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Property Acquisition - 2300 Jackson Street_Walbrun Copyright 2014 City of Dubuque Consent Items # 9. ITEM TITLE: Property Acquisition - 2300 Jackson Street SUMMARY: City Manager recommending approval to purchase a house located at 2300 Jackson Street from the Dolores A. Walbrun Estate for rehabilitation and resale. RESOLUTION Approving the acquisition of real estate owned by the Dolores A. Walbrun Estate at 2300 Jackson Street in the City of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Purchase of 2300 Jackson Street-MVM Memo City Manager Memo ❑ Memo to Purchase Staff Memo ❑ Resolution Staff Memo ❑ Acknowledgment Staff Memo ❑ Offer 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: Acquisition of Purchase Located at 2300 Jackson Street DATE: February 9, 2015 Housing and Community Development Department Director Alvin Nash recommends City Council approval to purchase a house located at 2300 Jackson Street from the Dolores A. Walbrun Estate for the agreed upon purchase price of$10,000. This property will be rehabbed and resold to a qualified homebuyer. 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 and Community Development Department Director THE CDubuque DUUL TE All-America City Masterpiece on the Mississippi 2012 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Acquisition of Purchase located at 2300 Jackson Street DATE: February 9, 2015 Introduction The purpose of this memorandum is to request City Council authorization to purchase a property located at 2300 Jackson Street for the purpose of rehabbing and reselling to a qualified homebuyer. Background As part of the Neighborhood Stabilization Program (NSP), the City is to acquire and rehab vacant or abandoned properties. This property has been a nuisance to the neighborhood for quite some time and has had multiple outstanding code enforcements issues. Upon the passing of the owner, the City contacted the attorney for the owner's estate to determine if the estate would be interested in selling the property to the City. An agreed upon purchase price has been established for $10,000. Due to the extensive rehabilitation necessary, the property was not previously marketed. The property has been vacant since October 2013, when the owner moved in with her daughter while waiting for the completion of a CHI rehabilitated property to be available. Unfortunately, the owner passed away in the interim. Discussion This will be the tenth property purchased using NSP funds. The property is in substandard condition and is a candidate for rehabilitation under the NSP Program. The property is owned by Dolores A. Walbrun Estate. To support and facilitate this rehabilitation and re-marketing effort for encouraging continued owner-occupied properties, it is recommended that we purchase this property. It is a blighting influence on the block and will hinder our efforts to rehabilitate other homes to new purchaser families. We intend to similarly rehab this home and sell it as part of the homeownership initiative. Preliminary cost estimate for total rehabilitation, including lead paint hazard abatement, is $125,000. Major changes to the property will include gutting of interior, removal and reconstruction of the front and back porches, removal of lead paint siding, and replacement of windows. Staff expects a sale price after rehabilitation to be approximately $90,000. As a requirement of the NSP Program, the sale price can only be appraised value or actual rehab costs, whichever is lesser of the two. We realize there will be loss, however, the property will be sold to an income qualifying household, putting ownership back into the neighborhood and the property back on the tax roll. Action Step The action requested of the City Council is to approve the attached resolution, authorizing the purchase of property located at 2300 Jackson Street, from the Dolores A. Walbrun Estate, for $10,000. KLN 2 RESOLUTION NO. 42-15 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE DOLORES A. WALBRUN, ESTATE AT 2300 JACKSON STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing and reselling 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: Lot 2 of Lot 63 in L.H. Langworthy's Addition, according to the recorded plat thereof At the cost of Ten Thousand Dollars ($10,000.00). Section 2. That the City of Dubuque hereby approves the acquisition of 2300 Jackson Street owned by the Dolores A. Walbrun Estate at the cost of Ten Thousand Dollars ($10,000.