Property Acquisition_1513 Washington Street_RichardTHE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Ken TeKippe
Finance Director
DATE: December 10, 2014
RE: 1513 Washington Street — Roger Richard
We have closed on the above -referenced property.
Attached please find:
1. The original Closing Statement.
2. A copy of the check payable to Roger Richard for $50,356.73.
3. A copy of the check payable to Dubuque County Treasurer for $1,670.78 (tax
sale amount due). I delivered the check to the Treasurer and have attached the
original receipt.
4. A copy of the check payable to Dubuque County Treasurer for $36.39 (special
assessment). I delivered the check to the Treasurer and have attached the
original receipt.
5. A copy of the check payable to Dubuque County Treasurer for $806.48 (taxes). I
delivered the check to the Treasurer and have attached the original receipt.
6. A copy of the check payable to Kintzinger Law Firm PLC for $1,137.00. I
delivered the check to the law firm.
7. A copy of the check payable to Dubuque County Abstract & Title for $200.00. I
delivered the check to the abstract company.
8. A copy of the check payable to Dubuque County Recorder for $89.60. I delivered
the check to the Recorder.
The warranty deed, groundwater hazard statement, and declaration of value were filed
with the Dubuque County Recorder. The City Clerk's Office will be billed for these
documents.
If you need further information, please let me know. Thank you.
cc: Kevin Firnstahl, City Clerk
Alvin Nash, Housing & Community Development Director
Closing Statement
1513 Washington Street
December 10, 2014
Roger D. Richard
1543 Washington Street
Dubuque, IA 52001
Purchase Price $56,145.00
Dubuque County Treasurer -
Taxes for January 1 - June 30, 2014
Taxes for July 1 - December 10, 2014
Total
Dubuque County Recorder
Transfer Tax
Liens: (Checks at Closing)
Kintzinger Law Firm
(Roger Richard Request to pay from proceeds, Invoice Attached)
Dubuque County Treasurer (Utility Assessment)
Dubuque County Treasurer (Tax Sale 12-0493)
Dubuque County Abstract & Title Company
City of Dubuque (1513 Washington Utility Account --Journal Entry)
City of Dubuque (1543 Washington Utility Account --Journal Entry)
City of Dubuque (1543 Washington Past Due Rehab Loan --Journal Entry)
City of Dubuque (1598 Washington Street Closing Deficit ---Journal Entry)
Total Deductions
(426.00)
(380.48)
(806.48) (806.48)
($89.60) ($89.60)
($1,137.00)
($36.39)
($1,670.78)
($200.00)
($61.71)
($311.74)
($315.20)
($1,159.37)
($5,788.27) ($5,788.27)
Owner Check: $50,356.73
Roger D. Richard
I have reviewed the Closing Statement and agree to the above disbursements.
11'1, • 1'f
Dated
Roger DtRichard
CITY OF DUBUQUE
CHECK NO
422345
AMOUNT
50,356.73
VENDOR
5493 ROGER D RICHARD
CHECK DATE
12/10/14
Activity/Project
Account
Purchase Order
Invoice No
Amount
Description
3601595
73111
00145204
PROP ACQ.
50,356.73
1513 WASHINGTON CLO
TOTAL 50,356.73
422345
VH018 a 2 BOO2I
Masterpiece on the Mississippi
City Hall
50 West 13th Street
Dubuque, Iowa 52001.
