Offer to Buy Weis Grocery_400 East 22nd Street, Four Mounds FoundationMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Four Mounds Foundation: Purchase of 400 East 22nd Street
DATE: January 16, 2014
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
Assistant City Attorney Crenna Brumwell is recommending approval of the "Offer to Buy
Real Estate and Acceptance" of real property located at 400 East 22nd Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: January 15, 2014
RE: Four Mounds Foundation: Purchase of 400 East 22nd Street
The Four Mounds Foundation (Four Mounds) holds the mortgage for the former Weis
Grocery at 400 East 22nd Street owned by Janice Weis. Ms. Weis died in March of
2011. Since that time Four Mounds has been working to obtain title to the property.
The City needs to acquire the property as part of the Bee Branch Watershed Project
and has an interest in the property for use as a possible future police substation and
has preliminarily discussed possible uses for the structure with Four Mounds.
In order to obtain clear title to the property, Four Mounds foreclosed on the mortgage.
The foreclosure process is complete and the property is scheduled for sheriff's sale on
January 23, 2014. Four Mounds will bid on the property at the sheriff's sale to protect
its investment in the property. It is likely that Four Mounds will retain the property
following the sheriff's sale. The total of Four Mounds' investment is:
Judgment
$45,509.45
Interest
$1,009.40
Sheriff Fees
$136.40
Publication Costs
$30.24
Total
$46,685.49
Interest continues to accrue at a rate of $7.7477 per diem from and after January 23,
2014 until the closing. The total above does NOT include $4,549.41 in liens in favor of
the City for assessments against the property for delinquent utilities, delinquent vacant
and abandoned building license, weeds, grass and garbage cleanup by the City.
Attached is an "Offer to Buy Real Estate and Acceptance." As a condition of the
agreement:
• The City will receive a warranty deed but the property will be conveyed in "as -is"
condition.
• The City will assume the $4,549.41 in special assessments (which are owed to
the City) so they would not have to be paid as part of the closing.
• No proration of real estate taxes; the City is responsible for taxes in the amount
of $1,219 through March 2014.
• Four Mounds pays the transfer tax and prepares the warranty deed,
Groundwater Hazard Statement and Declaration of Value.
• Four Mounds will have the abstract updated at its costs if the City requires it for a
title opinion.
I recommend that the "Offer to Buy Real Estate and Acceptance" be submitted to the
City Council for consideration and approval.
cc: Alvin Nash, Housing & Community Development Director
Gus Psihoyos, City Engineer
Deron Muehring, Civil Engineer
RESOLUTION NO. 20-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE FOUR MOUNDS
FOUNDATION IN THE CITY OF DUBUQUE
Whereas, Four Mounds Foundation intends to acquire certain real estate legally
described as follows (the Property):
Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of
Mineral Lot 314 in the City of Dubuque, Iowa according to the recorded plats thereof;
and
Whereas, the City of Dubuque desires to acquire the Property which is located near
the area of the Bee Branch Creek Restoration Project for stormwater mitigation
activities; and
Whereas, an Offer to Buy and Acceptance has been negotiated with Four Mounds
Foundation subject to acquisition of the Property by Four Mounds Foundation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty
Deed to the Property upon satisfaction of the terms of the Offer to Buy and Acceptance.
Passed, approved and adopted this 21st day of January, 2014.
Attest:
/
Kevin . irnstahl, ity erk
Roy D. Buol, Mayor
Sheriff's Cost Sheet
Sale: Four Mounds vs Weis
Date: Jan 23, 2014 10:00a_m_ Dubuque county Law Enforcement Center
Case: ECLCV 101013
Judgment: $
Interest: $
Atty Fees: $
Cost: $
Publication fees: $
Sheriff Fees: $
45,509.45
1_,009.40
30.24
136.50
$ 46,685.59
Any questions please call; please include tax address on all bids. If plaintiff is high bidder, please
send a check to cover sheriff feesSt publication cost.
Deputy E.M_ Palen
Dubuque County Sheriff's Office
l d 890L 'ON
ddI?J3Hu h1Nf100 3nonsf10 Wb'bb 6 bIOZ
Masterpiece on the Mississippi
MEMORANDUM
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Ken TeKippe
Finance Director
DATE: February 6, 2014
RE: Four Mounds Foundation: Purchase of 400 East 22nd Street
Ken:
We closed on the above - referenced property on Thursday, January 30, 2014. Attached
for your file is the original Closing Statement. I will retain a copy of this Closing
Statement in my file.
