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Iowa Natural Heritage Foundation Warranty Deed
Masterpiece on the Mississippi BARRY LIND CITY ATTORNE To: MEMORANDUM Mayor Roy D. Buol and Members of the City Council DATE: December 9, 2013 RE: Purchase of Property from Iowa Natural Heritage Foundation On August 17, 2011, the City entered into an agreement with the Iowa Natural Heritage Foundation to purchase the former Bottoms property to develop a 52 -acre addition adjacent to the E.B. Lyons Interpretive Center. The City has now acquired the property. Attached is a resolution accepting the deed to the property. I recommend City Council approval of the resolution. BAL:tls Attachment cc: Michael C. Van Mil!igen, City Manager Laura Carstens, City Planner F: \USERS \tsteckle \Lindahl \Bottoms Property Acquisition \MayorCouncil_ ResolutionAcceptingDeed _120913.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 RESOLUTION NO. 357-13 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE IOWA NATURAL HERITAGE FOUNDATION WHEREAS, the City of Dubuque entered into an Agreement with the Iowa Natural Heritage Foundation for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of JQ ACRES in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the North West 1/4 of the South West 1/4 and The South West 1/4 of the North West 1/4 of Section 6, Township 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to Government Survey and the respective recorded Plats thereof AND WHEREAS, the terms of the Agreement have now been met. NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from the Iowa Natural Heritage Foundation attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 16th cjay of December, 2013. 0 Roy D. Bt ol, Mayor Attest: Kevi r irnsta I, Cit lerk F: \USERS \tsteckle \Lindahl \Bottoms Property Acquisition\ ResolutioinAcceptingRealEstate _INHF_120913.doc REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Iowa Natural Heritage Foundation Address 505 5th Ave. STE 444, Des Moines, IA 50309 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 W. 13th St., Dubuque, IA 52001 Number and Street or RR City, Town or P.O. Address of Property Transferred: State Zip Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary Lot 1 JQ Acres in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the 1\ 4 o t e a any t o n o t e a 0 Section 6, Township 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof rr ,r 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) WARRANTY DEED (CORPORATE GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Ross A. Baxter, Iowa Natural Heritage Foundation 505 5th Ave. Ste 444, Des Moines, IA 50309, Phone: (515) 288 -1846 Taxpayer Information: (Name and complete address) City of Dubuque, 50 W. 13th St., Dubuque, IA 52001 Return Document To: (Name and complete address) City of Dubuque, 50 W. 13th St., Dubuque, IA 52001 Grantors: Grantees: Iowa Natural Heritage Foundation City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Ross A. Baxter FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER e,� . ,, %,> ye For the consideration Dollar(s) and other valuable Iowa Natural Heritage Foundation WARRANTY DEED (CORPORATE GRANTOR) of one consideration, a corporation organized and existing under the laws of Iowa does hereby Convey to City of Dubuque, Iowa the following Lot 1 the SW Dubuque thereof. The estate the real covenants be above Words plural Dated: STATE by Joseph described real JQ Acres in Section '' and the SW '' of County, Iowa, according Corporation hereby by title in fee simple; estate is free and to Warrant and stated. and phrases herein, number, according to %4vealIe�,, ")1 estate in Dubuque County, Iowa: 1 of the NW '' of 3 East of the 5th P.M., the recorded plats that it holds the real the real estate; that be above stated; and it persons, except as may as in the singular or 1, Table Mound the NW to covenants that it has clear of all Defend the including the context. 10i3 Township, Dubuque County, Iowa; Lot '/ of Section 6, Township 88 North, Range the United States Government Survey and with grantees, and successors in interest, good and lawful authority to sell and convey liens and encumbrances, except as may real estate against the lawful claims of all acknowledgment hereof, shall be construed Iowa Natural Heritage Foundation a(n) Iowa corporation By /2( A , OF IOWA seph A. McGovern, President Title By Title COUNTY OF POLK This instrument was acknowledged A. McGovern before me on A: viti.01 her' 1?' ?