DUBUQUE BANK & TRUST CO
DUBUQUE, IOWA
PAY
FIFTY THOUSAND, THREE HUNDRED FIFTY SIX DOLLARS & 73 CENTS
TO THE
ORDER
OF
111'111I'IIII111111I1'III1I111111II'IIl111"III'IIIII'IIIIIIII'Ii
ROGER D RICHARD
1543 WASHINGTON ST
DUBUQUE IA 52001-4928
45-53
739 Check No. 422345
Date 12/10/14
Amount
50,356.73
Authorized Signature
II'i, 2234511' 1:0 7 3900 5 3 51: 00 013 20
(12/09/2014) Jennifer Griffin - Re: 1513 Washington Street, Tax sale: 12-0493 Page 1 1
From: "Randy Wedewer" <rwedewer@dbeco.org>
To: "Crenna Brumwell" <Cbrumwel@cityofdubuque.org>
Date: 12/05/2014 9:00 AM
Subject: Re: 1513 Washington Street, Tax sale: 12-0493
Crenna, the tax sale amount due is $1670.78. There is a special assessment
for $36.39 and the 3-31-15 tax due is $426.00.
Original Message
From: "Crenna Brumwell" <Cbrumwel@cityofdubuque.org>
To: "Randy Wedewer" <rwedewer@dbeco.org>
Sent: Wednesday, December 03, 2014 4:27 PM
Subject: 1513 Washington Street, Tax sale: 12-0493
If this tax sale were paid off next Wednesday: December 10th, how much would
be owed?
Thanks,
cb
Crenna M. Brumwell
Assistant City Attorney
Harbor View Place, Suite 330
300 Main Street
Dubuque, IA 52001-6944
Ph: 563-589-4381
Fax: 563-583-1040
cbrumwel@cityofdubuque.org
This message has been scanned for malware by Websense. www.websense.com
Click
https://www.mailcontrol.com/sr/h1 D2501ehjrGX2PQPOmvUvm1dA89nuwIMBXnKDI! Kel 84KBWA2KNdnA
xZ2W68nKGFIIMNK3Y9!iJRcENOpaP7A== to report this email as spam.
CITY OF DUBUQUE
CHECK NO
422229
AMOUNT
1,670.78
VENDOR
1691 DUBUQUE COUNTY TREASURER
CHECK DATE
12/10/14
Activity/Project
Account
Purchase Order
Invoice No
Amount
Description
3601595
73111
00145202
12-0493
1 1,670.78
1513 WASH TAX SALE
ZZZZ
TOTAL 1,670.78
422229
0
c
CO
c
0
c
m
0
0
c
z
THE CITY OF
City Hall
1I1)ij 1 50 West 13th Street
L Dubuque, Iowa 52001•
Masterpiece on the Mississippi
DUBUQUE BANK & TRUST CO
DUBUQUE, IOWA
PAY
ONE THOUSAND, SIX HUNDRED SEVENTY DOLLARS & 78 CENTS
TO THE
ORDER
OF
IIIiiIui111"11111ui11111 11111111111111111111111111111I'I
DUBUQUE COUNTY TREASURER
720 CENTRAL AVE
DUBUQUE IA 52001-7061
45-53
739 Check No. 422229
Date 12/10/14
Amount
1,670.78
Authorized Signature
i Ii 2222510 I:07390053El: 00 0 L 3 211'
Certificate of Redemption From Tax Sale
Treasurer, Dubuque County, IA, State of Iowa
Certificate Number: 12-0493
Parcel Number: 1024281016
Taxed To:
RICHARD, ROGER
1543 WASHINGTON STREET
DUBUQUE, IA 52001
Tax District: Property Class:
DUBUQUE CITY - DBQ COMM Residential
Totals:
Date Tax Sale Total Number of Months Interest (2%) Total
6/18/2012 $336.75 31 $209.00 $545.75
Subsequent Tax Sheet:
Date Tax Number of Months Interest (2%) Total
11/15/2013 $72.78 14 $20.00 $92.78
5/16/2014 $444.00 8 $71.00 $515.00
11/17/2014 $58.25 2 $2.00 $60.25
11/17/2014 $439.00 2 $18.00 $457.00
Totals: $1,014.03 $111.00 $1,125.03
Total Interest Earned: $320.00 Serving Notice $0.00
Total To Redeem: $1,670.78
1, Eric Stierman, Treasurer of Dubuque County, IA, Iowa do hereby certify that the land herein described, sold for the
delinquent taxes on June 18, 2012, and subsequently assigned to (Not Assigned) has been redeemed by city of
dubuque by the payment to the Treasurer in the amount of $1,670.78, which includes all redemption fees.
