Purchase of Land for Right-of-Way - 767 University Avenue_Elliott Copyright 2014
City of Dubuque Consent Items # 8.
ITEM TITLE: Purchase of Land for Right-of-Way - 767 University Avenue
SUMMARY: City Manager recommending approval of the purchase of an abutting sliver
for 767 University Avenue from Anna Elliott.
RESOLUTION Approving the acquisition of land owned by Anna Elliott at
767 University, Abutting Silver in the City of Dubuque
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ 767 University Right of Way-MVM Memo City Manager Memo
❑ Memo Staff Memo
❑ Resolution Staff Memo
❑ Warranty Deed Staff Memo
❑ Map Staff Memo
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase 767 University, Abutting Sliver
DATE: February 9, 2015
The City recently obtained a property at 767 University Avenue as a donation from
Wells Fargo REO Donation Program, along with a $20,000 cash contribution to be used
to improve the site. We have determined that an abutting sliver to the property entrance
is needed as well. An offer to purchase this land has been made and verbally accepted
by the owner, Anna Elliott, for $1,500.00.
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of the purchase of an abutting sliver for 767 University Avenue
from Anna Elliott.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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 & Community Development Department Director
THE CITY OF Dubuque
DUB E i'-A'miteCi
X111"
Masterpiece on the Mississippi 2007.2012.2013
To: Michael Van Milligen, City Manager
From: Alvin Nash, Director of Housing and Community Development
Subject: Purchase 767 University, abutting sliver
Date: February 5, 2015
BACKGROUND
The City recently obtained a property at 767 University Avenue as a donation from
Wells Fargo REO Donation Program, along with a $20,000 cash contribution to be used
to improve the site. We have determined that an abutting sliver to the property entrance
is needed as well, tax map #1025104012. An offer to purchase this land has been
made and verbally accepted by the owner, Anna Elliott, for $1,500.00.
DISCUSSION
We believe that purchasing this abutting sliver will make this property much more
accessible for sale and meeting our goals of eliminating marginal properties and getting
them back on the market. The funds to purchase this abutting sliver will come from the
$20,000 contribution.
RECOMMENDATION
I would recommend that the City purchase the above abutting sliver for 767 University
Avenue, tax map #1025104012 from Anna Elliott for $1,500.00.
KLN
RESOLUTION NO. 41-15
RESOLUTION APPROVING THE ACQUISITION OF LAND OWNED BY ANNA
ELLIOTT AT 767 UNIVERSITY, ABUTTING SLIVER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain piece of abutting sliver of
property at 767 University Avenue; 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:
LOT 3 OF LOT 3 OF THE SUBDIVISION OF OUT LOT 738 IN THE CITY
OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT
THEREOF
At the cost of One Thousand Two Hundred Dollars ($1,500.00)
Section 2. That the City of Dubuque hereby approves the acquisition of 767
University, abutting sliver owned by Anna Elliott at the cost of One Thousand Five
Hundred Dollars ($1,500.00).
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 16th day of Fe uary, 2015.
Roy D. Bu/Mayor
ATTEST:
Key, n .Firnstahl, , City Clerk
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Doc ID: 008187230004 Type GEN
Kind DEED WITH RESOLUTION
Recorded: 02/20/2015 at 02:34:04 PM
Fee Amt: $28.60 Page 1 of 4
Revenue Tax: $1.60
Dubuque County Iowa
John Murphy Recorder
File2015-00001827
WARRANTY DEED
THE IOWA STATE BAR ASSOCIATION
Official Form No. 101
Recorder's Cover Sheet
Preparer Information: (name, address and phone number)
Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52003, Phone: (563) 589-4381
Taxpayer Information: (name and complete address)
City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
Return Document To: (name and complete address)
Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52003, Phone: (563) 589-4381
Grantors:
Anna M. Elliott, widowed and not remarried, 439 English Lane, Dubuque, IA 52001
Grantees:
City of Dubuque, a municipal corporation, 50 W. 13th Street, Dubuque, IA 52001
Legal Description: See Page 2
Document or instrument number of previously recorded documents:
Crenna Brumwell
WARRANTY DEED
For the consideration of One Dollar(s) and other valuable consideration, Anna M. Elliott,
widowed and not remarried does hereby Convey to City of Dubuque, a municipal corporation the
following described real estate in Dubuque County, Iowa:
Lot 3 of Lot 3 of Out Lot 738 in the City of Dubuque, Iowa according to the
recorded plat thereof
Grantor does Hereby Covenant with grantees, and successors in interest, that grantor holds the
real estate by title in fee simple; that they have 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 grantor Covenants to Warrant and Defend the real estate against the lawful
claims of all persons except as may be above stated. 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: c / /z b/..5—
At'vt-e``- "I"?'