Also attached for your reference is a copy of the Closing documents. We took these
documents to the Dubuque County Recorder's Office on Tuesday, February 4, 2014 for
recording. If you need a copy of the recorded documents, please let me know and I will
provide you with those documents once I receive them.
Thank you.
cc: 14<evin Firnstahl, City Clerk
Gus Psihoyos, City Engineer
Deron Muehring, Civil Engineer
F:\ USERS \Cbrumwel \Engineering \Weis Grocery\ TeKippe_ OriginalClosingStatement _020614.doc
REAL ESTATE CLOSING STATEMENT
Seller: FOUR MOUNDS FOUNDATION
Premises: 400 EAST 22ND STREET, DUBUQUE, IA 52001
Purchasers: CITY OF DUBUQUE, IOWA
Date of Closing: 1/30/2014
Place of Closing: FREUND LAW FIRM, P.C.
EIN: 42- 1265303
EIN:
Sale Price:
Earnest Money:
Remaining Balance
n /a,
$46,685.59
$46,685.59
Expenses to Sale:
Tax Proration: None per agreement.
Special Assessments: Assumed by buyer per agreement.
Advanced costs Freund Law Firm, P.C.: $626.46
Broker fee: n/a
Seller Attorney fees: n/a
Transfer Tax: Dubuque County Recorder
Abstracting fee: n/a
TOTAL
NET TO SELLER
Seller
Buyer
SELLER'S EXPENSES
SELLER EXPENSES
POC
($74.40)
($74.40)
$46,611.19
NDS FOUNDATION, by John D. Freund, its Chair
CITY OF DUBUQUE, IOWA, by Crenna Brumwell, Assistant City Attorney
Return To: Crenna Bramwell, 300 Main Street, Suite 320, Dubuque, IA 52001
Preparers John D. Freund, 1005 Main Street, Suite 200, Dubuque, IA 52001, (563) 587 -8050
Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001
QUIT CLAIM DEED
For the consideration of Ten Dollar(s) and other valuable consideration, Four Mounds
Foundation do hereby Quit Claim to City of Dubuque, Iowa all our right, title, interest, estate, claim
and demand in the following described real estate in Dubuque County, Iowa:
Lot 1 of Lot 1 of Lot 12 in L. Kniest's Subdivision of part of Mineral
Lot 314 in the City of Dubuque, Iowa, according to the recorded plats
thereof.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive
share in and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Dated: dr °4 '( d / 20f r
r Mounds Foundation (Grantor)
y John D. Freund, its Chair
STATE OF IOWA, COUNTY OF DUBUQUE
This instrument was acknowledged before me on 4'#h `/ 301 20 PI by John D.
Freund, as Chair of Four Mounds Foundation.
NOTARY SEAL - IOWA
SARA E. FR.EUND
COMMISSION NUMBER 776883
My commission expires: 02/06/2016
lV tary Public
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: Four Mounds Foundation SSN or FEIN: 42- 1265303
Seller Address: 4900 Peru Road, Dubuque, IA 52001 e- mail/phone' (563) 585 -0657
BUYER: City of Dubuque, I o w a SSN or FEIN. 4/.E.— O /5 % 6 Gtf
Buyer Address: 50 West 13th Street
e- mail/phone: (563) 589-4100
Y
Address of Properly Conveyed. 400 E. 22nd Street, Dubuque, IA 52001
Date of instrument' • ® Deed i ❑ Contract_2 A
Legal Description: Lot 1 of Lot 1 of Lot 12 in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa,
sceording to the recorded plats thereof.