_.i 13 , as President of Iowa Natural Heritage Foundation . ROSS BAXTER it Commission • My scion June 16, 765490 20 �% Ross Baxter, Notary Public © The Iowa State Bar Association 2005 104 WARRANTY DEED (CORPORATE GRANTOR) IOWADOCS® Revised June 2005 THE CITY OF DUB 7E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY 6k0* To: Kevin Firnstahl City Clerk DATE: December 16, 2013 RE: Iowa Natural Heritage Foundation Kevih: As you know, the Resolution and Warranty Deed regarding the above - referenced . subject is on tonight's agenda. Attached for recording upon approval are the following documents: 1. Original executed Warranty Deed; 2. Original executed Groundwater Hazard Statement with accompanying original IDNR Time of Transfer Inspection Waiver; and 3. Original executed Declaration of Value. Also attached for your file is the following: 1. Original fully executed Offer to Buy Real Estate; 2. IDNR check no. 46814 for $530.40 for the real estate transfer tax regarding this property acquisition; and 3. Original fully executed Closing Statement and Closing Checklist. Please feel free to contact me with any questions regarding this matter. Thank you. BAL:tls Attachments cc: Ken TeKippe, Finance Director F: \USERS \tstecklelLindahl \Bottoms Property Acquisition\ Firnstahl_ INHFDocsForRecording_121613.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org 5. Private Burial Site (check one) X There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi - public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: / f _ /$ ✓lo d/ S ai s / 44✓11.. as-504 0 O 6..//7-4) I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Trans eror or FILE WITH RECORDER Telephone No.: (515) 288 -1846 DNR form 542 -0960 (July 18, 2012) The Dubuque IOWA DEPARTMENT of NATURAL RESOURCES TIME of TRANSFER INSPECTION WAIVER For BUILDING DEMOLITION 542 -0063 County Board of Health and the buyer of the property referenced below enter into the following agreement: It is understood that Iowa Code 4558.172(11) requires an inspection of the private sewage disposal system on all properties not specifically exempted in Iowa at the time of transfer. The property located at and the buyer, (See Attached Legal Description). .. the City of Dubuque, Iowa , Iowa is subject to this inspection , shall not occupy the dwelling located on this property and shall demolish said dwelling by the 9th day of May , 20 14 It is hereby agreed that the time of transfer inspection and upgrading of the private sewage. disposal system serving this property will not be required as long as the dwelling is not occupied and is removed by the 9th Dated the 9th day of May day of December ,20 14 r BUYER Ba ry A. Lindahl, City Attorney This instrument was acknowledged before me on s TRACEY L. STECKLEiN: Commission Number 716016 )o.► r My Comm. Exp. IA ^It'IN 05/2010 cmz 20 13 COU1ffY BOARD OF HEALTH or AUTHORIZED REPRESENTATIVE MC(,-m i 9 , 20 13 by DARKLI / . Lu\ncoAL Notary Public 542 -0063 LEGAL DESCRIPTION Lot 1 of JQ ACRES in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the North West % of the South West'/ and The South West' of the North West 1/4 of Section 6, Township 88 North, Range 3 East of the 5t" P.M., Dubuque County, Iowa, according to Government Survey and the respective recorded Plats thereof REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT SELLER: Iowa Natural Heritage Foundation SSN or FEIN: 424127544 Seller Address: 505 5th Ave. STE 444, Des Moines, IA 50309 e-mail/phone. (515) 288 -1846 BUYER: City of-Dubuque, Iowa SSN or FEIN Buyer Address: 50 W. 13th St., Dubuque, IA 52001 e- mail /phone: Address of Property Conveyed: Date of Instrument. 11/05/2013 ♦ N Deed _1 ❑ Contract _ 2 A Legal Description: See Addendum Type of Sale (check all that apply): ❑ Fulfillment of prior year(s) contract ❑ Sale to /by Exempt Organization ❑ Auction Sale ❑ Corporate merger or reorganization ❑ Purchase of adjoining land ❑ Transfer of partial interest ❑ Quit Claim Deed ❑ Sale between family members or related parties ❑ Foreclosure, forfeitures, or transfers arising from default; forced sale Was this a sale of AG LAND to: ❑ Corporation ❑Trust 0 Alien ❑ Non - Resident Alien ❑ Limited Partnership • 1. Total Amount Paid DECLARATION OF VALUE STATEMENT $ 2. Amount Paid for Personal Property (see instructions) 332,000.00 3. Amount Paid for Real Property Only (1 minus 2) $ 332,000.00 . Contract Sale Information: Down Payment $ Interest Rate % Monthly Payment $ Length of Contract years Balloon Payment Date (if applicable) I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAIL D ON T - BAC OF THIS FORM . Printed Name• Heather Jobst, Land Projects Director Phone #• (515) 288 -1846 ❑ Buyer or al Seller or ❑ Agent or ❑ Attorney Signature PART II - TO BE COMPLETED BY THE ASSESSOR Classification of Property: ❑ Res _4_ ❑ Com _5_ ❑ Ind _2_ ❑ Ag _1_ A Deeded Acres: OCC Primary Parcel Number • ( attach list of additional parcels) A TLA /GBA • A Tax District • Full