ERIC STIERMA
DUBUQUE COUNTY TREASUREK
December 10, 2014
Eric Stierman, Treasurer, Dubuque County, IA Iowa
Redemption: Treasurers check # issued (date)
To: ACC 4/DUTRAC PO BOX 762 DUBUQUE IA 520040762
In the amount of $
Investor Date Paid:
Treasurer
CITY OF DUBUQUE
CHECK NO
422230
AMOUNT
36.39
VENDOR
1691 DUBUQUE COUNTY TREASURER
CHECK DATE
12/10/14
Activity/Project
Account
Purchase Order
Invoice No
Amount
Description
3601595
73111
00145199
ASSESSMENTS
36.39
1513 WASHINGTON/RIC
ZZZZ
TOTAL 36.39
422230
0
c
m
c
0
c
m
0
c
z
THE CITY OF
DUB
E
Masterpiece an the Mississippi
City Hall
50 West 13th Street
Dubuque, Iowa 52001
PAY
THIRTY SIX DOLLARS & 39 CENTS
TO THE
ORDER
OF
DUBUQUE BANK& TRUST CO
DUBUQUE, IOWA
11111111111111111111'1111"1111111111111"1111111I1111111iIiI
DUBUQUE COUNTY TREASURER
720 CENTRAL AVE
DUBUQUE IA 52001-7061
45-53
739 Check No. 422230
Date 12/10/14
Amount
36.39
Authorized Signature
1131
��'I, 222300 1:0739005351: 00 0 3 211'
DATE . 12/10/2014 10:36 AM
OPER : 03
TKBY : Treasurer +urer 3
T DR4 f 4+ : '+
4k
_
R;EC t R00147015
100 Tax filer qoxer• 1707 17
Parcel: 102428101_6 nP.•U-'j Hal
Owner: k1L N +r DOPER
Redeemed Certificate
GxtldLGjto 12-04.'43 t.y3
12-0493
- 20 10 Tax Sal. 37.6.75
Int 20M0
12-0493 _;jaL Subsequent 7r•nU
Int 20.00
1 2_ 493 -. 2012 Sur• lumt 444.00
J,e� "1: �+I,IL1ey_ah:iit
T t n1 (t
�r{_ ,_.0,r,
1'1-0493
r t 93 __ 9017. Subsequent 43'4.00
Int 18.0n
+[jtn
��{{ 2 fl+93 - 201- Subsea ent 5E; 25
dt:.FV'!_k L�1S:i jL.IL1.�r.�yhG+i+.
Irl+_x. Ln .J{`S^+J1
Remaining '1+Jui L.'r'. i+a.•L+S
Paid By:city of hugue
^, her! 716.39 42223 t
C °i{ i+i'`rity '` 11uL. e
^_L-ec'1670.78 LrrE: un22r.