Type of Sale (check all that apply): ❑ Fulfillment of prior year(s) contract ❑ Sale to/by Exempt Organization ❑ Auction Sale
Corporate merger or reorganization 0 Purchase of adjoining land ❑ Transfer of partial Interest MI Quit Claim Deed
Li Sale between famlly members or related parties 0 Foreclosure, forfeitures, or transfers arising from default; forced sale
Was this a sale of AG LAND to ❑ Corporation ❑ Trust ❑ Alien ❑ Non - Resident Allen 0 Limited Partnership A
DECLARATION OF VALUE STATEMENT
1. Total Amount Paid $ 46,685.59
2. Amount Paid for Personal Property (see instructions) $
3. Amount Paid for Real Property Only (1 minus 2) $ ' 46,685.59 A
Contract Safe 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 1 OF THiS FORM IS TRUE AND CORRECT AS
DETAIL €\ D
Signatu� Buyer TI t B OF THIS OR rint�d Name John D. Freund, Chair Phone #: (563) 587 -8050
J� ❑ Bu or IS] Seiler or
❑ Agent or ❑Attorney
PART II - TO BE COMPLETED BY THE ASSESSOR
Ciassllication of Property: ❑ Res 4_ ❑ Com _5_ ❑ Ind _2_ 0 Ag _1_ A Deeded Acres: A
OCC A, 'MAMBA A Tax District
Primary Parcel Number • ( attach list of addillonal parcels)
Full Assessed Value
January 1 of Year of Salo
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)
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name Four Mounds Foundation
Address 4900 Peru Road, Dubuque, JA 52001
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name City of Dubuque, Iowa
Address 50 West 13th. Street
Number and Skeet or RR City, Town or P.O. State Zip
Address of Property Transferred:
400 E. 22nd Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach If necessary) Lot 1 of Lot 1 of Lot 12 in L. Kniest's Subdivision
of part of Mineral Lot 314 in the City of Dubuque, Iowa, according to 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)
,..2L 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:
Four Mounds Foundation has owned the property in question only as a result of foreclosure on a real
estate mortgage. Four Mounds Foundation knows that the properly has been in poor physical condition,
but it does not have any actual knowledge of any groundwater hazards as described herein. Four
Mounds Foundation is aware that the real property in question.
1 HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THiS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:
i�•
(Transferor or Agent)
FILE WITH RECORDER
Telephone No,: (563) 5854657
DNR form 542.0960 (July 18, 2012)
'RESOLUTION NO. 20-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE FOUR MOUNDS
FOUNDATION IN THE CITY OF DUBUQUE
Whereas, Four Mounds Foundation intends to acquire certain real estate legally
described as follows (the Property):
Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of
Mineral Lot 314 in the City of Dubuque, Iowa according to the recorded plats thereof;
and
Whereas, the City of Dubuque desires to acquire the Property which is located near
the area of the Bee Branch Creek Restoration Project for stormwater mitigation
activities; and
Whereas, an Offer to Buy and Acceptance has been . negotiated with Four Mounds
Foundation subject to acquisition of the Property by Four Mounds Foundation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty
Deed to the Property upon satisfaction of the terms of the Offer to Buy and Acceptance.
Passed, approved and adopted this 21St day of January, 2014..
Attest:
Ad'
Kevin rnstahl, City erk
Roy D. BuoI, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
1, 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.
do further state that the hereto attached Resolution No. 20 -14 is a true and correct
copy of the original.
In Testimony Whereof, 1 hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 22nd day of January, 2013.
i
6i.�02,5s'%l/d
Kevin S Firnstahl, MC, `i y Clerk
{SEAL)
i
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Four Mounds Foundation, Dubuque, Iowa ( "Seller "):
1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Dubuque
County, Iowa, legally described as:
Lot One. (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot
314 in the City of Dubuque, Iowa, according to the recorded plats thereof,
(hereinafter the "Real Estate ") together with any easements and appurtenant sentient estates, but
subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any
easements of record for public utilities, roads and highways (hereinafter the "Real Estate ");
provided Buyers, on possession, are permitted to make the following use of the Real Estate:
residential and commercial rental.
2. PRICE. The purchase price shall be $46,685.59 plus $7.7477 per diem from and after
January 23, 2014 until the Closing, all payable in cash at Closing.
3. REAL ESTATE TAXES. Buyer shall take the Real Estate subject to all property taxes
due and owing, and no real estate tax proration shall be made at the Closing.
4. SPECIAL ASSESSMENTS. Buyer shall take the Real Estate subject to all special
assessments which are a lien on the Real Estate.
5. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with Sellers until
possession of the Real Estate shall be delivered to Buyers.
6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyers, provided, however,
that if there is any loss or destruction of all or any part of the Real Estate from causes covered by
the insurance maintained by Seller, then Buyer agrees to accept such damaged or destroyed Real
Estate together with such insurance proceeds in lieu of the Real Estate in its present condition,
and shall not be required to repair or replace the same.
7. POSSESSION. If Buyers timely perform all obligations, possession of the Real Estate
shall be delivered to Buyers on or before , 2014, with any
adjustments of rent, insurance, and interest to be made as of the date of transfer of possession.
The foregoing date of Closing may be changed by agreement of the parties if necessary to
accommodate surveying and recording of the plat of survey.
8. FIXTURES. All property that integrally belongs to or is part of the Real Estate,
whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows,
storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating
equipment, air conditioning equipment, wall to wall carpeting, built -in items and electrical
service cable, outside television towers and antenna, fencing, gates and landscaping shall be
considered a part of Real Estate and included in the sale except: none.
9. USE OF PURCHASE PRICE. [INTENTIONALLY LEFT BLANK]
10. ABSTRACT AND TITLE; Seller shall deliver to Buyer the abstract of title at
Closing, but such abstract need not be updated.
11. DEED. Upon payment of the purchase price, Seller shall give to Buyer a Quit Claim
Deed in the form attached hereto as Exhibit "A" and by this reference incorporated herein.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. [INTENTIONALLY
LEFT BLANK]
13. JOINDER BY SELLER'S SPOUSE. [INTENTIONALLY LEFT BLANK]
14. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. 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 thirty days
written notice of intention to accelerate the payment of the entire balance because of such failure
(during which thirty clays such failure is not corrected) Sellers 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 perform this contract timely, then Buyer has the right to have all
payments made returned to him.
c. Buyer 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.
16. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on
the Real Estate, Seller shall furnish Buyer with a written statement from the holder of such lien,
showing the correct balance due.
17. SUBSEQUENT CONTRACT. [INTENTIONALLY LEFT BLANK]
18. APPROVAL OF COURT. [INTENTIONALLY LEFT BLANK]
19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall
apply to and bind the successors in interest of the parties.
20. 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.
21. CERTIFICATION. Buyer and Seller 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 banmed 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. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before
, 2014, then it shall become void and all payments shall be repaid to the Buyer.
23. APPROVAL BY CITY COUNCIL. This offer is expressly contingent upon
approval by the City Council of the City of Dubuque, Iowa and shall not be binding upon the
City of Dubuque until duly approved by said council.
24. OTHER PROVISIONS. Notwithstanding any provision herein to the contrary, the
following shall apply to this transaction:
a. Buyer hereby agrees that if it demolishes, deconstructs, or rehabilitates the Real
Estate that it will provide Seller with an opportunity to perform such. work for Buyer
that is within the scope and capabilities of Seller through its HEART Program. Buyer
and Seller shall endeavor to determine how Seller/HEART can assist Buyer with such
services, and the parties shall enter into a separate and binding agreement related to
such work upon Buyer's demolition, deconstruction, and/or rehabilitation.of the Real
Estate.
b. Buyer is purchasing the Real Estate in as -is, where -is condition and takes subject to
. any and all defects, including but not limited to structural, environmental, zoning,
special assessments, taxes of any nature, and claims made by any person or persons.
Seller hereby warrants and represents that it has no actual knowledge of any condition
of the Real Estate or its title that would cause Buyer's ownership to be jeopardized,
with the following exceptions: real estate taxes and special assessments.
c. Buyer acknowledges that the Real Estate has been the subject of a real estate
foreclosure action in the Iowa District Court for Dubuque County and that Seller
plans to acquire title via sheriffs sale scheduled for January 23, 2014 in Dubuque
County. If Seller does not acquire title as a result of said sheriff's sale, then this Offer
to Buy Real Estate and Acceptance shall be null and void and of no force or effect.
Only if Seller is the prevailing bidder at the sheriff's sale will Seller be liable to fulfill
the terms and conditions set forth herein.
