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Sale of Property at 1501-1503 Bluff Street_Winn Copyright 2014 City of Dubuque Public Hearings # 2. ITEM TITLE: Sale of Property at 1501-1503 Bluff Street SUMMARY: Proof of publication on notice of public hearing to consider disposing of City-owned real property at 1501 - 1503 Bluff Street to Ethan D. and Valerie R. Winn and the City Manager recommending approval. RESOLUTION Disposing of City interest in real property located at 1501- 03 Bluff Street in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Sale of 1501-1503 Bluff Street-MVM Memo City Manager Memo ❑ Memo Staff Memo ❑ Resolution Resolutions ❑ Special Warranty Deed Supporting Documentation ❑ Purchase Agreement Supporting Documentation THE CITY OF Dubuque U E 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: Sale of City-Owned Property at 1501-1503 Bluff Street DATE: September 29, 2015 In October of 2014, the City Council authorized the Housing Department to purchase 1501-1503 Bluff Street from the Washington Neighborhood Development Corporation, who was trying to liquidate their properties. At that time, the City was owed $88,469. The City received $30,000 at closing, with the ultimate goal of recouping the balance and other accrued debt when the property was sold. Since the City's purchase, the City had to put in additional funds to bring the property back into rehab standards and prepare it for sale. Those additional funds total $19,194, bringing the total investment to $77,663. An offer has been made by Ethan D. and Valerie R. Winn, to purchase the property at 1501-1503 Bluff Street for $75,000, in accordance with the value established by an independent appraiser. The City will not recover the $2,663 difference from the $77,663 investment. The buyers will receive an incentives package to assist with closing costs and other related costs in the amount of $5,000 to be given as a grant, there will be no portion of these funds paid back. A restrictive covenant has been recorded by the City as approved by the City Council, that they will reside on one side and rent the other side. Pursuant to CDBG regulations, the buyers have to be below 80% median income at the time of purchase and the rental household must also be under 80% median income. The buyers have agreed to such terms. Total financing to Ethan and Valerie Winn will be provided through a first mortgage from American Trust and the owner's downpayment. The City will not be financing any other part of this transaction. Housing & Community Development Department Director Alvin Nash recommends City Council approval of a Purchase Agreement and Special Warranty Deed for the sale of 1501-1503 Bluff Street to Ethan and Valerie Winn for $75,000. 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 2 THE CITY OF Dubuque AII-Ame1 rica City DUBgkE r Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Sale of City-Owned property at 1501-03 Bluff Street DATE: September 24, 2015 Introduction The purpose of this memorandum is to request approval of the attached purchase agreement and special warranty deed for the sale of City owned property at 1501-03 Bluff Street. Background In October of 2014, the City Council authorized the Housing Department to purchase 1501-03 Bluff Street from the Washington Neighborhood Development Corporation (WNDC), who was trying to liquidate their properties. At that time, the City was owed $88,469. We received $30,000 at closing, with the ultimate goal of recouping the balance and other accrued debt when the property was sold. Since the City's purchase, the City had to put in additional funds to bring the property back into rehab standards and prepare it for sale. Those additional funds total $19,194, bringing the total investment to $77,663. The City has an offer to purchase. Program funds utilized to rehab this program years ago for WNDC and now recently was Community Development Block Grant (CDBG). By selling this property we will be putting funds back in to the CDBG funds to be reused as in the past for CDBG eligible activities. Discussion On September 21, 2015, the City Council, passed Resolution No. 322.15 declaring its intent to dispose of City-owned property at 1501-03 Bluff Street. An offer has been made by Ethan D and Valerie R. Winn, to purchase the property at 1501-03 Bluff Street for $75,000, in accordance with the value established by an independent appraiser. The City will not recover the $2,663 difference from the $77,663 investment. The buyers will receive an incentives package to assist with closing costs and other related costs in the amount of $5,000 to be given as a grant, there will be no portion of these funds paid back. A restrictive covenant has been recorded by the City as approved by the City Council, that they will reside on one side and rent the other side. Pursuant to CDBG regulations, the buyers have to be below 80% median income at the time of purchase and the rental household must also be under 80% median income. The buyer have agreed to such terms. Total financing to Ethan and Valerie Winn will be provided through a first mortgage from American Trust and the owner's downpayment. The City will not be financing any other part of this transaction. Action Step I request that the City Council passes, approves, and adopts the attached resolution and Special Warranty Deed for the sale of 1501-03 Bluff Street. Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 350-15 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1501-03 BLUFF STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 322-15, dated September 21, 2015, declared its intent to dispose of City interest in real property located at 1501-03 Bluff Street, legally described as: The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and 669 in the City of Dubuque, Iowa, according to the recorded plat thereof: 1501-03 Bluff Street (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on October 5, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Ethan D. and Valerie R. Winn according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Ethan D. and Valerie R. Winn for the sale of the Property, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed, conveying the City's interest in the Property to Ethan D. and Valerie R. Winn. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of the Resolution. Passed, approved, and adopted this 5th day of October, 201 Attest: r. Kevin Firnstahl, City Jerk Roy D. Byo', Mayor Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Tax Statement to: Ethan & Valeria Winn c/o Kevin Flynn (Power of Attorney) 2337 Roosevelt Street Dubuque, IA 52001 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Ethan & Valeria Winn, as joint tenants with the right of survivorship and not as tenants in common, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and 669 in the City of Dubuque, Iowa, according to the recorded plat thereof This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 322-15 of the City Council of the City of Dubuque adopted the 21st day of September, 2015, the terms and conditions thereof, if any, having been fulfilled. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this 5th day of October, 2015 at Dubuque, Iowa. CITY OF DUBUQU ` IOWA Attest: By: °'_ Kevi S. Firnstahl, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE Roy D. B , Mayor On thi day of al , 2015, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Dubuque County, Iowa 'ISH L GLEASON Commission Number 719986 My Commission Expires • H tss gas OW IwW by I.for of 3rdo at l-w $201 3, is t in heseby mak An ftm gad amadong the tam as sband ia the Purchese 4,Cmuv&a=pt the fo :Tbk not ladade the torms or wadWow in avy o S.Ofrer unfift worporaw by raiervaml 6.PRICE TO D&S _ ra S-x offarg Da =was"wow 9.-; d5s r 10.1 SOW $f 8 IH. IL 13. IL 1i, es, issurvive the akft of*b ftuwdm 7u 1°T. is floc B ae d ea the t8. C et$ 3i t13 .T t►l: PKV (Ilm ie oft ) of 13a ttu Co bo is la s 'e .ed m IL RfGVT TO ACCrPT OTHER OFFER& This nbwbe wWWmvm by offigur st to 22,n deRmy nd accephnoc offt C ,without ngw bin ib3' the of ' p or tiff tiny kt this by cuf`ttte tab ` � trfhaa , Self�orHj 25. Seller mywntkm totabbackup o SK4 up to .the fte afawamank and mycandavalc the 29.Tkh Co tty G lis Agent and Firla ;S f tM of ollr .+�,f Mrastored? rty Ce Q(P&r9yAwq4uS Co ) 31.Print pants 4--% 4 V-N n 1'aiot 'r 32. Canater43ffer Wps pmested by am t Agent vW 33.Thh Coua er is(ebwk er*a R&MCM p COUNnRW..ParW,% Al Jftrty'sDMUL 34.NOTE- PmvW=from a Coustal0fler may be hwkded by sap of the entkeprovhdou or hworporadw 3S.Iry Previssens mcwporated by r0firam mei+be indwated m the suhmqawt Ca ft by spw*mg the 36.Number afthe prevision at the fim containing the pm..isift 31.NOTE.- Number this Courdwwoft sequamWly,al.Covert m Xm I by SOW,CA ffer 2 by Buyer,etc. 4 Tfl o *Copyrig&2d 10 Ct lovm Multiple Listin SaMtx For Member Use Only C` Prc� II ftems,below must be considered vift the sale of 160J-1 603 Bluff Purchase . Must be ebuyers and renters have to be Income below) Household's Income(Including but not limited to S.S.;SSI;unemployment child suppcot and any kftut earned off Investments) rat exceed the RAcw*V. 1 person $37.000 $4�2250 3 $41p $62 Buyers must conbibute at least 3 f the actual purchase price($-2AW. Workshop,Buyers are obligated to attend the HOME see attached Must be able,to gd benk I'mincing from reputable lending years,be 30 lixed tats. Rent cannot exceed Fair Market Rents(FMR)for Dubuque. Ex.Thme bedroom $9W with utifftles.Worry ulffides am being paid by the tenorit,you must subtract c