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Sale of Property at 2290 Washington StreetTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of Property at 2290 Washington Street DATE: February 11, 2013 Dubuque kital All- America City II h/ 2012 Housing and Community Development Director Alvin Nash recommends City Council approval of the sale of City -owned real property located at 2290 Washington Street to Katherine Toskey for the appraised value of $99,000. The City purchased eight properties for the Bee Branch project in the 2200 -2300 blocks of Washington Street, due to the need to take a portion of the rear yards for the realigned right -of -way. The houses are each being fully renovated, in preparation for their re -sale to income - qualifying homebuyer families. Development of this property was funded as part of the Bee Branch Creek Restoration Program and the Lead Paint Hazard Reduction Program. No Neighborhood Stabilization Program (NSP) funds were used on this property. Dubuque Bank and Trust will provide a first mortgage, and the buyer will receive the "Washington Neighborhood" Incentives package, including a $15,000 combination forgivable and deferred - payment loan to assist with the downpayment; and a $25,000 City second mortgage. According to the terms of the Iowa Finance Authority and the Lead Program funding, this property must be sold to an income - qualifying buyer (earning less than 80% area median income). I concur with the recommendation and respectfully request Mayor and City Council approval. kr,„709,,, Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing & Community Development Director Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Michael Van Milligen, City Manager Alvin Nash, Housing & Community Development Director Sale of Property at 2290 Washington Street February 5, 2013 Dubuque ktratd All - America City 2012 Introduction The purpose of this memorandum is to request City Council approval of the attached resolution, authorizing sale of City -owned real property located at 2290 Washington Street, to Katherine Toskey. Background The City purchased eight properties for the Bee Branch project in the 2200 -2300 blocks of Washington Street, due to the need to take a portion of the rear yards for the realigned right -of -way. The houses are each being fully renovated, in preparation for their re -sale to income - qualifying homebuyer families. Development of this property was funded as part of the Bee Branch Creek Restoration Program and the Lead Paint Hazard Reduction Program. No Neighborhood Stabilization Program (NSP) funds were used on this property. The second of these, located at 2290 Washington, has been completed and an offer to purchase has been received. Discussion An offer has been made by Katherine Toskey to purchase the property at 2290 Washington Street for $99,000, in accordance with the value established by an independent appraisal. The buyer will receive the "Washington Neighborhood" Incentives package, including a $15,000 combination forgivable and deferred - payment loan to assist with the downpayment; and a $25,000 City second mortgage. All properties must be sold to income - qualifying buyers (earning less than 80% area median income) according to the terms of the Iowa Finance Authority and the Lead Program funding. Financing to Katherine Toskey will be provided through a first mortgage from Dubuque Bank & Trust and the Washington Neighborhood Incentives Program. By action of the City Council at its meeting held on February 4, 2013, Resolution No. 37 -13 approved the setting of a public hearing to be held for the disposal of property at 2290 Washington Street. Action Step The action requested of the City Council is to approve the attached resolution authorizing the sale of property located at 2290 Washington Street to Katherine Toskey. KLN Attach. Page1 of 1 • IUIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIN Doc ID• 007649850004 Tvpe• GEN Kind DEED WITH RESOLUTION Recorded: A: $27.00 /Page at to4 12:08:40 PM Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2013-00005217 Prepared by: Maureen A. Quann 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to:Benjamin J. Roth, 1400 University Avenue , Dubuque IA 52001 563-557-1611 Tax Statement to: Katherine Pineda Toskey 2290 Washington Street Dubuque, Iowa 52001 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 Katherine Pineda Toskey, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 1 of Bee Branch Subdivision No. 3, in the City of Dubuque, Iowa, according to the recorded plat thereof 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. 55-13 of the City Council of the City of Dubuque adopted the 18th day of February, 2013, 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 18th of March , 2013 at Dubuque, Iowa. 0 0 File Number: 2013-00005217 Se 1 RESOLUTION NO.55 -13 A RESOLUTION APPROVING THE SALE OF REAL ESTATE SPECIFICALLY 2290 WASHINGTON STREET WHEREAS, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on February 4, 2013, in the Dubuque Historic Federal Building, 350 West 6th Street, Dubuque, Iowa to consider the proposal to dispose of City - owned real estate located at 2290 Washington Street. Lot 1 Bee Branch #3, in the City of Dubuque, County of Dubuque, Iowa WHEREAS, a qualifying home buyer, Katherine Toskey, has signed an offer to purchase and has obtained financing from a local lender; and WHEREAS, the City Council of the City of Dubuque, Iowa has overruled any and all objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above -named real estate to the above -named grantee. 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 sale of the following legally - described property: Lot 1 Bee Branch #3 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Ninety -Nine Thousand Dollars ($99,000). Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty Deed to the buyer, conveying the City's interest to Katherine Toskey for the herein - described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby authorized and directed to forward a copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Auditor. PASSED, APPROVED AND ADOPTED this 18th day of February, 2013. Attest: 0 Roy D Buol, Mayor Prepared by: Maureen A. Quann 300 Main Street, Suite 330, Dubuque IA 52001 563 589 -4381 Return to:Benjamin J. Roth, 1400 University Avenue , Dubuque IA 52001 563 - 557 -1611 Tax Statement to: Katherine Pineda Toskey 2290 Washington Street Dubuque, Iowa 52001 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 Katherine Pineda Toskey, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 1 of Bee Branch Subdivision No. 3, in the City of Dubuque, Iowa, according to the recorded plat thereof 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. 55 -13 of the City Council of the City of Dubuque adopted the 18th day of February, 2013, 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 18th of March , 2013 at Dubuque, Iowa. CITY OF DUBUQUE IOWA Attest: By: Kevi S. Firnstahl, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE Roy D. ,raoi Mayor On this 18th day of March , 2013 , before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl 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. Notary Public in a�i�l for Dubuque County, Iowa 10 GM.. PAMELA J. AAcCARRON Commission Number 772419 NY Comm, Exp. CITY OF DUBUQUE,. IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 18th day of February, 2013 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following des- cribed real properties, described as: Lot 1 Bee Branch Sub. No. 3 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof. (2290 Wash- ington Street) to Katherine Toskey; and Lot 1 Bee Branch #6, in the City. of Dubuque, County of Dubuque, Iowa, according to the recorded plat there of (2320 Washington Street) to Samantha and Nolan Heins. At the meeting, the City Council will receive oral and written objections from any resident or property owner of said City to the above actions. After all objections have been received and consi- dered, the City Council may at this meeting or at any adjournment thereof, take additional action for the disposition of the City's interest in such real estate above or abandon the proposals. By order of the City Council said hearing and appeals there from shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa. Written comments regarding the above public hearings may be submitted to the City Clerk's Office 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 rezoning. Copies of supporting docu- ments for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4100 or TTY (563), 690 -6678 at least 48 hours prior to the I meeting. This notice is given by order of the City. Council of the City of Dubuque. Iowa, as provided by Chapter 403 of the Code of Iowa. Dated this 8th day of February, 2013. 1t 2/8 RESOLUTION NO.37 -13 A RESOLUTION OF INTENTION TO DIS- POSE OF CITY - OWNED PROPERTY, LOT 1- BEE - BRANCH SUB. NO. 3, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF - 2290 WASHINGTON STREET Whereas, the City of Dubuque, has acquired certain real properties in connection with the Bee Branch Creek Re- Alignment Project; and Whereas, THE City has received an offer to purchase this property from Katherine Toskey; Whereas, by accepting an offer to purchase for this property the City's objective for providing homeowner- ship to a qualifying buyer 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, intends to dispose �f its interest in the following legally-des- cribed property: . Lot 1 Bee Branch Sub. No. 3 in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in` the above- described real property to Katherine Toskey, for the sum of $99,000. Section 3. That the City Clerk is hereby authorized and direct- ed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 for a public hearing on the City's intent to dispose of the above - described property, to be held on February 18, 2013, at 6:30 p.m. at the Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 4th day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk It 2/8 RESOLUTION NO.38 -13 A RESOLUTION OF INTENTION TO DISPOSE OF CITY - OWNED PROPERTY, SPECIFICALLY, LOT 1 BEE BRANCH NO. 6, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, 2320 WASHINGTON STREET Whereas, the City of Dubuque has obtained certain real property in connection with the- Bee Branch Creek Re- Alignment Project; and for purpose of its rehabilitation and re- sale for - owner - occupied housing; and i Whereas, the City received an offer to purchase this property from Samantha and Nolan Heins; and Whereas, such purpose supports the Neighborhood Stabil- ization Program and Washington Neigh- borhood Revitalization strategy as approved by the City Council; and Whereas, by ac- cepting the selected offer the City's objectives of providing homeownership to an income qualified buy- ers and rehabilitation of a vacated home 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, intends to dispose of its interest . in the following legally -des- cribed property: Lot 1 Bee Branch #6, in the City of Dubuque,. County of Dubuque, Iowa • Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Samantha and Nolan Heins for the sum of $75,000.`. Section 3. That the City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing - described Property, to be held on the 18th day of February, 2013, at 6:30 o'clock p.m. at the Historic Federal Build- ing, 350 West 6th St., Dubuque, Iowa.. Passed, approved and adopted this 4th day of February, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk It 2/8 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: February 8, 2013, and for which the charge is $79.52. A Mine_ j Cam/ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this A03 day of , 20 /5 . Notary Public in and for Dubuque County, Iowa. MARY K. l BEST ERM EY:-_R [..77.`„:t + Commission Plumber 1S4_±' :