Accepted 404-A---e)"---6 t pd Dated January 21, 2014
SE I LE
P15(t Name: Four Mounds Foundation
John D. Freund, its chair
4900 Peru Road, Dubuque, IA 52001
/L/
Print Name: City of Dubuque, Iowa
Its (Mayor)- (MayFer-Pre- -T-em)
EXHIBIT "A"
Prepared by: John D. Freund, 1005 Main Street, Suite 200, Dubuque, IA 52001 (563) 587 -8050
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001
Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001
QUIT CLAIM DEED
For the consideration of Ten Dollars ($10.00) and other valuable consideration, Four
Mounds Foundation does hereby quit claim to City of' Dubuque, Iowa all of its right, title,
Interest, estate, claim, and demand in the following real estate in Dubuque County, Iowa:
Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot
314 in the City of Dubuque, Iowa, according to the recorded plats thereof.
Each of the undersigned hereby relinquishes all rights of dower, homestead, and
distributive share in and to the real estate. Words and phrases herein, including acknowledgment
hereof, shall be construed as in the singular or plural number, and as masculine or feminine
gender, according to the context.
Dated • , 2014.
FOUR MOUNDS FOUNDATION, GRANTOR:
By
John D. Freund, its Chair
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss.
This instrument was acknowledged before one on , 2014 by
John D. Freund as Chair of Four Mounds Foundation.
Notary Public
ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION
AND
PURCHASE OF PROPERTY
Project: 400 East 22nd Street, Dubuque, IA 52001
Parcel No.: 1024211001
As owner(s) of real estate needed for the above referenced project and parcel, (I) /(We)
acknowledge this is a voluntary negotiated purchase by the City of Dubuque, Iowa
under Section 6b.1A of the Iowa Code, and is not an acquisition by the City of Dubuque,
Iowa through an exercise of the power of eminent domain under Chapter 6B of the Iowa
Code. This voluntary negotiated sale to the City of Dubuque, Iowa was made without
any coercive action of any nature.
Seller Date
Seller Date
Notary Public in and for Dubuque County, Iowa
1iiiiii1iiiiiiiiiII II iiiiiiII11111iiiii11111II III II II 11111111
Doc ID: 007916430007 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 02/04/2014 at 02:11:54 PM
Fee Amt: $116.40-Page 1 of 7
Revenue Tax: $74.40
Dubuque County Iowa
Kathy Flynni /Thurlow Recorder
File20i4-000011i1/�4
Return To: Crenna Brumwell, 300 Main Street, Suite 320,Dubuque, IA 52001
Preparer: John D. Freund, 1005 Main Street, Suite 200,Dubuque,IA 52001, (563) 587-8050
Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque,IA 52001
QUIT CLAIM DEED
For the consideration of Ten Dollar(s) and other valuable consideration, Four Mounds
Foundation do hereby Quit Claim to City of Dubuque,Iowa all our right,title,interest,estate,claim
and demand in the following described real estate in Dubuque County, Iowa:
Lot 1 of Lot 1 of Lot 12 in L.Kniest's Subdivision of part of Mineral
Lot 314 in the City of Dubuque,Iowa,according to the recorded plats
thereof.
Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive
share in and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Dated: 01Nu4'ft-`f 3 d , 2(Dr �.
r Mounds Foundation(Grantor)
y John D. Freund, its Chair
STATE OF IOWA, COUNTY OF DUBUQUE
This instrument was acknowledged before me on J A4c)/4 y 3o t 20 f'i by John D.
Freund, as Chair of Four Mounds Foundation.
NOTARY SEAL-IOWA 14otary Public
SARA E. FREUND
COMMISSION NUMBER 776883
My commission expires: 02/06/2016
0 37
UK, ClrIL
•
RESOLUTION NO. 20-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE FOUR MOUNDS
FOUNDATION IN THE CITY OF DUBUQUE
Whereas, Four Mounds Foundation intends to acquire certain real estate legally
described as follows (the Property):
Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of
Mineral Lot 314 in the City of Dubuque, Iowa according to the recorded plats thereof;
and
Whereas, the City of Dubuque desires to acquire the Property which is located near
the area of the Bee Branch Creek Restoration Project for stormwater mitigation
activities; and
Whereas, an Offer to Buy and Acceptance has been negotiated with Four Mounds
Foundation subject to acquisition of the Property by Four Mounds Foundation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty
Deed to the Property upon satisfaction of the terms of the Offer to Buy and Acceptance.