Assessed Value January 1 of Year of Sale Land Building Dwelling Total Good for study? ❑ Yes ❑ No NUTC • If No, give reason. Effective Date of Form 09/30/12 Iowa Department of Revenue ISBA 57006a (03/23/12) Addendum Legal Description of Property Lot 1 JQ Acres in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the NW 1/ of the SW 1/ and the SW % of the NW % of Section 6, Township 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof THE IOWA STATE BAR ASSOCIATION ROSS A. Baxter FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 180 THIS FORM, CONSULT YOUR LAWYER 5TA1.k, ‘1'- 0 'd OFFER TO BUY REAL ESTATE AND ACCEPTANCE q . (NONRESIDENTIAL) ss�craz4° TO: - . • . - . , � - - - ' - I -� e Cuyk Iv 4-t. nu ( LLcr-; Any Fou.n d4.'4+ o.. IUSellers) , The undersigned BUYERS hereby offer to buy and the undersigned SE .LERS by their acceptance agree to sell the real property situated in Dubuque County , Iowa, locally known as and legally described as: Lot 1 JQ Acres in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the NW '/a of the SW 'A and the SW '/a of the NW ''A of Section 6, Township 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof. together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions provided BUYERS, on possession, are permitted to use the Property for 1. PURCHASE PRICE. The Purchase Price shall be $ 332,000.00 and the method of payment shall be as follows: $ with this offer, to be deposited upon acceptance of this offer and held in trust by as earnest money, to be delivered to the SELLERS upon performance of SELLERS' obligations and satisfaction of BUYERS' contingencies, if any; and the balance of the Purchase Price, as follows: Entire balance to be paid at closing, closing to take place on or about December 4, 2013. 2. REAL ESTATE TAXES. Sellers shall pay See Section 23 additional provisions. and any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. ' , Unless otherwise provided in this Agreement, at closing SELLERS shall pay BUYERS, or BUYERS shall be given a credit for, taxes from the first day of July prior to possession to the date of possession based upon the last known actual net real estate taxes payable according to public records. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current levy rate, assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the assessor's records on the date of possession. 3. SPECIAL ASSESSMENTS. A. SELLERS shall pay in full at time of closing all special assessments which are a lien on the Property as of the date of acceptance November 20, 2013 . B. IF "A" is stricken, then SELLERS shall pay at time of closing all installments of special assessments which are a lien on the Property and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. C. All charges for solid waste removal, sewage and maintenance that are attributable to SELLERS' possession, including those for which assessments arise after closing, shall be paid by SELLERS. D. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid • by SELLERS through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to SELLERS. E. BUYERS shall pay all other special assessments or installments not payable by SELLERS. ©The Iowa State Bar Association 2009 180 Offer to Buy Real Estate and Acceptance (Nonresidential) 10WADOCSO Revised June 2009 4. RISK OF LOSS AND INSURANCE. SELLERS shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLERS agree to maintain existing insurance and BUYERS may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, BUYERS shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. 5. POSSESSION AND CLOSING. If BUYERS timely perform all obligations, possession of the Property shall be delivered to Buyers on December 4th, 2013 , and any adjustments of rent, insurance, interest and all charges attributable to the SELLERS' possession shall be made as of the date of possession. Closing shall occur after the approval of title by BUYERS and vacation of the Property by SELLERS, but prior to possession by BUYERS. SELLERS agree to permit BUYERS to inspect the Property within 24 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. This transaction shall be considered closed: A. Upon the delivery of the title transfer documents to BUYERS and receipt of all funds then due at closing from BUYERS under the Agreement. B. (If "A" is stricken) Upon the filing of the title transfer documents and receipt of all funds due at closing from BUYERS under the Agreement. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. Also included shall be the following: N/A The following items shall not be included: N/A 7. CONDITION OF PROPERTY. The property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the SELLERS in its present condition until possession, ordinary wear and tear excepted. SELLERS make no warranties, expressed or implied, as to the condition of the property. A. BUYERS acknowledge that they have made a satisfactory inspection of the Property and are purchasing the Property in its existing condition. B. (If "A" is stricken) Within days after the acceptance of this Agreement, BUYERS may, at their sole expense, have the property inspected by a person or persons of their choice to determine if there are any structural, mechanical, plumbing, electrical, environmental, or other deficiencies. Within this same period, the BUYERS may notify in writing the SELLERS of any deficiency. The SELLERS shall immediately notify the BUYERS in writing of what steps, if any, the SELLERS will take to correct any deficiencies before closing. The BUYERS shall then immediately in writing notify the SELLERS that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to BUYERS. 8. ABSTRACT AND TITLE. SELLERS, at their expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, November 20, 2013 , and deliver it to BUYERS' attorney for examination. It shall show marketable title in SELLERS in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The SELLERS shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLERS' inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of BUYERS when the Purchase Price is paid in full. SELLERS shall pay the costs of any additional abstracting and title work due to any act or omission of SELLERS, including transfers by or the death of SELLERS or their assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. -2- 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, SELLERS shall pay the costs thereof. BUYERS may, at BUYERS' expense prior to closing, have the property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. SELLERS warrant to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require remediation under current governmental standards, and SELLERS have done nothing to contaminate the Property with hazardous wastes or substances. SELLERS warrant that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. SELLERS shall also provide BUYERS with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: B. BUYERS may at their expense, within days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, BUYERS' obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to BUYERS. However, in the event SELLERS are required to expend any sum in excess of $ to remove any hazardous materials, substances, conditions or wastes, SELLERS shall have the option to cancel this transaction and refund to BUYERS all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by BUYERS. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by SELLERS, subject to SELLERS' right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, SELLERS shall convey the Property to BUYERS by Corporate Warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by BUYERS. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLERS, immediately preceding acceptance of the offer, hold title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the SELLERS, then the proceeds of this sale, and any continuing or recaptured rights of SELLERS in the Property, shall belong to SELLERS as joint tenants with full rights of survivorship and not as tenants in common; and BUYERS in the event of death of any SELLER, agree to pay any balance of the price due SELLERS under this contract to the surviving SELLERS and to accept a deed from the surviving SELLERS consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. SELLER'S spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to a lien on the Property, SELLERS shall furnish BUYERS with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. -3- 16. APPROVAL OF COURT. If the Property is an asset of an estate, trust or conservatorship, this Agreement is contingent upon Court approval unless Court approval is not required under Iowa law and title standards of the Iowa State Bar Association. If the sale of the Property is subject to Court approval, the fiduciary shall promptly submit this Agreement for such approval. If this Agreement is not so approved by either party may declare this Agreement null and void, and all payments made hereunder shall be made to BUYERS. 17. REMEDIES OF THE PARTIES. A. If BUYERS fail to timely perform this Agreement, SELLERS may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLERS' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of BUYERS' default (during which thirty days the default is not corrected), SELLERS may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If SELLERS fail to timely perform this Agreement, BUYERS have the right to have all payments made returned to them. C. BUYERS and SELLERS are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall be entitled to obtain judgment for costs and attorney fees. 18. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. 19. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by SELLERS and BUYERS. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 20. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 21. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 22 INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM . Delete inappropriate alternatives below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected. A. Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal s stem, and there are no known private sewage disposal systems on the property. B. XigM?4g6C4 9aggXs fv Wi g)( A iNSYW v Xs`MKe C. Ig? PO K v 1 xttl >iPFig aif iti 4X>�S`Xc�Sc vYv t�oialW` iit X i . 4 " S ?in i g .t m pmxXXXXXXXXXXXXXXXX�XXXXXXXXXXXXXXXX . -. 23. ADDITIONAL PROVISIONS. 1. Buyer shall be responsible for all property taxes. 2. Seller acknowledges that the sale of the Property to Buyer is below appraised value and thus a bargain sale. in J -4- ACCEPTANCE. When accepted, this Agreement shall become a. binding contract. if not accepted and delivered to BUYERS on or before the 20th day of November, 2013 , this Agreement shall be null and void and all payments made shall be returned immediately to BUYERS. If accepted by SELLERS at a later date and acceptance is satisfied in writing, then this contract shall be valid and binding. - Accepted 101 56 ,., 1_5 SELLERS Iowa Natural Heritage Foundation Lp0 Print NaMe Heather jobst, Land ProjectsDirector SS# Dated MbA 3 BUYERS City of Dubuque Print Name SS# Address :505 5th Ave. STE 444, Des Moines, IA 50309 Telephone: (515) 288-1846 -5- Print Name Michael.C. Van Milligen, City Manager EIN# 42-6004596 Print Name SS# Address : Telephone. Addendum for Inspection of Private Sewage Disposal System Buyer and Seller agree on the following initialed alternative to comply with the time of transfer inspection of private sewage disposal systems: There is a private sewage disposal system on this Property which serves the Property. Seller has obtained or shall obtain at Seller's expense within _ days a certified inspector's report which documents the condition of the private sewage disposal system, that it is of sufficient capacity to serve the Property, that the continued use of the system is permitted, and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. Seller shall attach the inspection report to the Groundwater Hazard Statement to be filed at closing. If Seller receives an unsatisfactory report, the basis of which cannot be resolved between Buyer and Seller within _ days of delivery of a copy to Buyer, then upon written notice from Buyer to Seller, this agreement shall be null and void and all earnest money paid hereunder shall be returned immediately to Buyer. _There is a private sewage disposal system on this Property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. Buyer shall execute a binding acknowledgment with the County Board of Health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. Buyer shall attach a copy of the binding acknowledgment to the Groundwater Hazard Statement to be filed at closing. When the inspection is completed, an amended Groundwater Hazard Statement shall be filed with the certified inspection and shall include the document numbers of both the real estate transfer document and the original Groundwater Hazard Statement Seller agrees at closing to deposit the sum of $ Dollars into escrow with ( "Escrow Agent ") to reimburse Buyer for expenses incurred for the cost of the inspection and any required modifications to the private disposal system. Escrow Agent shall pay to Buyer, up to the amount held in escrow, amounts for required modifications after any such modifications are completed and upon submission to Escrow Agent of a detailed invoice. If no modifications are required, the entire escrow account shall be returned to Seller. Any funds remaining in the escrow account after any required modifications shall be returned to Seller. Seller shall not be responsible for any cost in excess of the escrow deposit. _There is a private sewage disposal system on this Property. The building to which the sewage disposal system is connected will be demolished without being occupied. Buyer shall execute a binding acknowledgement with the county board of health to demolish the building within an agreed upon time period. Buyer shall attach a copy of the binding acknowledgement to the Groundwater Hazard Statement to be filed at closing. There is a private sewage disposal system on this Property. The private sewage disposal system has been installed