Anna M. Elliott (Grantor)
STATE OF IOWA, COUNTY OF DUBUQUE
Th -s record was acknowledged before me this 20‘ day ofrUAX1 , 2015,
by 1 tt L1Lh )
Sia . ture of Notary Public
RESOLUTION NO. 41-15
RESOLUTION APPROVING THE ACQUISITION OF LAND OWNED .BY ANNA
ELLIOTT AT 767 UNIVERSITY, ABUTTING SLIVER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain piece of abutting sliver of
property at 767 University Avenue; 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:
LOT 3 OF LOT 3 OF THE SUBDIVISION OF OUT LOT 738 IN THE CITY
OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT
THEREOF
At the cost of One Thousand Two Hundred Dollars ($1,500.00)
Section 2. That the City of Dubuque hereby approves the acquisition of 767
University, abutting sliver owned by Anna Elliott at the cost of One Thousand Five
Hundred Dollars ($1,500.00).
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 16th day of Fe uary, 2015.
Roy D. Bugi,/Mayor
ATTEST:
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. 41-15 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 February, 2015.
Kevi S. Firnstahl, CM ity Clerk
11111111111{IIIII 11111111111111111111111
Doc ID 008187240003 Type GWH
Kind GROUNDWATER HAZARD
Recorded: 02/20/2015 at 02:34:38 PM
Fee Amt: $0.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
File2015-00000204
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name Anna M. Elliott
Address 439 English Lane, Dubuque, IA 52003
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name City of Dubuque, a municipal corporation
Address 50 W. 13th Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
767 University Avenue, abutting sliver
Number and Street or RR Clty, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary)
Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque, IA according to recorded
plat 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.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
4. Underground Storage Tanks (cheek 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.
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:
***Groundwater Hazard Additional Information***
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:
Cay. P zero=
(Transferor or Agent)
Telephone No.: '5673 � -.9 26
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
11111111!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I1IIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID 008180220002 Type: GEN
Kind: AFFIDAVIT OF
Recorded: 02/05/2015UVING atI01:35:45USE PM
Fee Amt: $17.00 Pape 1 of 2
Dubuque County Iowa
John Murphy Recorder
File2015-00001290
AFFIDAVIT OF SURVIVING SPOUSE
FOR CHANGE OF TITLE TO REAL ESTATE
THE IOWA STATE BAR ASSOCIATION
Official Form No. 177
Recorder's Cover Sheet
Preparer Information: (name, address and phone number)
Crenna Brulnwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381
Taxpayer Information: (name and complete address)
Anna M. Elliott, 439 English Lane, Dubuque, IA 52003
Return Document To: (name and complete address)
City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
Grantors:
Lyle Elliott, Sr.
Grantees:
Anna M. Elliott
Legal Description: See Page 2
Document or instrument number of previously recorded documents:
AFFIDAVIT OF SURVIVING SPOUSE
FOR CHANGE OF TITLE TO REAL ESTATE
STATE OF IOWA, COUNTY OF DUBUQUE, ss:
I, Anna M. Elliott, being first duly sworn on oath, depose and state as follows:
1. I am the surviving spouse of Lyle Elliott, Sr., who died on the 24th day of September,
2010.
2. The following described real estate was owned only by Lyle Elliott, Sr. and this Affiant,
as joint tenants with full rights of survivorship at the time of Lyle Elliott, Sr.'s death:
Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque, Iowa,
according to the recorded plat thereof
3. Title was conveyed to the surviving spouse and the decedent by instrument filed on
March 9, 1998, with reference number of 3262-98.
Quit Claim Deed
4. I hereby request that the auditor enter this information on the transfer books pursuant to
Section 558.66 of the Iowa Code.
5. Form706, United States Estate Tax return, IS NOT required to be filed as a result of the
death of the Decedent.*
6. An Iowa inheritance tax return is not required to be filed pursuant to Iowa Code Section
450.22 subsection 3.
Anna M. Elliott
Signed and sworn to (or affirmed) before me this 5 day of Fri
by Anna M. Elliott.
ature of Notary Pu
* THE CORRECT OPTION MUST BE SELECTED TO DETERMINE WHETHER THE
IOWA ESTATE TAX MAY CONSTITUTE A LIEN ON THE ABOVE DESCRIBED
PROPERTY.