the utilities afkwramein sheet that is attached heroto. City Council approval(2 ,I It one Is requesting the pubic hearing be set to sell, VO one to I` 54 days to cls Total . Investment$100,050.including$23,550 in Lead Based Paint Program Allowances for UA Deparbmwt W Housing Uffitles and thftn Dmiloprmint and Other Services PuM and Ind6i Waft [hit 7ypa Dam � Cykyf of Dubuque 10uplax oBR. 1Eft 28R 38R 4 B ERR Fkm&V NOW Go 57 71 79 36 93 some" 41 48 51 66 60 6a til 1261 163 241 209 367 CODMV IL Ndww Gas 4 4 1 4 7 IL BAD am 6 0 7 10 30 41 , 481 56 :- 03 YValsrHseft a.NsMW Gas 10 ':#2 16 :'20 b.soft Gas a 1� •12 17 21 star 19 •21F 281 34 41 47 26 20 38 47 606S" 7 7 7 7 7 7 2 =;2 2 2 2 2 3 3 3 3 •.3 ACtMdFAM9YAR&m=cam Tobe by!hs fam*to or for ft amw ural rardst (MmElt .f;•J+ ArCom - !70 ; h.: '?i s r` VVWW Jx .nii4 rsr titNumW RaMsarab of Ndmoras aim Toth 242.00- s a gat 6.n r, tj•.� City Prograw A UsefulIlipsi Make the nwst of your investrmt by kmpakV.city Wadays g Program,how the PwfM works,'how to select and rOct) with tors oM whatthis workshop can do for you. =3 Pin FinanciW Solutionst Fit Your ` 9Cost: Discover to developthe worksold for 4 clWses- mid savIng tips to-decreme yew expv1ses, preregWmtIdn Learn how to use credit wiselyto amid predowy lenders. Basic SankiN Where: (Week'-bft—Trc"*ed by Local Leakn) HousingA Communityto savingsLearn different accounts available and basic Dept. —3rd Floor baMing ills from openingto closingHistoric 1 Building hame. You wTffo loom aboft home w=Mnw. Dubuque ITA The,EneW Wise Take A Closer Looki ( / o Register: Find to avoidrenting i 4°mongy pito by please call City of Dubuque learnfrig ways to reduce your utilities bik Housingoa Develop.ent Oepwtment 3m F ' l SPONSORED Y: Qty of DubAue Housing&Comrmnly Devefoprmnt poii�. 021 1 PURCHASECONTRACT Page 1 of 4 A LWAL BDVD17VG DOCVMFM IFNOT UAMMWD SEWLEVAL AD KCE DATE CF OFFER, AGENCY N ON - N 1. is t is A £ t 2. a sirelt 3. or r Buyer as ?, 4. Buyerand SeDWOOD&M that wrl#m disclosures of 29CDcYrq=sentWon wemprovided to theM theyunderstand S. who%yepreseaft them wW the disclumes WereptWded prier to siping a&off cTF or Reg p 6. DOCUMENTSA A PURCRASE,CONTRACT 9. & Base Paint Disclosure 9. Addendum p Ltiscl of Cont 1& Pddend=toP%svhwcA, ngenqddendum 11. A 12. 13.i3 SELLER) iso as 14. dukusted as BUYER) 1S. to wn as z lzlYJ -S and arm to pay you the sum of: 19 ZIP 1S. as folF se in be in by 19. Broker, money shall satisfibcdon 20. two c heus ai�a, amaiDalai ie bt as In o f21.22. da 017910 pavikaft price shall 23. awnest S 24.The be is ayf 23, ta► Senwhas be o is ca: a o 26 to receive' of ihods. 27, This emstract 12=fiuMt nPon SO Bayer Obtahmg a X Al PWA"in lines 3&U of n 29. 30. 31. OVA 32• Q 1,and CwtracKtam"follows) 33. 34. 1f1t P PrOdBuYerls,unable,to obtain ftancing,this contractIgterminated and earnest 35. Monty rat A £ (%)percent(or)S INTEREST RATE not to exceed: °/s ver annum 37.TERM OF M0RTG,4GZWAXyears. DATE FOR FWANMG C014MNGXNCY /✓.,l 38.If Bayer not make thucly deLvery ofsaid coed agena y release,then Seller may terminate this offer by w rittra 39.notice to Buyer. 4d,PRE-APPROVAL LETTER(check one)14attache delivered hp®l !� _ 41.All usual costs incurred in 90turing such moftage&Tall be*d by the Daya ompt Seller to Py W is g p 42.WVFurds Buyers a • costs and prepaid items. 43.OTIM TERMSICONTINGENCIES B TIYtfi vJ SELM MITL Pale 2 of 4 Pagis AAdrum 4S.broker way time to o and show the props for and t ec p offera until settlement shrill d lftg possession 1 be p of DaW.L1 47. cy shall be given to B (choose or Dmp ! 49L TMS T IS ALSO SUBRCT TO THE FOLLOWING TnMS AND 49.TRUST PA .It is at time of t® received CONDITIONS: m the =Nor Buyer's)ender inq be used to pay uns,ofim New and cqmnm associated 5I=hatisaction,same,to be handled under the supervision of the Listing Braker so as to produce marketable We. S2.stow hereby appolas theListing or lender to receive such such 53.pryments and disbursements. St RZ" A TAXES,SPECIAL ASSESSM]LNTS,AND C19ARGFS S&Unless se Weed to in W1610L all Real Estate=99 due and pqsbk prior to and including am settlement daft ° ll 56.be paid by the Soller.Any taxes that cannot be paid to at the time of settlement be lawated between the • carrentanessed t+y. All Red Estate Twies due and payable alarthe sedlement date will assessments59.be paid by ft Bayer. All gpeclid a lion at on time ofiettlementofftoffer weto be paid by 68 SeHer.All charges fbr solid 1, k to Se 's 61.possession am to be paid by Seller.All Bass caused by Se a)vmersNp,mwh as meebanics fi mowing,wow 62.temmal,48c.are to be . b Seller. subsequent to be i Buyer.Interest,rwis, 63.humwvnW Mocisfift does and .unused fuels and odier approydate chmrs shall lbs pmated as of 64.ffie date ofsettlement Accrued ham es,inchWing Uses for to day ofolosing,shall accroa to the 65.SeDer. INSURANCK Sefia shall bear the risk of less or 4uniage to pxpemy prkw to afflenumt or possession,whichever 67first occars Seller agrees to nuintahi existurg irwrat",and Buyer may purchase additionalinsurance. in dw 68.Mat 6fdAmage to the property priorto settlement iffi an amount of not more than 5 percent afthe,sefts price 69.Seler to repair the property and restare it to The am condltim dud it was an the date of 78.offer.If&a d=W should exceed this amount,Seof 71.this coniract may be ternitrated atBuyer end earnest nwjuy feramed. 