ti PSL'+! Tr. 1707.17
f1! ! L J.L J, %
'i L"klr�EDcn 170717
!LWJL v.LL+ lrvl .s.r
-------------
nflANrk 0.00
CITY OF DUBUQUE
CHECK NO
422231
AMOUNT
806.48
VENDOR
1691 DUBUQUE COUNTY TREASURER
CHECK DATE
12/10/14
Activity/Project
Account
Purchase Order
Invoice No
Amount
Description
3601595
73111
00145197
R.RICHARD
806.48
1513 WASHINGTON PRO
TOTAL 806.48
422231
0
w
c
0
m
n
0
c
z
THE CITY OF
DUB
E
Masterpiece an the Mississippi
City Hall
50 West 13th Street
Dubuque, Iowa 52001 -
DUBUQUE BANK & TRUST CO
DUBUQUE, IOWA
PAY
EIGHT HUNDRED SIX DOLLARS & 48 CENTS
TO THE
ORDER
OF
fIIIIIuiIIIIIIIIIIIIII1,IIIIl11II IIIIuIIIIIiIIliiIIII'IIIIIIIIII
DUBUQUE COUNTY TREASURER
720 CENTRAL AVE
DUBUQUE IA 52001-7061
45-53
739 Check No. 422231
Date 12/10/14
Amount
806.48
Authorized Signature
H'4222310 1:0739005351: 00 013 2li'
DATt: 12/10/2014 \:q /
ƒ9:03
«/:Trammr3
ƒb:3
ƒq:QRg6�,
100 y« CollPrtions S%q
Parcel: 10 310/ Partial P7mt
Owner: Aƒ9% ROGER
SS2-?3Tax 0 ,R
007456 - 3 &kUITX \.q
10\%-±3 +321 Adminictration 5
Prepayment: 780.4s
RemainingBalance: 0,00
A/ @:JG / dubuquP
2-rheck gRd.bq%S
q\EE
\ROAL3
.q
E«
CITY OF DUBUQUE
CHECK NO
422288
AMOUNT
1,137.00
VENDOR
2480 KINTZINGER LAW FIRM PLC
CHECK DATE
12/10/14
Activity/Project
Account
Purchase Order
Invoice No
Amount Description
3601595
73111
00145201
R.RICHARD
1,137.00
1513 WASHINGTON AMO
ZZZZ
TOTAL 1,137.00
422288
Vl 233ENIZ±NIN
Masterpiece on the Mississippi
City Hall
50 West 13th Street
Dubuque, Iowa 52001.
DUBUQUE BANK & TRUST CO
DUBUQUE, IOWA
PAY
ONE THOUSAND, ONE HUNDRED THIRTY SEVEN DOLLARS & ZERO CENTS
TO THE
ORDER
OF
111111111111111'1Il1l1ililu1111111111"l1+Ii1I!III11111IIII1III1
KINTZINGER LAW FIRM PLC
100 W 12TH STREET
PO BOX 703
DUBUQUE IA 52004-0703
45-53
739 Check No. 422288
Date 12/10/14
Amount
1,137.00
Authorized Signature
pi, 2 2 288" I:0 7 3900 5 3 5i: 00 0 L3 2"
KINTZINGER, HARMON, KONRARDY, P.L.C.
100 W. 12TH STREET
PO BOX 703
DUBUQUE, IA 52004-0703
TO: Roger Richard
1543 Washington St.
Dubuque, IA 52001
MATTER: Legal/SWS
DATE: November 24, 2014
Legal Services regarding phone calls and correspondence with
Lynn Juergens concerning status of mortgage release on 1598
Washington from Stuart Hoover transaction; research on title
issues concerning 1598 Washington and purchase from Stuart
Hoover; phone conferences and letters to Stuart Hoover; contact
Iowa Title Guaranty concerning obtaining release of Stuart
Hoover mortgage; work on Notice of Forfeiture of Real Estate
Contract regarding Susan Kemp; correspondence with Jamie
Musser at CitiFinancial concerning release of Hoover's
CitiFinancial mortgage; review title search letters from Dubuque
County Abstract on 1598 and 1513; prepare and file Affidavit of
Forfeiture for Sarah Kemp contract; conferences with Drew
Tanenbaum at CitiFinancial regarding Affidavit and Release of
Mortgage; obtain and file Release of Mortgage and Affidavit;
numerous conferences with Roger concerning status of liens,
loans and real estate sale; research to confirm that some
judgments are more than 10 years old and no longer liens on
property; conferences with Roger concerning possibility of filing
action to pay money to State Treasurer to release mortgage;
conferences and correspondence to judgment creditors to get
Satisfactions of Judgment Liens on small claims judgments
$1,000.00
Disbursement for filing Affidavit (Ck #109009 7-25-14)
$ 37.00
Disbursement for Iowa Title Guaranty for mortgage release
( Ck # 109027 7-30-14)
$100.00
$137.00
$ 137.00
Total:
S:\Users\SueVichand roger bill.mis
$1,137.00
CITY OF DUBUQUE
CHECK NO
422224
AMOUNT
200.00
VENDOR
