Eagle Point Park Entrance Property PurchaseTHE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
October 2, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Property at Entrance to Eagle Point Park
During the process of constructing the new fee collector's building at Eagle Point Park
and installing a new entrance gate, it was discovered that the existing road encroached
on the neighbor's property for many years.
Leisure Services Manager Gil Spence recommends City Council approval of a purchase
agreement fora 14 foot by 207 foot piece of property at the entrance of Eagle Point
Park currently owned by Lonnie Allen for a purchase price of $8,000.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
THE CTTY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
October 1, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manage
SUBJECT: Purchase of Property at Entrance to Eagle Point Park
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the purchase
agreement fora 14 foot by 207 foot piece of property from Lonnie Allen at the entrance
to Eagle Point Park.
DISCUSSION
During the process of constructing the new fee collector's building at Eagle Point Park
and installing a new entrance gate, it was discovered that the existing road encroached
on the neighbor's property. This situation had existed for many years.
It was decided that the best solution is for the City of Dubuque to purchase the small
piece of property from Lonnie Allen. Mr. Allen is a willing seller and has signed the
attached offer to buy real estate and acceptance sheet. Our offer is for $8,000 and the
City pays all costs.
ACTION STEP
The action requested is that the City Council approve the attached offer to buy real
estate and acceptance, and authorize the City Manager to sign it.
GDS:et
attachment
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Lonnie Allen, 2655 Shiras Avenue, Dubuque, Iowa 52001, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa, (Buyer)
offers to buy real estate in Dubuque County, Iowa, described as follows:
Lot A of Lot 1-1-221 and Lot A of Lot 2-222 both of Julien Addition in the
City of Dubuque, Iowa
as shown on the attached Acquisition Plat, 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,
designated the Real Estate.
SECTION 2. PRICE. The purchase price shall be $8,000.00 payable in cash at
closing.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of
real estate taxes on the Real Estate shall be based upon such taxes for the year currently
payable unless the parties state otherwise.
SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of the
Real Estate shall be delivered to Buyer on October 1, 2007, with any adjustments of rent,
insurance, and interest to be made as of the date of transfer of possession.
SECTION 5. 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 6. ABSTRACT AND TITLE. Seller shall promptly deliver the abstract of title
to the Real Estate to Buyer for examination. It shall show merchantable title in Seller in
conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar
Association. Buyer shall pay the costs of any abstracting.
SECTION 7. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 .d. Any general warranties of title
shall extend only to the time of acceptance of this offer, with special warranties as to acts
of Seller continuing up to time of delivery of the deed.
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SECTION 8. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
SECTION 9. REMEDIES OF THE PARTIES.
9.1 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
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) 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.
9.2 If Seller fails to timely perform this contract, Buyer has the right to have all
payments made returned to them.
9.3 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 10. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This
contract shall apply to and bind the successors in interest of the parties.
SECTION 11. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or
before August 29, 2007, it shall become void and all payments shall be repaid to Buyer.
SECTION 12. OTHER PROVISIONS.
12.1 Buyer shall at its expense survey and plat the Real Estate. Seller agrees to
consent to the plat.
Dated:
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
THIS OFFER IS ACCEPTED A
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Dated: ~/7/~
LONNIE ALLEN
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ACQU151Ti4N PLAT
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