72. todamage, to the insurance proceeds re 73.to to dunagr,plus a credit townds the purchase price equal to the Rmo=offt&Dees deductible an such polky. ,if 74.1he sale is finsisced by a lad contract art inorigage to Sebeholdin trust farthele purpose of 7S redoring the property. 76.INCLUDED PRO (if .All praiperty that in tar to,or is 77, put of (VW@Pt rental., MMI whaffier attached or to, to wall 78-carpeting and ° 1, fawns a g)'mrriwslhe�shades.rods,b 79. vladows,storm doom smeft.plumbing ftftzk a )r door chimes, - items and electrical ct cablellencizig Kamp SI°door opeow and s�other atwhed fixtuns,radio andiar avaclwd TV receivingit%fencin& Al bushm shrubs,plams,garden bulbs, or coverin 93.k'aHnOd s cent vacua accessories, and lawn sprinkrx system and $4.component panss,built in appliances,ftcet,MVIRCO wreen,fire grate and attached equipment,appurtenant 85 es or equipmea4 storage builduqm and ntral water membership sball be considered a pan ofreal estate and hicluded in this sale.OTHER iNCLUDED ITEMS- 89. Sm89. CL ]ED PROPERTY AND RENTAL ITEMS CLe.water roftener,LP or outer gas tank): - - -— 9i1. BUYER IMTL4,L �O POP 3 of4 Pago mormy Address a State 91-DUTLESOFPARTM.- V 92.SeNer and Buyer adizowledge and"1hd kEALT0RWW*,er(z).Its affiliated licensees and amployear 93.must rosPOW malt questiON Of the PztW;however dzey are not required to discover bidden defects or give 94.Woe On MMUS OUW&the WOPO Of their real csbft ficesse;mab no(and Seller and Buyer=not relyIng 95-Upon)r*m=WGW Or wwranties as to*9 Physical or mechanical condition of the properiy,fis size,vahr, value.Mcorne potential,who*=the basetnent)z waerpr*4 at,are not qualified to advin on*asdons 97-concorn*&the condition ofthc pvpcM, he legal suffidency,legal efled or tax consequences ofthis document 98.or transaction.For such matt"%Se Bw JAnd B"a areadvised to consult the appropriate pro[esdawal(s). 99.Seller amid Buyer aeltuawlefte dw the 9011or of real Property has a legal duty to disclose in pod fift materld 10MIM"fictS and 10"Mial defixts of which Saw has actual lawwledge and which a reasonable Inspection by 1013uyer would not ravool.Buyer has tie riot to obtak Inspections,survey amd measurements at Boyce# 102-expease.Buyer is a"sed to request thit special prowWons be written into this contract prior to Aping,to cover 103.any ard all conditions Wbkh Buyer nfight consider to be quesdonablo or pimblemstical,(wbe*a such be 104-hupection for tumbes,drainage,wuw and soil couditicruk adequacy ofshwoue or any compments,zonfus, 105.bo undw*utility connections,crony otherznaftors� ProfessonahmeavailablDwiddn&econvmwdtytocanak 106.regardingthese and many other isms relating to your trousactim and you we encouraged to co w' smh 107-professionals on an as needed beds.BY acceptance of Offer,the Saw warnm and represents:Thot Seller has IOSAisclosed notice or knowledge of any placed public Improvement which may result in special asommato or other 1091MUS,that no 90V=Ment agency has served any notice requiring zzpak sheratIons or coneWous ofary,existing I 10.coaditions net previously disclosed.7bis representation mf of this trusection, 111.JOINT TENANCY IN PRCK=S AND IN SECURM RIGHTS IN REAL ESTATE.XSeffor, M' this offer,holds fift to fbeproperty inloftimacy,and sacbjoint tansaM is not[der 113.dwav;3W by Operation of law or by acts of Saw,then the procecdg ofdlb ulk sad any cougming andlor 114-mceptured flAft of Sella in real esW*shall be and coufmac in ScRa as joint tenants wi& job of sunivors* 11 5AWd not as terumb in common,and Boyer in ffie MW Ofthe doetit ofeither Seller agree to pay my bolance ofthe 11 fiprocceds Ofthis sale to dw SWWY!ng Seller and to accept deed fi=such staviving Sonw. 117-CONDMON OF PROPERTY.SOON arm to remove all,dalsis and all petumal property not inchkied herok fim the 1.15 by possession date IM18"thm is&prior written agreement by the partim 7b*property shell be delivered to 119-BuYer On The daft stipulated above nrept and vwumned and ready for oc;cupsncy.At a reasonable time be settlement 12OAs pre-approved,by the Seller or SenWg Mayt the Bu3W"ban tbe rWg to inspect the property to detertnine that dun 121 I=bow no significant chane in the condition of the property,except far ordinary mew and tear