I I 0 (/) .- <(::I (J) co. 0:::_ 0 (J ..c ro a. .f,..i::1 .2 (J) .9 :;::; 0 .- co c 0.0 _ c .... > ro_ o .- 0. U Q) 0. <1Z .2 0 :;::; l.... .- "'0 ro U E l:: .- m a. >- U (/) (/) (/) c..:t::: 0 Q) 0.- Q) <(() ...J 0.1=00::: .......... - I """ '::-0:, is: ~ .", 3Z ~ 15:; i<! r R S \, ~ " z > > ~ . .--"".fT7 ,., IO~A DEPARTMENT OF TRANSPORTAl RIGHT OF ~AY PLAT EXHIBIT 'A' - 2!': ~~ :;~ r~ ~; ?~ ~, nZ > , am" PRO.A::CTtfJ. SECTlCtl ROY-FEE ACCl.JIRDl FROM DUBUQUE F-61-B 1221 - 20-31 36' TO\fNSl-fIP AC. EA= SEE LISTING BELOW STIlTE 0 ,. 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SJ , I~'.r ~~'.H' ~T sr. s REZONING STAFF REPORT Zoning Agenda: January 4, 2006 Property Address: Southern Avenue Property Owner: City of Dubuque Applicant: Allan and Connie Rowell/City of Dubuque Proposed Land Use: Residential Proposed Zoning: R-1 Existing Land Use: Open Space Existing Zoning: pas Adjacent Land Use: North - Open Space East - Open Space South - Open Space West - Residential Adjacent Zoning: North - pas East - POS/R-1 South - pas West- R-1 Former Zoning: 1934 -Two Family Residential; 1975 - R-4; 1985 - R-2A Total Area: .75 Acres Property History: Most of the subject property was undeveloped wooded hillside but a portion of the lot served as yard area for a single-family residence until its purchase by the Iowa Department of Transportation circa 1990. Residential structures in this neighborhood were raised to accommodate the Highway 61/151 Freeway Corridor expansion and realignment. The remnant parcels on the west side of Southern Avenue were purchased from lOOT by the City of Dubuque and rezoned to pas Public Open Space in 1991, based on land use recommendation set forth in the adopted Freeway 61/151 Corridor Plan. Physical Characteristics: The property consists of six contiguous lots with approximately 275 feet of frontage along Southern Avenue with an average of 120 feet of depth. All but approximately the southeast one-quarter of the property consists of wooded bluff with a local grade change in excess of 70 feet. Concurrence with Comprehensive Plan: The Comprehensive Plan Land Use Map and Freeway Corridor Plan call for this area to be preserved as public open space. Goal 7.2 of the Comprehensive Plan Land Use Element states, "To promote in-fill development, where appropriate and encourage more compact urban form and avoid needless costly sprawl." Goal 7.3 states, "To promote redevelopment that maximizes existing infrastructure." Goal 7.1 states, "To protect and preserve existing open space and parkland to meet the community's needs. Impact of Request on: Utilities: Sanitary sewer is located along the property frontage and is adequate to serve the site. Water will have to be extended 600 feet from an existing main located at Samuel Street at the new property owner's expense. Rezoning Staff Report - Southern Avenue Page 2 Traffic Patterns/Counts: IDOT 2001 average daily traffic counts indicate 420 vehicle trips per day along Southern Avenue at its intersection with Locust Street approximately 1,200 feet north of the subject property and 180 vehicle trips per day along Samuel Street at its intersection with Southern Avenue approximately 700 feet south of the subject property. The addition of single-family residence at this location should have very limited impact on overall traffic volumes or patterns. Public Services: Existing public services are adequate to serve this site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control are provided during all phases of development and the bluff line protected from excessive excavation. Adjacent Properties: The subject parcel is bordered by a bluff and vacant City properties. Therefore, single-family residential development should have very limited impact on adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicants, Allan and Connie Rowell, have requested to purchase six lots from the City of Dubuque along Southern Avenue in an area zoned pas Public Open Space. The lots total approximately .75 acre. The Rowell's intention is to build a single- family home at this location. The six lots split an approximately 4.5 acre parcel owned by the City that is currently zoned pas. The City intends to develop the south portion of the lot, approximately two acres, to a park and the remaining 1.75 acres to the