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Court Officer's Deed on behalf of the Estate of Dolores A. Walbrun, conveying the property 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 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 ,Februry, 2015. ATTEST: Roy D. Buol, j layor Kevin :. ILirnstahl, CM , City Clerk OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Dale Walbrun as the Executor of the Dolores A. Walbrun Estate (Seller) SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real estate situated in Dubuque, Iowa, locally known as 2300 Jackson Street, Dubuque, IA 52001 and legally described as: Lot 2 of Lot 63 in L.H. Langworthy's Addition (Real Estate); 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. B. C. SECTION 2. at the closing. Any easements of record for public utilities or roads; Any zoning restrictions and other ordinances; and Any covenants of record. PURCHASE PRICE. The purchase price shall be $10,000.00, payable in cash 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 any existing insurance, if any, and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Offer shall be null and void; provided, however, Buyer shall have the option to complete the closing and receive insurance proceeds, if any, 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. SECTION 7. POSSESSION AND CLOSING. 7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on or before April 1, 2015, or such earlier date as the parties may agree in writing, with 1 any adjustments of rent, insurance, and interest to be made as of the—date—of—transfer o possession. 7.2 Closing shall occur after the approval of title by Buyer and vacation of the Real Estate by Seller, but prior to possession by Buyer. Seller agrees to permit Buyer to inspect the Real Estate within seventy-two (72) hours prior to closing to assure that the premises are in the condition required by this Offer. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 7.3 This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and receipt of all funds then due at closing from Buyer under the Offer. SECTION 8. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. SECTION 9. FIXTURES. 9.1 Included with the Real Estate shall be all fixtures that integrally belong to, are specifically adapted to, or are a part of the Real Estate from a structural integrity standpoint, whether attached or detached. 9.2 The following items shall not be included: N/A SECTION 10. ABSTRACT AND TITLE. Buyer, at Buyer's expense, shall promptly obtain an abstract of title to the Real Estate. It shall show marketable title in Seller in conformity with this Offer, Iowa law, and title standards of the Iowa State Bar Association. Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or Seller's assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Court Officer's Deed, free and clear of all liens, restrictions, and encumbrances, except as provided in this Offer. SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Offer shall apply to and bind the successors in interest of the parties. This Offer shall survive the closing. SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING, ANI) REVIEW. 13.1 Not applicable. Left blank intentionally. 2 13,2 Dale Walbrun as Executor for the Seller has no knowledge to the existence of any wells, solid waste disposal sites, hazardous wastes or substances, underground storage tanks, or burial sites located on the Real Estate and shall provide Buyer with a properly executed Groundwater Hazard Statement at the time of closing. Dale Walbrun, as Executor of the Seller has no knowledge of and has done nothing to contaminate or allow the contamination of the Real Estate. Dale Walbrun, as Executor of Seller has no knowledge as to any local, state, or federal judicial or administrative action, investigation, or order regarding its environmental condition or environmental compliance. 