and changes appvvW by 1 1h Buyer,and my du&cb Sellerbas ejected to ewc have been=p*ad in a pod w"Inuen Mce manner. WSMVEY.Bu)W may,pnor to settlemank have the property naveyed,at Buyeegespma�ZBOYM CIMS to 124.1ave the Property sumy:cd,Buyer will hm the survey completed st IcrA gevan(7)businessprior to tha 125icheduled settlement,Ifthe survey,catified by a Itzg1stered Land Surveyw,shows amyoncroadmad:on , 126.property,or if any impmventents kwSW on the 2*W ptuporV enernuh on an&of other%Mrh eneroachmenft 127.sW be treated as a"defect 12LREMEDES OF THE PARTIES-FoRyEITURZ.FaRpA3A)SURZ 1290 Seller fails,to Ibif M this a9feement,Buyer has,the right to tondnaft c ct and be re 138.the Buyer. the Own WnM money turned to 131.1fRuyer&&to NEI this BgmmmA Seller has the right to terminate the contract all Payments by Dwyer may be lbriefted and 132.rctaiaed by Soft as Provided in tha Lm of state in which 66 property is located.In addition to die foregning vemedlek 1333wya and Saw eacb shall be cadded to any mid all other remedim or action at law or in equity,including ftooksure and 134.9m party at fault shall,Pe cast&and attorney fees,end aztceivar may be appointed. 135.ABSTRACT AND MIX Seller shall f=M Buyer an abstract of Me,or polloy of title,insuraneci in 136.tonftmky with this agrearrmt and iond f6c,law of the State. Ifabstract does not show good merchantable, 137.titfa to said property.Dee,and cleor of all Men and eneumbronom not=pressly walved or assumed by the Buyer, 13&Sefler shaH coned defects,in*k before settlement is made. Municipal building codes and zoning otdinance or 139ininera)reservationo and public casements sheill not be construed as "&encoraNmro". Saner dapa y o, of am 140.udditional abstracting and/or title,vxffk due to act or omission of Seller,including umsfers by death of Seller 141.or assigns. Miarketable We to be established by the existing land law and title standard of the state in which 142.the property is located. BUYER INITIAL INMAL SELLER MTUL, 'IMTIAL Page 4of4 Pages 1°11111? d 143. T V Lf is an of any estateY . , 1 laC to 8 S tared lluty� Ifnecessary, 145 dilig y fmhewing for Cam approvaL In ft event .a COW Officat's Deed sW be used. 147.DZED.Upon pw1mant of pinchm price.Sellersholl convey title b5'warranty dead or other inauument that is 1 by BuyWs attafty. 149-GENERAL PROVISION In to performance of each part of e mhall be of the essance.This be binding an and Jmn to the baw&of the heirs ay-s,administrators,assigns and 15I.successom in interest of the respective,partim Tbs affmoent shalt Survive the satkinent 152 convenience of and r ` nor c t of . W 153. including acknowledgement h 4 be as in $.WlW orphaw amber,and 1 • ►ac d' to the 1 NOAny n • requiredAgreement aW be deamed delivemd who it h rcceivaii or 156.e' receipt or to provided 15h0h.below or their Drofor or Aseal. 1give be Seller(s) B j a4 addresses set IftEl9cuutdc m to the o4her porty or to*0 Wfopdate Drekw,followed by 'c or 159.hxed ackowledgeraeut ofrace4t.sW Constitute delivery of signed 1 .Un document and attadhments contams the etifire agreemmt of&a parties and supersedes all 141.prJor offam wA ramped to the he moMed ouly by g wftm agramunt Signed and dated by liMboth parde&This Offer for Reel HOU shall not be assigned by Buyer without the writteu owmwt of Sel 1 IAA To fs Seller to 1 . will be conducted in 4000rdeom with the of*anutually 165igmed snadiationservice,Even when utilizing mad` . 'es may alt ' . 1 o shall a hr tine sale and purchm oftbe 1 .a d ibe iQn s) bedue to the s)in aczardence withthe 1 L' A A or 1 conditions or terms ofadd a 170. by 171,ICt&ia o by Sellar an or before M.or ama.Dates LWI I A:- of for Shan 172.bacame mull and money returned,to Buyer without BnAffiftenn peft ori-aid Agent(s)to efta 173. 174-1YW of Nr Was presented to SeDw by at P 11 17.5.1he foregoing ofier is(check one OACCPD, aMECM OCOWTMD } DATE: ) DATE tBu.,� .�e'er IaATB: 3 RATE PROM Addma PHCNE A1: E.m FAX Buyer Attomey Name: ECLAR 1 2114 CCopyright 2010 East Central Iowa Multiple Lining Service For Member Use Onty ECTAR 24 lersoI e le Agreement g 71st undersigned Sellers) In consideration of the stem Of P"'-f ,and other valuable id on including the ccs nience ofboth patties,do hereby sell,assign, assign,transfer and set over unto the undersigned Buyer(s) /17 , the following described Personal Property,which will be transfwad in"as is"condition,with no warranties: r --------------- (herein" property-) The Personal Property is now located at: Street Ci 23P (ham"Real Property:) Transfer of the Personal Property is contingen t on Sellers)successfiffly conveying to Buycrs)the Real Pro perty described above. Buyers)hereby assent to becoming owner of the above described Personal property upon the conveyance of the heal Property to Buyers). Should the trammet ion not close,this bill of sale shall be terminated and the Buyer(s)shall no longer he obligated to purchase nor shall Sellers)be obligated to sell tate abov �acribed Personal Property. 