north will remain pas. The subject property is part of the 4.5 acre parcel that was a remnant from the Iowa Department of Transportation's realignment of the Highway 61/151 Corridor. Both the 2002 Comprehensive Plan Land Use Map and the Highway 61/151 Freeway Corridor Plan call for this area to remain park and open space. The intent of both plans is to establish an open space buffer/green way along the highway corridor, which serves as an entrance to single- family residential neighborhoods, and also to protect the natural bluff line, which is highly visible along this route. Adequate storm sewer is in place to serve the site. However, the purchaser of the property will have to extend water main approximately 600 feet to their site at their own expense. Staff recommends the Commission review Section 6-1.1 regarding the criteria established for rezoning. Prepared by: ~wt~..h.J~'1- Reviewed: Date: / ,.t'?7'OS .:( 0r c,- D~~~E ~ck~ MEMORANDUM November 14, 2005 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager~ SUBJECT: Rezoning of City property along Southern Avenue On November 14, 2005, Connie and Allen Rowell submitted a rezoning application to the Planning Services Department for City property located along Southern Avenue. The property is currently maintained by the Leisure Services Department, and is zoned POS Public Open Space. The Rowell's have asked to rezone the property to R-1 Single-Family Residential district to permit construction of a residence. As the City of Dubuque is the property owner, a representative of the City must sign the application (attached). Planning Staff have spoken with GiI Spence and he said that you have reviewed the Rowell's request and that the sale of the property is on hold pending the rezoning process. Please sign and return this application to our office. LC/mkr Attachment ~ , Prepafed by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Sl Telephone: 589-<1210 Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13"' Sl Telephone: 589-4121 ORDINANCE NO. 5-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON SOUTHERN AVENUE FROM POS PUBLIC OPEN SPACE DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from POS Public Open Space District to R-1 Single-Family Residential Zoning District, to wit: 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 (the Property). , Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 17th day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk eanne F. Schneider. 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IUIi: 2C-....wc 0 .e-C..ocoOE.:iO ~ +" c~-~~. >- .t::O~ CI) -0......., l:: i iSB:o~~a::Ja: ~..Ii~~::!ffi~~O~i!4= ~o~~o Q)o Q)1f)a1l:: ~.- gO~~8..a"i~~a: U:~~-aN$! a I~~~~~ow i~~~Ii~e~~~5i~~~~i~~~~~g~g~~~~!~B~:~~m!~-~5~is~~ ~ ;~oo~~~~8>wwQ~&OmZo~O~ooE!_~~eo~~~ej~~~1~~~~~!~~$~~~i !=~m~~- : _N~om%mwZO~~ 00 <_om_~ OO.N$oDoOMa a1D~_ 0a1a m, <,0 ~~G ~ 01/12/1995 01:33 319-588-8069 MAt<y ~ UHt<MAN rl-l'l;lc. elL January 2, 2006 fD)~@rnDwrnrm ln1 JAN 4 2006 lYJ City of Dubuque Zoning Advisory Commission Re: RaoDiDI ofSoutlleru AnDue Meeting on January 4, 2006 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Dear Membel'S oCthe Zoning Commission: Due 10 fiunily obligations I am IIIIlIblc to attend tolJight's public hc:aring regarding the rezoning of Southern Avenue. In following the proceedings it appears that much confusion arose over whether the Southern Avenue property could be sold, due to unknown agreements with the Iowa Department of Transportation. I am requesting you consider refusing this rezoning and retain the land for green space. It is my understanding that at one time, Mr. Bob Molo attempted to plIlCbasc this area for green space but was outbid for this land by the City who had intended its use for green-space retention -park purposes only. Mr. and Mrs. Rowell have evntinually stated they would like tbis property in order to retum to the area in wbich they used to live. At this writing a home at 89 Southern A venue is for sale. This is approximately one block from the property they wish to rC7Jlne. The area is literally dotted with homes for sale. During the August 9. 