within the past two years pursuant to permit number Item 4 GF935 To reorder, please call Blackbaud Forms at our toll free number, 866.422.3676 IOWA NATURAL HERITAGE FOUNDATION 505 - 5TH AVENUE, INSURANCE EXCHANGE BLDG., SUITE 444 DES MOINES, IA 50309 46814 11/26/201 3 To: DUBUQUE COUNTY TREASURER 720 CENTRAL AVENUE DUBUQUE, IA 52001 INVOICE NUMBER DATE 11/26/2013 DESCRIPTION Bottoms Transfer Tax Totals: AMOUNT DISCOUNT NET AMOUNT $530.40 $530.40 $0.00 $0.00 $530.40 $530.40 IOWA N■ATURAI,I4EIUTAGE FOUNDATION ii ioRrn bra IOWA HERITAGE FOUNDATION p 505 , 5Th AVENUE, SUITE 444 ' DES�MOINES{ IA50309'' °r (515),2884846,:•`': WELLS'FARGO BANK IOWA 33- 22/730 '' 46814 CHECK DATE CHECK NO.. )1/26/2013 4681/4 CHECK AMOUNT undred thirty and,40 /100 Dollars ** DUBUQUE COUNTY TREASURE 720 CENTRAL AVENUE DUBUQUE, IA 52001 :, RIZED,SIGNATURE 7'3000 2; CLOSING CHECKLIST CITY OF DUBUQUE, IOWA AND IOWA NATURAL HERITAGE FOUNDATION, SELLER December 4, 2013, ten o'clock a.m. 300 Main Street Suite 330 Dubuque IA 52001 Lot 1 of JQ ACRES in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the North West 1/4 of the South West 1/4 and The South West 1/4 of the North West 1/4 of Section 6, Township 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to Government Survey and the respective recorded Plats thereof. Due from Seller Property Purchase Price Real Estate Transfer Tax $530.40 Real EstateTaxes To Be Paid By Buyer Parcel 1606151001 (SW NW): 07/01/12 — 06/30/13 $167.00 Parcel 1606301001 (Lot 1 NW SW) 07/01/12 — 06/30/13 $ 25.00 Parcel 1501426005 (Lot 1 JQ Acres) 07/01/12 — 06/30/13 $396.00 CITY OF DUBUQUE, IOWA (BUYER) By: B. ry Lindahl, City Attorney Due from Buyer $332,000.00 IOWA NATURAL HERITAGE FOUNDATION (SELLER) Heather Jobst, Land Projects Director F: \USERS \tstecklelLindahl \Bottoms Property Acquisition \ClosingCheck list &Statement_INHF_112613.doc 112613ba1 CLOSING CHECKLIST CITY OF DUBUQUE, IOWA AND IOWA NATURAL HERITAGE FOUNDATION December 4, 2013, ten o'clock a.m. 300 Main Street Suite 330 Dubuque IA 52001 Lot 1 of JQ ACRES in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the North West 1/4 of the South West and The South West 1/4 of the North West 1/4 of Section 6, Township 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to Government Survey and the respective recorded Plats thereof. Abstract brought up to date and delivered for review prior to Closing City Warranty Deed INHF Deed Recording Fee City Declaration of Value INHF Groundwater Hazard Statement INHF 6. Net Purchase Price $332,000.00 City Real Estate Transfer Tax $530.40 INHF i8. Real Estate Taxes for Fiscal Year 2012 -2013 City and Subsequent Years When Due 4. Closing Statement City 112613ba1 WARRANTY DEED (CORPORATE GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Recorder's Cover Sheet 1iiiiiiiiiiiiiiiiiiiiiIIlliiiii Iiiiii11111iiiiiiiiiiiiiIIIIIIEIM1111 Doc ID 007868800005 Type Kind: DEED WITH RESOLUTION Recorded: 12/18/2013 at 03:15:25 PM Fee Amt: $562.40 Pape 1 of 5 Revenue Tax: $530.40 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2013 00019141 Preparer Information: (Name, address and phone number) Ross A. Baxter, Iowa Natural Heritage Foundation 505 5th Ave. Ste 444, Des Moines, IA 50309, Phone: (515) 288 -1846 Taxpayer Information: (Name and complete address) City of Dubuque, 50 W. 13th St., Dubuque, IA 52001 Return Document To: (Name and complete address) City of Dubuque, 50 W. 13th St., Dubuque, IA 52001 Grantors: Grantees: Iowa Natural Heritage Foundation City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IO WADOCS® C-1- Ci r k THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Ross A. Baxter FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER WARRANTY DEED (CORPORATE GRANTOR) For the consideration of one Dollar(s) and other valuable consideration, Iowa Natural Heritage Foundation a corporation organized and existing under the laws of Iowa does hereby Convey to City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lot 1 JQ Acres in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the NW '/ of the SW 'A and the SW '4 of the NW '/ of Section 6, Township 88 North, Range 3 East of the 5th P M , Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: Iowa Natural Heritage Foundation a(n) Iowa corporation Jorseph `A McGovern; President Title By Title STATE OF IOWA , COUNTY OF POLL This instrument was acknowledged before me on f' �� °� I �(,f . ` ' U<.