9.' te � � B Date• t3! I�Se Date 1 ! Buye J`. Date: ECEAR 24 ill 0 C Copyright 2010 East Central Iowa Multiple Listing Service Inc. For Member Use only R 7 INSPECTION ADDENDUM P 1 of 3 Pages RE: sa B real estate n t2a : by and betweenthe undersigned Buyer aa re the La°ret 1 city tarts ZIP TWS SECnON MUST BE READ,UNDERSTOOD AND INITLA Those 1,11SPections only cover conditions of the property not previously disclosed. They are not to be construed oa inspections to bring an older home sato compliance with currentlocal building code& They are only intended to discover Sty HIS*structural,mechanical,safety and health related and defccM Additionally,ivith respectto the Items noted is said inspection reports to have r c or exceeded normal os ass Iffe,so long as such Hems Art 1n woriting order,stick condition(s) sham not be as basis for finding that said Items sire to ao deftedve condition,and Seller shalt not be required to repair or replace such Jtcmj4 and said conditions(s)shan trot tGusthate groundsfor termination of the rcha Con If Buyer don not complete any of the Inspections within the time fmes rx Agreed tea, to accept e in®' " d live to than inspection.A of ` ens >a they an deemed addendum provided to any inspector prior to a giart:orany irrs n, NOTE;InsPections required by FRA,VA or leader do not eliminate the need for other JAS ' urs. WO the undersigned have read and understand the information in the section above and agreeby providing our initials. BUYER 11 e— xff 4/—� INITWX SELL In Lys a. With ofsaid Purchase Contract,Buyer shall have the fight to conduct a home inspection,at the Haryer's expense by a qualified independent inspector,Or other specific hupection Inspection will be completed, rt and.deli to Se with to Inspection. 1. or int I ;2. b' h o tyto aHgne to have aa in and rel' hih ®wahereby waives his/her rd to inaction as condition of said Buyer Se Broker.Sal and all o transfer of to from all liability relating to y or deficiencyafeting property. This waiver"survivethe closin g 2. N—Oft IDPH pamphlet Awu Radon if and SdAws Fact Skedor visit .eua.gcavlradrerat af4With wri of said Parchm coutrac4 Buyer sh&H have right ars a Inspection at Buyer's to be raved by a licensed Inspector. insPOcticlu will be 00TOPItted,Mort received and delivered to Seller aabngwitty to In (CHOOSE ONE)I.On a before l A 2.Within days b. uyerhasbeena ed the opportunity to have a Radon Inspection.However,Buycr hereby wai er right to to have a region inspection and relies upas his/her own determination as to the ition ref said property.Further, Buyer releases the Seller,Brokcn,Salesperson and all other per=s assmiatedwith the transfer ofrral estate from and all liability relating to eery defect or deficiency sting the property. 'his waiver shall survive the closing. INSPECTION ADDENDUMI>A R 2 DB Pat*200Falles PROPERTVADDRXSS a be Zip 3. WOO DE STROYING P I OAT—" R A U FINANCING APPROVAL" a. Tion Buyer s ce of said i ut have the tight to co a Wood yin pest. performed by a qualified Pest Ins 'on will be'*mp report recelved and delivered to Seiler g with the Response to Inspection Rvpoxt ( SE O 1.Un or be 1 ! .7.NIawdmdays prior to closing b- Buyer's seeking a VA L0an wrhich rcqflimthm Seller ooadu t a wood destroying Pest impeWwat Seller's e e 110 ho will,rfn by a pest inspector. ton will be completed, r and rod td Buyer "prepate a me to Inspections Report. (CHOOSE O 1.On or bektA. 1 2.No law Thanprior to clos' c. Buytr has been,aff apportimity toline�a g peatIrspeefion.However,Buyer hereby waives ` 10 have a wood destroying pest inspection and relics upon hisolber own 'n as to the con of said ,Buyer re[ the Self,Broker,Salaperson and all other Pewns associated ofreal estate any and all fiabilitY relating to any defixt or dallojency affecting This waiver"a i4e the closing 4. WATER TEST(Ir )— DER MAY REOUIRE FOR FINANCINGAPPROVAL- ' 'SAL" aLi WithWrIften of aC011tr9d,Buyer Shall have the right to conduct a water W performed by a qualified third pitty at Bu3Ws expense, j'AWalertit to be received and delivemil to Seller along with the Response to Juspectioti Rt (CHOOSE ONE)i. or ore 1 1 2.No I to dating b. Buyer has been afforded the right to have a ltd Test Perhm ed by a q 'fed ` .,However,Buyer y waivesh' right:to a water and relies his/iuer own inat t as to the property,itis of said Further,Bary r el ills ,B ,Salesperson and all o ns i the fat of ted am" fimn any and all liability rejsairig to an y g .x7tis waivers survive the c S. SB IAC` ON(If y or deficiency a n Chit Ion Code 455B.172 mandates the Inspeotion of se e poi Systems,unless exempt,prior to