2005 Park. and RCCl'eation meeting, the possibility arose that, if sold, the City retain first rebuy otfer if the: Rowell's should, in the: future, sell same property. Should you agree to this rezoning could this be an added clause? When Grandview AvenuelMlUphy Park was first conceived, some 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 im:rease in population, green space will be needed and very appreciated by the future generations, as well as provide continual enjoyment for the: present residents of Dubuque. We need to increase OUl' City's green space, not sell it off. Thank you for yOUl' consideration. Sim:erely, 5/1 ),;It;:;; S.A. Sutton 1875 Custer Street Dubuque 6~.~~.~ J. ~ ~ .!J. --f~ I}U) UJ +c .V)~ ~;:cttj- Cf}U Sf'-1LtIuJV>,1) fllLL' !U/~tt ~ Jcu ~1/1A-~1lLf 15.6U1-UL t~w~~G~ ~~~~~L;~d 4., G,iJ--- JJ, 7 t'" 5" S4 hi V-<-. ( Sf. ~ ~t ~/t ~L~Lax-r, ALK ..J,tf\EIII('1 S-'.';j1(T. 'ulVfJ '1')f >U17'1.;-i:iV/'/ Muc:. /)(JJ;u!. J.( 455.,kuiw.JJ ~ 8~~ !i:. 0Jli 3?~ A~ ~~. ~~'1dl,{t ftll:Jff-t !:J!~?J ~O-t:f~/tN +. -n -VCtu.. 5' 0 J.. ;J ,~ct<A..L , S ~ IJ e 3 1\~rJ Cu../'~ 50;<.2, c~~ 0/1-'-'- / .. January 11,2006 C'G-,'~;/1 ~,(.1-~L/ ~ City Clerks Office City Hall 50 West 13th Street Dubuque IA 52001 Dear Council Members: This letter is in regards to our request to purchase city of Dubuque property on Southern A venue. I am sure you are aware we have been working with Gil Spence on this purchase for the past two years. We went before the City Council in November and won approval to purchase this property with a vote of 7-0. We attended a Zoning Commission meeting earlier this month where the majority of the commissioners voted against the sale of the property to us. It has been brought to our attention that the Zoning Commission did not have the background information attached herein. We truly believe if they had all of the background information they would have voted much differently. I want to thank you for your attention to this matter and I look forward to seeing you on the 17th. Sincerely, ~); v~ 'K Cl),Lt L(~ {2~f/ ~kl~,{!? ./ Allan and Connie Rowell 8501 Kane Road Dubuque IA 52003 l. .. D~~@UE ~<k~ MEMORANDUM October 24, 2005 TO: Michael C. Van Milligen, City Manager FROM: GiI D. Spence, Leisure Services Manager 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 ~ Soence Address: 2200 Bunker Hill Rd Phone: (589) 589-4263 RESOLUTION NO. 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 $30,000.00, plus the cost of publication, platting and filing. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Allan L. and Constance J. Rowell, upon receipt of the purchase price in full and payment of the cost of publication, platting and filing.. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of November, 2005. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk .;., "';: . -" ..,~+ C-$ ;~ , " .- - ~ -" ", ',,- ~1'- '3- 1 -"r'f-> :'" <L ~- -<:; 00- ,- +.~' ':t.;; ~>, r:\~ ~~ <:J::... .:. ~.'" .." ,,'. '" ,~- ~ c, '" '6; .s'= : ]s c. ',~ .. .;. ~ ~^"- C"",,-.. ..r <:!Pv ~.' O''''~'' ~o'6 0t-y .; '!l> ~' ':" ~c" Os .,~ '" .,~;:' -0 ,'" ,"" 0;1.7(1- ~ ell ~ '.I"!y <'"", /v. -- ':"/ oJ _ """/),>.(' 0. "'-:5 ~ ~, ,/ --..; ~............. ~ '" "\u~ ...s<:::, ,.J-. >:;;; I.-::.J ":;';.-.::" .....- ,.~-,'" ""'" 800. ~ ~ .. .~.~.~~ ,~+ ,'~~ ~~ '. Os 20@'\ ~ ..,~ ~:rJi .~-~~t~-;.. ......'J J:r..' ~':,~ , n ~C;3;.- i-l", .. ...O'3,\~ :~'f,:~': 'i~:~~~,~:<; "-'-"; :t.~;:,~;~. 's " S.i:!/ ., os! -- t-OC-,;!t" i! ,r :.,-~~: " '.,.--.. !! ~. .9o.eil Os ~?> <8. " CiO:' -s .~N~ -':R-' "" 61.'0_ '.1>:10. '\~.~, \....'/1, ;; 1.- "" "'. .~. . " "'" &J..ar?- ~', . ..>\9i ", 00:" os, ~~~~ ~{ ~1i1 :06' ,c..... ?~do-,.' ~':,>).. ..~ .. ./:/;;;...... .'" ~- . '. "" ;C-t~ij..,:.::_ ._ --:~ <0 ";'~;D':,. o~_ -~t--?<_ ,~\<t';:t ~ :. ~~_ . <Ji,..' 'C . ~1iJ; \"ig ,,1 o ~ :'Stf: -""" ,oj' .. ~... ';:-- -l iii.,: ;; ~ ~ ~-';>- , .:-7:'-1'010_""'., ':it- ..,t 'II< 'Q ~ .....': , ,....:~, C'\J .. 9"SSI. N ~OO- . ~ , n l2 0(.(. _ 0" " n c:oc. . OL -- ~, ~-r: y..~pC\~~ '\0- '~"""''''' ~.. .~~ "" . 091" c: / /;: i f " ~ '. .~. ;.-..",-..-. '';:'v,- -c ':':/ " Sc. /,'';1 fig f!0:.:~ f)' f~'<; T -f:i ',.--' ~I :;-1 j / ... .~ 0 "" , / k.; -. J' ~ , , .f;! --50'O'Cl, I ; ,- ~= 1____ l,' _, /,/ :'c~o '" 1 ~ /' ' 'N. "..:.'.'Y .",'.j-..~,.:", " /)'/-;. " ;:;;., c!~ '_ ;~/ ~ ~ ~r- ~- ~~ij::: ,~ -::. - I '0<: L /' /:.- /~ ,4~ , ~ / ;; --~:;~~:'i - ',lr \::;.. .