13.3 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-roccupancy or use for any portion for the Real Estate. This covenant shall survive the Closing. SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. SECTION 17. 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 breach of the foregoing certification. SECTION 18. REMEDIES OF THE PARTIES. 18.1 If Buyer fails 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 (30) days' written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty (30) days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. 3 1-8:2 If -S 11er ai s o ime y per orm is con ract, Buy returned to it. • . y- • •• 18.3 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. SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be a waiver of such rights ora waiver of any existing or subsequent default. SECTION 20. NOTICE. Any notice under this Offer shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. James Goodman Attorney for Dolores A. Walbrun Estate, Dale Walbrun Executor Roshek Building 700 Locust Street, Suite 200 Dubuque,_ IA_ 52001 City of Dubuque Attn: Kris Neyen 350 W. 6th Street, Suite 312 Dubuque, IA 52001 SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this Offer, time shall be of the essence. SECTION 22. TIME FOR ACCEPTANCE. When accepted, this Offer shall become a binding contract. If this Offer is not accepted and delivered to Buyer on or before 5:00 p.m. on February 27, 2015, this Offer shall be null and void and all payments shall be returned immediately to the Buyer. SECTION 23. ENTIRE AGREEMENT. This Offer 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 Offer. 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. 4 IHER-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 Offer 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. 25.3 Buyer acknowledges that the real estate is being purchased used, "AS IS", "WHERE IS" "WITH ALL FAULTS" and "WITHOUT WARRANTY". Accepted : % C) , 2015 Dated: February 16 , 2015 SELLER ESTATE OF DOLORES A. WALBRUN, DALE WALBRUN, EXECUTOR EIN: 46-7431754 By: Dale Walbrun, Executor BUYER CITY OF DUBUQUE EIN: 42-600 596 (1 By: Roy D. ol, Mayor 5 ACKNOWLE M-EN-TT@F-VOLUNTAR - AND PURCHASE OF PROPERTY Project: 2300 Jackson Street, Dubuque, IA 52001 Parcel No.: 1013459009 As owner(s) of real estate needed for the above referenced project and parcel, (1) (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. 1),c) t_00- 5 A. Dill-4-gPcu* ("s7-4—� ell A—ut GuA-(Ap. /a; k E cc4'6(1 Date Seller A ES .GOOD A440 JR omrls&lobi Numb 1 762 y Camra Exp., Zf Date ry ublic in and Dubuque County, Iowa THE CITY OF DUBMEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ.\� \ ASSISTANT CITY ATTORNEY To: Ken TeKippe Finance Director DATE: April 6, 2015 RE: 2300 Jackson Street We have closed on the above -referenced property. Attached please find: 1. The original Closing Statement. 2. A copy of the check payable to Dubuque County Treasurer for $1,297.62 (taxes). I delivered the check to the Treasurer and have attached the original receipt. 3. A copy of the check payable to Dubuque County Recorder for $15.20 (transfer tax). I delivered the check to the Recorder and have attached the original receipt. 4. A copy of the check payable to Dubuque County Abstract & Title for $210.00 (update of abstract). I delivered the check to Dubuque Co. Abstract and have attached the original receipt. 5. A copy of the court officer deed, groundwater hazard statement, and declaration of value. These documents were filed with the Recorder and the City Clerk's Office will be billed for the documents. 