1678 DUBUQUE COUNTY ABSTRACT & TITLE
CHECK DATE
12/10/14
Activity/Project
Account
Purchase Order
Invoice No
Amount
Description
3601595
73111
00145203
#530
200.00
1513 WASHINGTON TIT
ZZZZ
TOTAL 200.00
422224
0
c
w
0
c
m
n
0
c
z
City Hall
50 West 13th Street
Dubuque, Iowa 52001
Masterpiece on the Mississippi
PAY
TWO HUNDRED DOLLARS & ZERO CENTS
TO THE
ORDER
OF
DUBUQUE BANK & TRUST CO
DUBUQUE, IOWA
'11111i111111II111i111111'1iii1'I'1111111111IiI1I11111II11'111111
DUBUQUE COUNTY ABSTRACT & TITLE
PO BOX 565
DUBUQUE IA 52004-0565
45-53
739 Check No. 422224
Date 12/10/14
Amount
200.00
Authorized Signature
0'1122221,11' 1:0 7 3900 5 3 51: 00 0L3 20
#530 js
INVOICE
TO: Roger D. Richard
c/o City Attorney's Office
(Crenna Brumwell)
DUBUQUE COUNTY ABSTRACT & TITLE
COMPANY
830 Iowa Street — Dubuque, Iowa 52001-4813
P.O. Box 565 — Dubuque, Iowa 52004-0565
Phone 563 583-4538 Fax 563 583-2709
Nov. 18, 2014
REAL ESTATE
The North 1/2 of Lot 77 in East Dubuque, an
Addition to the City of Dubuque, Iowa.
1513 Washington
RECORDING FEES
ABSTRACTING
$200.00
OWNER: Roger D. Richard
Abstract Delivered To: City Attorney's Office 11-25-2014 Total
$200.00
CITY OF DUBUQUE
CHECK NO
422226
AMOUNT
89.60
VENDOR
1688 DUBUQUE COUNTY RECORDER
CHECK DATE
12/10/14
Activity/Project
Account
Purchase Order
Invoice No
Amount
Description
3601595
73111
00145200
R.RICHARD
89.60
1513 WASHINGTON TRS
ZZZZ
TOTAL 89.60
422226
WOO 9110119110
Masterpiece on the Mississippi
City Hall
50 West 13th Street
Dubuque, Iowa 52001
PAY
EIGHTY NINE DOLLARS & 60 CENTS
TO THE
ORDER
OF
DUBUQUE BANK & TRUST CO
DUBUQUE, IOWA
111111111111111111111111111111111111111111,111111 1141h1111111
DUBUQUE COUNTY RECORDER
720 CENTRAL AVE
DUBUQUE IA 52001
45-53
739 Check No. 422226
Date 12/10/14
Amount
89.60
Authorized Signature
11
ot, 22226" 1:0739005351: 00 0L3 20
Page 1 of 1
Iowa Real Estate Transfer Tax Calculator
Type your numeric value in the appropriate boxes, then click on submit for the total amount due. Do not type commas (,) or dollar signs (S) into number fields. Press
TAB for result -
$ 156145 Total Amount Paid
$ I$56,500.00 Rounded Up to Nearest $500 Increment
- $ 1500 Exemption
= $ I$56,000.00 Taxable Amount
x $ 10.0016 Tax
Amount Due = $ I$89.60 Submit I Reset I
http://www.dubuquecounty.org/Portals/0/calc.html 12/4/2014
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase 1513 Washington Street
DATE: September 8, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Housing and Community Development Department Director Alvin Nash recommends
City Council approval to purchase a home for $56,145 located at 1513 Washington
Street owned by Roger D. Richard for the purpose of rehabbing and reselling to a
qualified homebuyer. Staff expects that after rehab, the sale price for the property will
be approximately $85,000 to $90,000. This will be a loss, however, the property will be
sold to an income qualifying household, putting ownership back into the neighborhood
and will put the property back on the tax roll.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bat44 .,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing and Community Development Department Director
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
bitetri
All -America City
1 r
2007 • 2012 • 2013
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: Purchase 1513 Washington Street in the Washington Neighborhood
DATE: September 8, 2014
Introduction
The purpose of this memorandum is to request City Council authorization to purchase a
house located at 1513 Washington Street for the purpose of rehabbing and reselling to
a qualified homebuyer.