-;:'c.,'?; --< " 7- ------ . . .,.' ~. --, \ \\ ""- ;-:r-- . . , , 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. The undersigned Buyers' obligation to purchase the Real Estate is expressly subject to and conditional upon satisfaction of all of the following contingencies prior to the closing date: (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 $jO,OOO.OO 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 Seller on or before the day of become void. is not accepted by , 2005, it shall Dated: August ct '( , 2005. ~d~ Allan L. R 1, Buyer ~LUJ iifi' ~J.tlSZ . Constance J. Row 11, uyer THIS OFFER IS ACCEPTED the day of , 2005. CITY OF DUBUQUE, IOWA, a municipal corporation, Seller By F:\WPDOCS\SHEILA\DOCS\GKN\Rowell-City of DUbuque Offer to Buy.wpd :..... . ", , :; ....'i-'t o -'--..- E ,-'~., .:~. . :.;~ ~l~ · \~ \ '\ \\ .., \ '\ \ \ \ \\ ~ j\: g ., ,- c'ir"~,:~!~ . . ~~~~~ ~ :r ~ . ,V)lL PJu-tf::i DJU. - ~~'~() j1~L' .{}_LU~ -f).ue. '+iJU ~~%~. +; 6ULU-L t~!u~~ ~~~~-~;rC d., G#.--Jt, 7 r; 5' Set hi v-<- ( 51. ~ ~-t ~n ~~Ulrtl _ A~ .' -J,f!l!Ii/('1 >7.'1-1/{r. (J.jVfJ '-17'; ~~w71-1-/.-IVL' fiue, IJ~ Ju 1/55 ~ ~ 8-0A~ J). J'lf' A~ ~, ~'~'1aW fYlJfft ~.;~ 3~~1.N ~. "n~ '5'0;J.. S ~c.tVI.L - 5'~IJ03 /~~.,.J 8--U'~ ~oc;( l,c~~~' January 11,2006 City Clerks Office City Hall 50 West 13th Street Dubuque IA 52001 Dear Council Members: I would like to ask for your consideration in allowing Allan and Connie Rowell to purchase the property on Southern A venue. They both were born and raised in Dubuque, Allan a few blocks from this property. They raised two children on Tressa Street. Both of their children have recently moved from the county and purchased houses close by so they can send their children to Bryant Elementary School where they attended. They have a close knit family and would like to stay close to their roots. I realize this is currently greenspace and I understand the importance of having greenspace. With that said there is a lot of greenspace in this area and with the new park I think it would fit in nicely. They keep an impeccable yard and anyone would be proud to have them as neighbors. Allan grew up with the bluffs in his backyard on South Locust so he is very familiar and has a lot of respect for the bluffs. I understand one of the issues for approval is seeing the property from the highway. My husband and I reside on South Grandview so I drive on the highway everyday and I have not been able to see the property from the highway. There is also a patch of trees to either side so I don't know if any of the current neighbors can see this property from theirs. Thank you for your consideration on this issue. Sincerely, _ ;;u )tv\Je'tL (LiV Tina Flanagan 1 1650 South Grandvlew Dubuque IA 52003 " January 11, 2006 City Clerks Office City Hall 50 West 13th Street Dubuque IA 52001 Dear Council Members: We wanted to write this letter and ask you to support the sale of property on Southern Avenue to Allan and Connie Rowell. We enjoy having them as neighbors and will miss them terribly when they move. 1 understand they want to move back to town. Allan is so excited sharing his bluff experience stories with his grandchildren and getting back to his roots. It would be a tragedy if someone who loves and appreciates this area so much and grew up here could not return there and share his experiences. They had overwhelming support at their first City Council Meeting and they definitely deserve your overwhelming support again. Thank you for your consideration on this issue. Sincerely,tl 1 . vC1/w/ . ..f ;:/ -/\~.- -' Kevin and Cathy Hoffinan 8423 Southern Hills Court Dubuque IA 52003 ( c. (0; !' . , ~.~ (- " January 11,2006 City Clerks Office City Hall 50 West 13th Street Dubuque IA 52001 Dear Council Members: I would like to voice my opinion and ask you to allow Allan and Connie Rowell to purchase the property on Southern Avenue. They have a beautiful new home at 8501 Kane Road, but would like to move back to town. I encourage you to drive past their home prior to making your decision. They keep a very tidy house and yard, most people would love to have someone like that living next door. They have worked very hard on all of the details to purchase this land and are very deserving of your support. Thank you for your consideration on this issue. Sincerely, (~#1~ Lori Schmitt 175 State Street Dubuque IA 52003 C.: I ~ c .- :....L.