Passed, approved and adopted this 21st day of January, 2014..
r ,
Roy D. Buol, Mayor
Attest:
Kevin(S. irnstahl, City erk
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. 20-14 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 22nd day of January, 2013.
Z07:ffe 1r2"
e. � d/
Kevin S. Firnstahl, MC, i y Clerk
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f+ f r 111x0
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OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Four Mounds Foundation,Dubuque, Iowa("Seller"):
1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Dubuque
County, Iowa, legally described as:
Lot One (1) of Lot One (1)of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot
314 in the City of Dubuque,Iowa, according to the recorded plats thereof,
(hereinafter the "Real Estate") together with any easements and appurtenant servient estates, but
subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any
easements of record for public utilities, roads and highways (hereinafter the "Real Estate");
provided Buyers, on possession, are permitted to make the following use of the Real Estate:
residential and commercial rental.
2. PRICE. The purchase price shall be $46,685.59 plus $7.7477 per diem from and after
January 23, 2014 until the Closing, all payable in cash at Closing.
3.REAL ESTATE TAXES. Buyer shall take the Real Estate subject to all property taxes
due and owing, and no real estate tax proration shall be made at the Closing.
4. SPECIAL ASSESSMENTS. Buyer shall take the Real Estate subject to all special
assessments which are a lien on the Real Estate.
5. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with Sellers until
possession of the Real Estate shall be delivered to Buyers.
6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyers, provided, however,
that if there is any loss or destruction of all or any part of the Real Estate from causes covered by
the insurance maintained by Seller,then Buyer agrees to accept such damaged or destroyed Real
Estate together with such insurance proceeds in lieu of the Real Estate in its present condition,
and shall not be required to repair or replace the same.
7. POSSESSION. If Buyers timely perform all obligations,possession of the Real Estate
shall be delivered to Buyers on or before , 2014, with any
adjustments of rent, insurance, and interest to be made as of the date of transfer of possession.
The foregoing date of Closing may be changed by agreement of the parties if necessary to
accommodate surveying and recording of the plat of survey.
8. FIXTURES. All property that integrally belongs to or is part of the Real Estate,
whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows,
storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating
equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical
service cable, outside television towers and antenna, fencing, gates and landscaping shall be
considered a part of Real Estate and included in the sale except: none.
9.USE OF PURCHASE PRICE. [INTENTIONALLY LEFT BLANK]
10. ABSTRACT AND TITLE. Seller shall deliver to Buyer the abstract of title at
Closing,but such abstract need not be updated.
11. DEED. Upon payment of the purchase price, Seller shall give to Buyer a Quit Claim
Deed in the form attached hereto as Exhibit"A"and by this reference incorporated herein.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. [INTENTIONALLY
LEFT BLANK]
13. JOINDER BY SELLER'S SPOUSE. [INTENTIONALLY LEFT BLANK]
14. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. 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 thirty days
written notice of intention to accelerate the payment of the entire balance because of such failure
(during which thirty days such failure is not corrected) Sellers 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 perform this contract timely, then Buyer has the right to have all
payments made returned to him.
c. Buyer 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.
16. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on
the Real Estate, Seller shall furnish Buyer with a written statement from the holder of such lien,
showing the correct balance due.
17. SUBSEQUENT CONTRACT. [INTENTIONALLY LEFT BLANK]
18. APPROVAL OF COURT. [INTENTIONALLY LEFT BLANK]
19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall
apply to and bind the successors in interest of the parties.
20. 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.
21. CERTIFICATION. Buyer and Seller 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. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before
, 2014,then it shall become void and all payments shall be repaid to the Buyer.
23. APPROVAL BY CITY COUNCIL. This offer is expressly contingent upon
approval by the City Council of the City of Dubuque, Iowa and shall not be binding upon the
City of Dubuque until duly approved by said council.