Background
As part of continued efforts of the Washington Neighborhood Strategic Plan adopted by
the City Council in 2009, the City has been attempting to increase homeownership
opportunities in the Washington neighborhood. To -date, 31 properties have been
converted from rental to owner -occupied.
Discussion
The property is in substandard condition and is a candidate for rehabilitation under the
Washington Neighborhood Incentives Programs. The property is owned by Roger D.
Richard. To support and facilitate this rehab and re -marketing effort for the Washington
Neighborhood, it is recommended that we purchase this property using Downtown
Urban Renewal TIF funds. It is a blighting influence on the block and will hinder our
efforts to rehabilitated homes to new purchaser families. We intend to similarly rehab
this home and sell it as part of this homeownership initiative. Staff expects a sale price
after rehab to be approximately $85-90,000. Under this Program, there will be no
income restrictions for the homebuyer.
Action Step
The action requested of the City Council is to approve the attached resolution,
authorizing the purchase of property located at 1513 Washington Street, from the Roger
D. Richard, for $56,145.00.
KLN/AN
RESOLUTION NO. 285-14
RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROGER D.
RICHARD AT 1513 WASHINGTON STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate to for the purpose of
rehabbing and reselling it to income qualified households; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property:
The North Half (1/2) of Lot 77 in East Dubuque, an addition in the City of
Dubuque, Iowa according to the recorded plat thereof
At the cost of Fifty -Six Thousand One Hundred and Forty -Five Dollars ($56,145.00).
Section 2. That the City of Dubuque hereby approves the acquisition of 1513 Washington
Street owned by Roger D Richard at the cost of Fifty -Six Thousand One Hundred and Forty -
Five Dollars ($56,145.00).
Section 3. That the City of Dubuque be and is hereby authorized to accept a warranty deed
from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein
described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said Quit
Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 15th day of Sepmber, 2014.
Li0
Roy D. BuoIIVlayor
ATTEST:
Kevi
S. Firnstahl, CM
aty Clerk
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Roger Richard, a single person (Seller)
SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers
to buy and the undersigned SELLER by his acceptance agrees to sell the real estate
(Real Estate) situated in Dubuque, Iowa, locally known as 1513 Washington, Dubuque,
IA 52001 and legally described as:
The North Half (1/2) of Lot 77 in East Dubuque, an addition in the City of Dubuque,
Iowa, according to the recorded plat thereof
legal description to be confirmed per continued abstract per Section 10, together with
any easements and appurtenant servient estates, but subject to the following:
a. any easements of record for public utilities or roads,
b. any zoning restrictions and other ordinances, and
c. any covenants of record.
SECTION 2. PURCHASE PRICE. The purchase price shall be $56,145.00, payable in
cash at the Closing.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable for fiscal year 2013-2014 and prior years. Seller shall also pay real estate
taxes for fiscal year 2014-2015 prorated through the date of closing. Buyer shall pay all
subsequent real estate taxes due and payable after the date of closing.
SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments
which are a lien on the Real Estate as of the date of acceptance of this offer. All other
special assessments shall be paid by Buyer.
SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or
damage to the Real Estate prior to closing or possession, whichever first occurs. Seller
agrees to maintain existing insurance and Buyer may purchase additional insurance. In
the event of substantial damage or destruction prior to closing, this Agreement shall be
null and void; provided, however, Buyer 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.
SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its
present condition and delivered intact at the time of possession is delivered to Buyer,
provided, however, if there is loss or destruction of all or any part of the Real Estate
from causes covered by the insurance maintained by Seller, 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 Seller shall not be required to repair or
1
SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract
shall apply to and bind the successors in interest of the parties. This Agreement shall
survive the closing.
SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND
REVIEW.
13.1 Buyer, its counsel, accountants, agents and other representatives, shall have full
and continuing access to the Real Estate and all parts thereof, upon reasonable notice
to Seller. Buyer and its agents and representatives shall also have the right to enter
upon the Real Estate at any time after the execution and delivery hereof for any
purpose whatsoever, including inspecting, surveying, engineering, test boring,
performance of environmental tests and such other work as Buyer shall consider
appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller
against any damage, claim, liability or cause of action arising from or caused by the
actions of Buyer, its agents, or representatives upon the Real Estate (except for any
damage, claim, liability or cause of action arising from conditions existing prior to any
such entry upon the Real Estate), and shall have the further right to make such inquiries
of governmental agencies and utility companies, etc. and to make such feasibility
studies and analyses as it considers appropriate.
13.2 Seller warrants to the best of Seller's knowledge and belief that there are no wells,
solid waste disposal sites, hazardous wastes or substances, underground storage tanks
or burial sites located on the Real Estate, except as set out below. Seller further
warrants that Seller has done nothing to contaminate or allow the contamination of the
Real Estate and has no knowledge of any contamination. Seller warrants that the Real
Estate is not subject to any local, state, or federal judicial or administrative action,
investigation or order regarding its environmental condition or environmental
compliance. Seller shall provide Buyer with a properly executed Groundwater Hazard
Statement showing no wells, solid waste disposal sites, hazardous wastes,
underground storage tanks and private burial sites on the Real Estate which shall be
considered a warranty and representation by Seller to Buyer.
13.3 Seller represents and warrants to Buyer that the Real Estate is not served by a
private sewage disposal system, and there are no known private sewage disposal
systems on the property.
SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the
date of closing be free and clear of all liens, security interests, and encumbrances;
SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no
party has a lease to or other occupancy or contract right in the Real Estate which shall
in anyway be binding upon the Real Estate. Seller shall hold harmless and indemnify
the Buyer for and against any claims, which may arise or be based upon any alleged
leasehold interest, tenancy, or other right of occupancy or use for any portion for the
3
50 W. 13th Street
Dubuque, IA 52001
SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this
Agreement, time shall be of the essence.
SECTION 22. TIME FOR ACCEPTANCE. When accepted, this Agreement shall
become a binding contract. If this offer is not accepted and delivered to BUYER on or
before 5:00 p.m. on August 29, 2014, this Agreement shall be null and void and all
payments shall be returned immediately to the Buyer.
SECTION 23. ENTIRE AGREEMENT. This Agreement contains the entire agreement
of the parties and shall not be amended except by a written instrument duly signed by
Seller and Buyer.
SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. 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.
SECTION 25. OTHER PROVISIONS.
25.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation
and Purchase of Property at the time of closing.
25.2 This Agreement is subject to the final approval of the City Council of the City of
Dubuque, Iowa in its sole discretion. If the City Council of the city of Dubuque, Iowa
does not approve this Offer, it shall become automatically void and neither party shall
be bound by the terms and conditions set forth herein.
Accepted : August 2L2014
SELLER
ROGER D. RICHARD
EIN
By:lc 0- AA.."