6. The original W-9 for the Dolores A. Walbrun Estate. If you need further information, please let me know. Thank you. cc: Kevin Firnstahl, City Clerk Alvin Nash, Housing & Community Development Director Seller: Estate of Dolores A. Walbrun 700 Locust Street, Suite 200 Dubuque, IA 52001 Purchase Price Closing Statement 2300 Jackson Street Closing Date: April 2, 2015 Buyer: City of Dubuque 50 West 13th Street Dubuque, IA 52001 Less items paid by City of Dubuque (deducted from purchase price) Property taxes for second half of FY13-14 Property taxes for first half of FY14-15 Property taxes through closing for second half of FY 14-15 (01/01/15-04/02/15) Real Estate Transfer Tax Dubuque County Abstract for abstract update Total amount remaining for Estate of Dolores A. Walbrun Checks the City of Dubuque will bring to and disburse after closing: 1. Check payable to Dubuque County Treasurer $1,289.62 (Property Taxes through April 2, 2015) 2. Check payable to Dubuque County Recorder $15.20 (Real estate transfer taxes) 3. Check payable to Estate of Dolores A. Walbrun $8,485.18 4. Check payable to Dubuque County Abstract $210.00 I have reviewed the Closing Statement and agree to the above disbursements. SELLER: Estate of Dolores A. Walbrun YER City of Dubuque, Iowa $10,000.00 $515.00 $9,485.00 $515.00 $8,970.00 $259.62 $8,710.38 $15.20 $8,695.18 $210.00 $8,485.18 $8,485.18 Plec\S,k n%h: Pror�cvf.ks S(cov\o, pFFy�� oxe S9212,U & 1-6 \arc cCQ A&Ii- c I r'\ 1st-. Ci IXQ COVoar So \-01k\ Q 'J X- \rs w A \'LR1, L City of Dubuque CHECK NO 417981 AMOUNT $1,297.62 VENDOR 1691 DUBUQUE COUNTY TREASURER CHECK DATE 04/03/2015 Activity/Project Account Purchase Order Invoice No Amount Description 1002180 1002180 73210 73210 00147771 00147771 FY13-14 FY14-15 523.00 515.00 2300 JACKSON TAXES 2300 JACKSON TAXES 1002180 73210 00147771 1/1/15-4/2/15 259.62 2300 JACKSON TAXES ESTATE OF DELORES WALBURN ZZZZ TOTAL $1,297.62 THE CITYOF DUBIJE City Hall 50 West 13th Street Masterpiece on the Mississippi Dubuque, Iowa 52001 DUBUQUE BANK & TRUST Check No. 417981 DUBUQUE, IOWA Date 04/03/2015' Amount $1,297.62 PAY ONE THOUSAND TWO HUNDRED NINETY SEVEN DOLLARS AND 62 CENTS**************************** TO THE DUBUQUE COUNTY TREASURER ORDER 720 CENTRAL AVE OF DUBUQUE, IA 52001 I orol f_ 9 Tsci rir.:sc1 e1 r2 - , , _ , r: City of Dubuque CHECK NO 417978 AMOUNT $15.20 VENDOR 1688 DUBUQUE COUNTY RECORDER CHECK DATE 04/01/2015 Activity/Project Account Purchase Order Invoice No Amount Description 1002180 73210 00147770 2300 JACKSO 15.20 REAL ESTATE TRANSFER TAX ESTATE OF DELORES WALBURN ZZZZ TOTAL $15.20 THE CITY OF Dui Masterpiece on the Mississippi PAY City Hall 50 West 13th Street Dubuque, Iowa 52001 DUBUQUE BANK & TRUST Check No. 417978 DUBUQUE, IOWA Date 04/01/2015 Amount $15.20 FIFTEEN DOLLARS AND 20 TO THE DUBUQUE COUNTY RECORDER ORDER 720 CENTRAL AVE OF DUBUQUE, IA 52001 1 RECEIPT OFFICE OF COUNTY RECORDER DUBUQUE CO. IOWA Dubuque, Iowa, 4a. 20 1 S RECEIVED OF CCI"1 0{ Dkkb - - 1 S. ),0 -c-1-{- e el,' 1 I a -- Dollars $ 100 For --ti2ASk Cr- -f-c y_ 0 ,,,..\6_(. S6Y) JOHN MURPHY, Recorder By,l, LS I City of Dubuque CHECK NO 417977 AMOUNT $210.00 VENDOR 1678 DUBUQUE COUNTY ABSTRACT & TITL CHECK DATE 04/01/2015 Activity/Project Account Purchase Order Invoice No Amount Description 1002180 73210 00147772 2300 JACKSO 210.00 ESTATE OF DELORES WALBURN ZZZZ TOTAL $210.00 THE CITY OF DUBtJE City Hall 50 West 13`h Street Masterpiece on the Mississippi Dubuque, Iowa 52001 DUBUQUE BANK & TRUST Check No. 417977 DUBUQUE, IOWA PAY TWO HUNDRED TEN DOLLARS AND 00 CENTS********************************************************* TO THE DUBUQUE COUNTY ABSTRACT & TITLE ORDER PO BOX 565 OF DUBUQUE, IA 52004-0565 Date 04/01/2015 Amount $210.00 � #9151 TO: O'Connor & Thomas, P.C. Dubuque, Iowa Kristie M. Pfiffner js INVOICE 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 Mar. 10, 2015 REAL ESTATE Lot 2 of Lot 63 in L. H. Langworthy's Addition to the City of Dubuque, Iowa. 2300 Jackson Dubuque & Tit PP 830 Iowa p OWNER: Dolores A. Walbrun Estate RECORDING FEES Co ie Company ract 2 2015 St.a ox 565 ABSTRACTING $210.00 Abstract Delivered To: Crenna Brunwell —City Atty's Office 3-19-2015 Total $210.00 a COURT OFFICER DEED O THE IOWA STATE BAR ASSOCIATION Official Form No. P201 '7 E�,;. Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Crenna Biumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) Exempt per Iowa Code 428A.2(21) Return Document To: (Name and complete address) Crenna Bramwell, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: Estate of Dolores A. Walbrun City of Dubuque, Iowa Legal description:See Page 2 Document or instrument number of previously recorded documents: The Iowa State Bar Association 2013 IOWADOCS THE IOWA STATE BAR ASSOCIATION Crenua lrutnwell. 