the transfer of . The code fer of es to p which includes at least offs but not mm am four dwelling units,This papedy has a septic system is not connected to a sanitary sewer sy IL M With Wliften acceptance of said Purchase C $ Se go S 'C Inspection fedpro the r Inspector. vide esults b prior to Cl S wilt Ire by a€eitified AI�TPt ticinspww report 'vim and t4a Se11�21on 2t Buyer's Expense, S punas flu 'on R e. Bttya r d8N i.By�1_ 2.No primo to olosing. results of a S G Sys on conducted by a C ata3d S Systemwithin the aPpirriate state mandated time fiame d• II -Buyer affirded the right to have the septic System inspected by a qualified thkd party,. However,Buyerherobywalveshis4iarl&to have a sc0c systmil inspection relies Won hls&cr own deWrinnuition 23 to the condition of sial property.Puithr.Buyer nk amthe Se11er, ker,S and all with the transfif of realestatef'om any and 211 liability to any defw or d .This waiver shall survive the closing. 6° RD PA (See EpA pa h tett' ,,F4 'rm n r I'o r No e) a This contract is eonthigWupon a tiskassessmem or ins 'on Of flue for the Presence of feadbased paint and/or paint hazards at the Buyers expense with such Inspection to be completed before 9.00 pm.on the 1M calendar day after acceptance ofthe Purchase Cnntract.This contingency will terminate at the above etersnined deadline unless the Buyer,or Buyer agent,deirvers to the Seller(or Seller agtnt)a written contract adds listing the specific existing deficiencies and Co ions needed,together with a copy ofthe inspection and/or risk assessment report.The Self may,at the Seller's option,w days after delivery of the addendum,elect in writing whether to correct the eoudition(s)prior to settlement.If the Seller will correct the condition,the Seiler shall f n'Wsb the Buyer with certification from a riskassessor or inspector demonstrating that the condition has been remedied before the date of the settlement If the Seller does not elect to make the repairs,or ifthe Sella-makes a counkr-of er,the Buyer shall have _do"after receipt to respond to tate counter-offer or remove this contingency and take the property in"As,-is" condition or this contract shall become term' -lrttact lead- paint drat a i in good condition is not necessarily BUYER�TITIALL Ilwtl a ! �1.�a SELLER I+IIIA� )cNi INSPECT IONI> l9TD!UJM PAGE?PROPERTY ADDRESS gas Illt Pa e 3 al'3 p St to Zi LEAD BASED P (CON-1) b-[X Buyerha I=affirded the op ity 10 have a In on.However,Buyer hereby waiv= hisAer right to have a lead-based paint inspection and relies npou Inalber own determination as to the condition of said propeq, r,.auyer reusestheSeller,Braker,Salesperson and all other s associated with the transfer of real estate fmm my and all liability Mating t0 MY defect or deficiancy afficling the property. This waiver shall survive tha closing. I RIGHT TO CURE&EpAIR Seller has the right ct it any defective co do®discovered by inspections re port asNO ex ons apply.OR b. (ball in} *rBuyer has excepted an am or system fiam the ri to=Mvpsira de by checking box"b"above and if an describes a defi=dva condition in the e=bjdod area or syrxm,thispmhm contract shall be terms unless `se mutually agreed by the parties in writing.in the event that option-e above has been Velected such 60 no ex ns the cxistenre of a defective condition ll not ocrands Ibr tuminatiOn Ofthc Purchase Contract if the Salter agmes t0 core and/or repak said condition. IS SECTION MUST BE nAD,UNDERSTOOD &RF-NOVATION,REPAIR,OR REPLACEMENT In the event any Of the abOva ins "oras reveal a deftdive condition not previously disclosed,buyer will deliver to seller Response To bas ons Repor4 together with a copy of the cornplete inspection (s), ining,whatprocedures the BWer Will require Self to complete in Order to defective condition(s). If Buyer fails to respond'within 'red , e they agree to accept the property in"AS IS- "onandforfLtany right to terminate Purchase Contract bwed On the terms outlined in the hopection Addendum. Seller agrees to respond to Buyer on said pesponse,to inspecdon Repog Whbin kLVCcti —days after iv` the on Report rtes se to F DBR- rn Buyer In t Seller fails to respond as rwp*cd then they Wee to complete the above m requiredby Buyer forfeit rito tmninaft the Purchase s li in&e Inspection Addendtm BUYERINInAl INff IALX�,J�0 SELLER d' �� WrIAL BWOr and Se y release Brokers �� � disclosure affmang the PrOP", Salespersons rlity dating tea d t or deficiency ori ion or said iYcr shall au t ' g. TU above shall be attached to and made part of midpurelmt Buyer77ateP P tiselli BMW. Date`A I Date_!