Rogr D. Richard
1543 Washington Street
Dubuque IA 52001
Dated: September , 2014
BUYER
CITY OF DUBUQUE
EIN: 42-6004596
By: 'Michael C. Van Milligen
City Manager
50 W. 13th Street
Dubuque, IA 52001
Telephone: 563-589-4110
5
ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION
AND PURCHASE OF PROPERTY
Project: 1513 Washington Street, Dubuque, IA 52001
Parcel No.: 1024281016
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 Code of Iowa, 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 Code of Iowa. 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
llIiiiiIIllIlIuHhiiHuEI II I. iiiIii H 0
111011111111
Doc ID 008154670003 Type GEN
Kind: DEED WITH RESOLUTION
Recorded: 12/10/2014 at 12:16:58 PM
Fee Amt: $111.60 Page 1 of 3
Revenue Tax: $89.60
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2014_00013880
®THE IOWA STATE BAR ASSOCIATION Crenna Bramwell FOR THE LEGAL EFFECT OF THE USE OF
Official Form No. 101 -August 2013 THIS FORM, CONSULT YOUR LAWYER
Return To: City of Dubuque. 50 W. 13th Street. Dubuque. IA 52001
Preparer: Crenna Bramwell. 300 Main Street. Suite 330 Dubuque IA 52001. Phone: (563) 589-4381
Taxpayer: City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
TATF
�� 77 WARRANTY DEED
ssocia'vo
For the consideration of One Dollar(s) and other
valuable consideration,
Roger D. Richard, divorced and not remarried
do hereby
Convey to City of Dubuque, a municipal corporation
the
following described real estate in Dubuque
County, Iowa:
Dubuque, Iowa, according
of Dubuque County, Iowa
grantors hold the real estate by
real estate; that the real estate
and grantors Covenant to
as may be above stated.
distributive share in and to the
be construed as in the singular
The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of
to the recorded plat thereof, as granted by Deed Record K, page 619, records
Grantors do Hereby Covenant with grantees, and successors in interest, that
title in fee simple; that they have good and lawful authority to sell and Convey the
is free and clear of alt liens and encumbrances except as may be above stated;
Warrant and Defend the real estate against the lawful claims of all persons except
Each of the undersigned hereby relinquishes all rights of dower, homestead and
real estate. Words and phrases herein, including acknowledgment hereof, shall
or plural number, and as masculine or feminine gender, according to the context.
Dated: December 10, 2014
X26 M (
Roger Dchard (Grantor)
STATE OF IOWA COUNTY OF DUBUQUE
(Grantor)
, 2014 by Roger D.
This record was acknowledged before me this 10th day of December
Richard
- r Signature
':f. u,Iz�,lt :1 -
of Notary Public
for individual grantor(s) only)
(This form of acknowledgment
5 -
Ch1 1-1oultr 7
• •
RESOLUTION NO. 285-14
RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROGER D.
RICHARD AT 1513 WASHINGTON STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate to for the purpose of
rehabbing and reselling it to income qualified households; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property:
The North Half (1/2) of Lot 77 in East Dubuque, an addition in the City of
Dubuque, Iowa according to the recorded plat thereof
At the cost of Fifty -Six Thousand One Hundred and Forty -Five Dollars ($56,145.00).
Section 2. That the City of Dubuque hereby approves the acquisition of 1513 Washington
Street owned by Roger D Richard at the cost of Fifty -Six Thousand One Hundred and Forty -
Five Dollars ($56,145.00).
Section 3. That the City of Dubuque be and is hereby authorized to accept a warranty deed
from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein
described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said Quit
Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 15th day of Sep tuber, 2014.
D/ P
Roy D. Buol fjfllayor
ATTEST:
Kevi S. Firnstahl, CM Softy Clerk
• •
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 285-14 is a correct copy of the original Resolution No. 285-14 approved
and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said
Council on the 15t" day of Septemberr, 2014.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 4th day of December, 2014.
0
(SEAL)
0
•
Trish L. Gleason, Assistant City Clerk