300 Main Street. Suite 330, Dubuque, IA 52001 FOR THE LEGAL EFFECT OF THE VSE OF Official Form No. P201 Q THIS FORM, CONSULT YOUR LAWYER J\moi z COURT OFFICER DEED 5 C1x0 In The Matter of the Estate of Dolores A. Walbrun now pending in the Iowa District Court in and for Dubuque County. Probate No. 01311ESPR044969 Pursuant to the authority and power vested in the undersigned, and in consideration of One Dollar(s) and other valuable consideration, the undersigned, in the representative capacity designated below, hereby Convey(s) to CITY OF DUBUQUE, IOWA the following described real estate in Dubuque County, Iowa: Lot 2 of Lot 63 in L.H. Langworthy's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated: April 2, 2015 . ESTATE OF DOLORES A.,,W/�I�ALBRUN By 3)7.�^'1.ci1 Title By Title As 1(f-CU r o *in the As *in the above entitled estate or cause. above entitled estate or cause. `Executor, Administrator, Guardian, Conservator, Trustee, Referee, Commissioner, or Receiver C The Iowa State Bar Association 2013 P201 COURT OFFICER DEED IOWADOCSa`1 Rev,sed August 2013 ACKNOWLEDGMENT FOR INDIVIDUALS STATE OF (i,i'<} COUNTY OF litcf&r: / This record was acknowledged before me this 3L ~` day df /', :Z-( i by6'-1- 1 cL:%>? qc,:. as 2'C�ecc,(--` of d— '):)�(_,C,;C 4 5. 4, cL, c,5•':G r 5r4 r -t linelniumMOTIRMINIMR, .11.11•0114 JAmEs E. GOODMAN, JR Commission Numb r 1 %76'22 My Comm, Exp, 2c L—,‘ -:' f --",:z.44`1', — i i Signature of NotaryyP�ublic STATE OF , COUNTY OF This record was acknowledged before me this day of by as of Signature of Notary Public ACKNOWLEDGMENT FOR CORPORATIONS STATE OF , COUNTY OF This record was acknowledged before me this day of by as of on behalf of said corporation as fiduciary Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this day of by as of on behalf of said corporation as fiduciary Signature of Notary Public REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Estate of Dolores A. Walbrun Address 700 Locust Street, Suite 200, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque Address 50 W. 13th Street, Dubuque, IA 52001 Number and Street or RR City. Town or P.O. State Zip Address of Property Transferred: 2300 Jackson Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 2 of Lot 63 in L.H. Langworthy's Addition to the City of Dubuque, Iowa, according to the 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. 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) 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: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: 1��jArebeittc--- Trans eror or Agent) Telephone No.: (563) 557-8400 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) A 1 11 1 11 1 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part 1 - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument- 0410272015 A Deed 1 ®Contract 2 D SELLER: Estate of Dolores A. WalbrunPhone: (563) 557-8400 A Seller Address: 700 Locust Street. Suite 200. Dubuque, IA 52001 e-mail. BUYER: City of Dubuque Phone:L563) 589-4320 Buyer Address: 50 W. 13th Street. Dubuque, IA 52001 e-mail Address of Property Conveyed: 2300 Jackson Street. Dubuque IA 59001 Legal Description: Lot 2 of Lot 63 in L.H. Langworthv's Addition to the City of Dubuque. Iowa according to the recorded plat thereof Type of Sale: 0 Sale between related parties/family 0 Sale of partial interest 0 Trade 0 Quit Claim Deed 0 Auction Was this a sale of AG LAND to: ❑ Corporation 0 Trust 0 Alien 0 Non -Resident Alien 0 Limited Partnership ♦ DECLARATION OF VALUE STATEMENT 1. Total Amount Paid S 2. Amount Paid for Personal Property (see instructions) S 3. Amount Paid for Real Property Only (1 minus 2) S 10.000.00 10,000.00 A I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILED ON THE BACK OF THIS FORM . Printed~Name: Kris Neven ignature Phone #: (563) 589-4930 ® Buyer or 0 Seller or 0 Agent or 0 Attorney PART 11 - TO BE COMPLETED BY THE ASSESSOR Primary Classification: 0 Res _4_ 0 Com _5_ 0 Ind _2__ 0 Ag _ 1 0 MultiRes 7 City!Township_ Primary Parcel Number A YearBlt Occ NUTC 1 14. Classification Land Building Dwelling Total Residential Commercial Industrial Agricultural Multi Residential Comments: Effective On or Before 09101!14 Iowa Department of Revenue ISBA 57006a (07/2114) Form -9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. DOLORES A. WALBRUN ESTATE 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (Applies to accounts (codes apply only to not individuals; see on page 3): code (if any) • IndividuaVsole proprietor or • C Corporation • S Corporation • Partnership 0 Trust/estate single -member LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) -member LLC that is disregarded, do not check LLC; check the appropriate box in of the single -member owner. ► ► • Limited liability Note. For a single the tax classification from FATCA reporting the line above for • Other (see instructions) maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) 2532 Jackson Street Requester's name and address (optional) 6 City, state, and ZIP code Dubuque, IA 52001 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number or Employer identification number 4 6 7 4 3 1 7 5 4 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person ► F. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Date ► • Form 1098 (home mortgage inte est), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) THE CITY OF DU... E MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Kevin Firnstahl City Clerk DATE: April 13, 2015 ce% RE: 2300 Jackson Street — Estate of Dolores Walbrun Attached for your files are is original Court Officer Deed for the above referenced property. No further action on your part is necessary and our office will retain a copy of the Deed. Thank you. CMB:jmg Attachment OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org COURT OFFICER DEED 0 THE IOWA STATE BAR ASSOCIATION • Official Form No P201 Recorder's Cover Sheet 4 . ()CAM\ 11 IMMO 11 111 11 II 1111 11 I 11 11 11111 Doc ID 008210910003 Type GEN Kind: COURT OFFICER DEED Recorded: 04/02/2015 at 02:20:30 PM Fee Amt: $37.20 Page 1 of 3 Revenue Tax: $15.20 Dubuque County Iowa John Murphy Recorder File2015-00003772 Preparer Information: (Name, address and phone number) Crenna Bramwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) Exempt per Iowa Code 428A.2(21) Return Document To: (Name and complete address) Crenna Bramwell, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: Estate of Dolores A. Walbrun City of Dubuque, Iowa Legal description:See Page 2 Document or instrument number of previously recorded documents: 0 The Iowa State Bar Association 2013 IOWADOCS© Cj Q)& THE IOVVA STATE E3AR ASSOCIATION C'reuna Biumwell, 300 Main Street, Suite 330, Dubuque, IA 52001 Fc,-)NF4ELREGti-or,FsFuELsrry,°F.,7A:EEr Official Form Ne, P201 STA -pi, 21J COURT OFFICER DEED 7,s>, In The Matter of the Estate of Dolores A. Walbrun now pending in the Iowa District Court in and for Dubuque County. Probate No. 0131 lESPRO44969 Pursuant to the authority and power vested in the undersigned, and in consideration of One Dollar(s) and other valuable consideration, the undersigned, in the representative capacity designated below, hereby Convey(s) to CITY OF DUBUQUE, IOWA the following described real estate in Dubuque County, Iowa: Lot 2 of Lot 63 in L.H. Langworthy's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated: April 2, 2015 ESTATE OF DOLORES A. WALBRUN By411,,di / —... , 4. 41111 A 4 Title By Title As .t.(CC(1-rA *in the As *in the above entitled estate or cause. above entitled estate or cause. *Executor, Administrator, Guardian, Conservator, Trustee, Referee, Commissioner, or Receiver 0 The Iowa State Dar Association 2013 P201 COURT OFFICER DEED IOWADOCS© Revised August 2013 ACKNOWLEDGMENT FOR INDIVIDUALS STATE OF f6t41fr ' COUNTY OF by NbJeodo,6)c-- Thi record was aAnipwledgedbefore me thisyik.): day &f fil-11-f/-491 as fec EC e7c, of te- '1)6teill.-,c 4, wig -640i c.5 -7-4-7--E JAMES E. GOODMAN, JR Commission Numb r 1 7622 My Comm. Exp. ic nature of Nota ublic STATE OF , COUNTY OF This record was acknowledged before me this day of by as of Signature of Notary Public ACKNOWLEDGMENT FOR CORPORATIONS STATE OF , COUNTY OF This record was acknowledged before me this day of by as of on behalf of said corporation as fiduciary Signature of Notary Public STATE OF' COUNTY OF This record was acknowledgedbefore me this day of by as of on behalf of said corporation as fiduciary Signature of Notary Public