24. OTHER PROVISIONS. Notwithstanding any provision herein to the contrary, the
following shall apply to this transaction:
a. Buyer hereby agrees that if it demolishes, deconstructs, or rehabilitates the Real
Estate that it will provide Seller with an opportunity to perform such work for Buyer
that is within the scope and capabilities of Seller through its HEART Program. Buyer
and Seller shall endeavor to determine how Seller/HEART can assist Buyer with such
services, and the parties shall enter into a separate and binding agreement related to
such work upon Buyer's demolition, deconstruction, and/or rehabilitation of the Real
Estate.
b. Buyer is purchasing the Real Estate in as-is, where-is condition and takes subject to
any and all defects, including but not limited to structural, environmental, zoning,
special assessments, taxes of any nature, and claims made by any person or persons.
Seller hereby warrants and represents that it has no actual knowledge of any condition
of the Real Estate or its title that would cause Buyer's ownership to be jeopardized,
with the following exceptions: real estate taxes and special assessments.
c. Buyer acknowledges that the Real Estate has been the subject of a real estate
foreclosure action in the Iowa District Court for Dubuque County and that Seller
plans to acquire title via sheriff's sale scheduled for January 23, 2014 in Dubuque
County. If Seller does not acquire title as a result of said sheriff's sale,then this Offer
to Buy Real Estate and Acceptance shall be null and void and of no force or effect.
Only if Seller is the prevailing bidder at the sheriff's sale will Seller be liable to fulfill
the terms and conditions set forth herein.
Accepted �/, pd Dated January 21 , 2014
SE E BUYER
- '4"11
P A Name:Four Mounds Foundation Print Name: City of Dubuque, Iowa
John D. Freund, its chair By:
4900 Peru Road,Dubuque,IA 52001 Its (Mayor) (Mayor Pro Tcm)
EXHIBIT "A"
Prepared by: John D.Freund, 1005 Main Street, Suite 200,Dubuque, IA 52001 (563) 587-8050
Return to: Crenna Brumwell, 300 Main Street, Suite 330,Dubuque, IA 52001
Taxpayer: City of Dubuque, Iowa, 50 West 13th Street,Dubuque, IA 52001
QUIT CLAIM DEED
For the consideration of Ten Dollars ($10.00) and other valuable consideration, Four
Mounds Foundation does hereby quit claim to City of Dubuque, Iowa all of its right, title,
interest, estate, claim, and demand in the following real estate in Dubuque County, Iowa:
Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot
314 in the City of Dubuque, Iowa, according to the recorded plats thereof.
Each of the undersigned hereby relinquishes all rights of dower, homestead, and
distributive share in and to the real estate. Words and phrases herein, including acknowledgment
hereof, shall be construed as in the singular or plural number, and as masculine or feminine
gender, according to the context.
Dated ,2014.
FOUR MOUNDS FOUNDATION, GRANTOR:
By
John D. Freund, its Chair
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss.
This instrument was acknowledged before me on , 2014 by
John D.Freund as Chair of Four Mounds Foundation.
Notary Public
1 iiiiii1 iiiiii iii iiiif hili hili hili hili hili hili hili hili hili hili ilii ilii
Doc ID: 007916440002 Type: GWH
Kind: GROUNDWATER
Recorded: 02/04/2014ZatD02:12:10 PM
Fee Amt: $0.00 Pape 1 of 2
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014_00000139
REAL ESTATE TRANSFER- GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name Four Mounds Foundation
Address 4900 Peru Road,Dubuque,IA 52001
Number and Street or RR City,Town or P.O. State Zip
TRANSFEREE:
Name City of Dubuque, Iowa
Address 50 West 13th Street
Number and Street or RR City,Town or P.O. State Zip
Address of Property Transferred:
400 E. 22nd Street,Dubuque, IA 52001
Number and Street or RR City,Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) Lot 1 of Lot 1 of Lot 12 in L. Kniest's Subdivision
of part of Mineral Lot 314 in the City of Dubuque,Iowa, according to 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)
a
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)
X 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:
Four Mounds Foundation has owned the property in question only as a result of foreclosure on a real
estate mortgage. Four Mounds Foundation knows that the property has been in poor physical condition,
but it does not have any actual knowledge of any groundwater hazards as described herein. Four
Mounds Foundation is aware that the real property in question.
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature: t.
g Telephone No.: (563) 585-0657
(Transferor or Agent)
FILE WITH RECORDER DNR form 542-0960(July 18, 2012)