�° ! , by Joseph A McGovern as President of Iowa Natural Heritage Foundation Ross Baxter, Notary Public © The Iowa State Bar Association 2005 IOWADOCS® 104 WARRANTY DEED (CORPORATE GRANTOR) Revised June 2005 Prepared by Barry A Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to Barry A Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 RESOLUTION NO. 357-13 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE IOWA NATURAL HERITAGE FOUNDATION WHEREAS, the City of Dubuque entered into an Agreement with the Iowa N atural Heritage Foundation for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of JQ ACRES in Section 1, Table Mound Township, Dubuque County, Iowa, Lot 1 of the North West % of the South West' and The South West' of the North West 14 of Section 6, Township 88 North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to Government Survey and the respective recorded Plats thereof AND WHEREAS, the terms of the Agreement have now been met. N OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from the Iowa Natural H eritage Foundation attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 16th cjay of December, 2013. Roy D. B'ol, Mayor Attest: Kevi, : irnsta I. Cit4' Jerk F: \USERS \tsteckle \Lindahl \Bottoms Property Acquisition\ ResolutioinAcceptingRealEstate _INHF_120913.doc CERTIFICATE of the CITY CLERK STATE OF IOWA ) ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City 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. 357 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 17th day of December, 2013. Key`n S. Firnstahl, CMC, City Clerk 1111111/ /1111 iii 11111111111111/ 11/111111/ /1/1/ 111111/1// 1111111111111// 111/ 111/ Doc ID: 007868810004 Type: GWH Kind GROUNDWATER HAZARD Recorded: 12/18/2013 at 03:15:37 PM Fee Amt $0.00 Page 1 of 4 Kathy uFlynn County Recorder Fi1e2013 00002179 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Iowa Natural Heritage Foundation Address 505 5th Ave. STE 444, Des Moines, IA 50309 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 W. 13th St , Dubuque, IA 52001 Number and Street or RR City, Town or P.O. Address of Property Transferred: State Zip Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary Lot 1 JQ Acres in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the N 4 o t e 4 an t o o t e 4 0 Section 6, Township 88 North, Range 3 East of the 5th P M., Dubuque County, Iowa according to the United States Government Survey and the recorded plats thereof 1. Wells (check one) X There are no known wells situated on this property. ® There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. ® There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. ® There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks most heating oil tanks, cisterns and septic tanks, in instructions.) ® There is an underground storage tank on this property The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) 5. Private Burial Site (check one) X There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi - public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. ® There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. ® There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ e There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] ® This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: ® The private sewage disposal system has been installed within the past two years pursuant to permit number • Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: FILE WITH RECORDER Telephone No.: (515) 288 -1846 DNR form 542 -0960 (July 18, 2012) The IOWA DEPARTMENT of NATURAL RESOURCES TIME of TRANSFER INSPECTION WAIVER For BUILDING DEMOLITION 542-0063 County Board of Health and the buyer of the property referenced below enter into the following agreement: It is understood that Iowa Code 455B1172(11) requires an inspection of the private sewage disposal system on all properties not specifically exempted in Iowa at the time of transfer. The property located at and the buyer, (See Attached Legal Description) the City of Dubuque, Iowa located on this property and shall demolish said dwelling by the May , 20 14 , Iowa is subject to this inspection , shall not occupy the dwelling 9th day of It is hereby agreed that the time of transfer inspection and upgrading of the private sewage disposal system serving this property will not be required as long as the dwelling is not occupied and is removed by the 9th day of May Dated the 9th day of ,20 14 December BUYER Barry A. Lindahl, City Attorney This instrument was acknowledged before me on iTRACEY L STECKLEfN s Commission Number 716016 My Comm. Exp. ° 05/2010 cmz by ,20 13 COUNTY BOARD OF HEALTH or AUTHORIZED REPRESENTATIVE ,20 Notary Public 542 -0063 LEGAL DESCRIPTION Lot 1 of JQ ACRES in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of the North West % of the South West' and The South West' of the North West' of Section 6, Township 88 North, Range 3 East of the 5t" P.M. Dubuque County, Iowa, according to Government Survey and the respective recorded Plats thereof