_I_ Agent ECIAR 7 1t1 0 Copyrigbt2010 East Central Iowa Multiple Listing Service For Member Use Only STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 25, 2015, and for which the charge is $47.93. Pe -4 Subscribed to before me, a ►' tary Public i d for Dubuque County, Iowa, this J3 9 day o , 20 /5- . tary Public in and for Dubuque County, Iowa. MEYE mrnIssiorr Number 1154885 y Comm, Exp. FEB. 1, 2017 RESOLUTION CITY OF DUIUQUE, NO. 322-15 IOWA INTENT TO DISPOSE 'kOFFICIAL'NO,TICE 1 OF AN INTEREST IN PUBLIC' NOTICE is CITY OF - DUBUQUE hereby; given: that',the I REAL. ESTATE, SET- CityCouncil of the City TING.' A TIME AND of Dubuque, lowa,-will PLACE FOR HEARING hold a,;publjc hearing ANDtPROVIDING FOR on the =5th day of THE PUBLICATION OF October;: 2015 et, 6:30 ' NOTICE THEREOF p:m'. in the HIst35c0 Whereas, the City of'I Federal Building, Dubuque bas obtained W. 6th Street, second, certain real property in I floor, Dubuque, Iowa, connection , with the at which meeting the purchase/Rehabilita todispose City Council proposes tion/Re-sale , Project y r; ; of an interest in the ,follow= and; whereas, such ing described real I rehabilitation, is com- property'.. by sale ;to plete': and the certain;' Ethan and' Valeria'.,real, property ;is ready !I Winn:' forfesale;-and' The Easterly90 feet of Whereas,. the, City, of the Northerly'40 feet of Dubuque`-has "received Lot 3 and.the Easterly I an :offer to purchase 100 .feet of the \ this certain real. pro- Southerly 2 feet of Lot 1 perty. from Ethan'-and 4 in D'.N. Cooley's ValeriaWmn and subdivision of out-, lots .UVhereas m;by ac, 66.7, 668 and 669 in the epting this offer to City of. Dubuque, IowaOf according to the tjubuqueS , obiectiVes recorded;pl`at thereof - of -,increased home 1501-03 Biuff Street`ownership by-:`Income At the meeting, the qualified i,ndivlduals City Council will re- alid rehaprli anon of ceive oral and written vacant homes are comments :from any further real¢ed resident or ' property lNOW THERE�QRE "BE owner of said City to, I IT RESOLVED,' BY THE the above action.I CI,Ty COUNCIL OF,TIjE Written comments I CITY OF,; D'UBUQPIE, I regarding ` the above IOWA. - public hearing may be section 1: That' the submitted to the City City of Dubuque, Iowa, Clerks Office; City Hall, 50:W. lath-Street,intends' to dispose of on,or,before said time its interest ; in; the of'public hearing. fol oWing legally, des- 'Copies of supporting Bribed property'. dgcuments for The, Easterly 90 feet of. public Bearings are the on . the Northerly 40 feet of file in the--City Clerk's I Lot 3,, and the Easterly; Office, and may be 100' feet', of=, the viewed during „normal , SoutherlyinD.N. 2 feet ofCooley'Lost working; hours 1, 4 Any, visual or;hearing Y,subdiyiSion of out lots impaired` persons, need; 667,668 and 669 in the ng' 'special' assistance I r. City of Dubuque, fovea; or persons with special fir according to the` accessibility , needs .recorded platthere f: should contact the City 1501 03 Bluff Street'. Clerk's, Office at (563) r, (the property) 889-4100 or•>TTY, (563) Sermon' 2!That the 690'6678. ':at least 48 Cify 6 Dubuquef Iowa, hours prior to .the 115,rpp04es to dispose of.;{ meeting. I its Interest in _ thea-', Dated this 25th Day of •property to Ethan and j September, 2015 Valeria„_Wink for, the I Kevin S. Firnstahl, ' sum of $75,000That.00.. CMC City Clerk Section 3: the, r''City', Clerk,'is hereby authorized.and direct-1 edto cause this.) Resolution acrd a notice { e too �3e pukptished as 1 9 pr•`escribed ”; by Iowa F Code Section 364.7 of a g�pt;�lic Hearin-gr an thea P; THE CITY OF DUBtJE MEMORANDUM Masterpiece on the Mississippi tf‘%CRENNA M. BRUMWELL, ESQ. M\,J C ASSISTANT CITY ATTORNEY To: Ken TeKippe Finance Director DATE: November 13, 2015 RE: 1501-1503 Bluff Street We have closed on the above -referenced property. Attached please find: 1. A copy of the closing statements. 2. A copy of the special warranty deed, groundwater hazard statement, and declaration of value. These documents will be filed by the Winns. Kris Neyen will deliver the check to you. If you need further information, please let me know. Thank you. cc: Kevin Firnstahl, City Clerk Alvin Nash, Housing & Community Development Director Closing Statement 1501-1503 Bluff Street Closing Date: November 12, 2015 Seller: Buyer: City of Dubuque Ethan & Valerie Winn 50 West 13th Street c/o Kevin Flynn, Power of Attorney Dubuque, IA 52001 2337 Roosevelt Street Dubuque, IA 52001 Purchase Price Less items deducted from purchase price Grant given to Buyers by City of Dubuque Realtor Commission for Angie Welbes at Re/Max (Check issued by American Trust) Full Commission $3,750 Less Earnest Money Retained by Realtor $1,000 Balance of Commission Due $2,750 Earnest Money Retained by Realtor Total amount due to the City of Dubuque, Iowa I have reviewed the Closing Statement and agree to the above disbursements. SELLER: CITY OF DUBUQUE, IOWA By:is Neyen Housing & Community Development BUYER: ETHAN & VALERIE WINN 11-12-15 Date /(— o2 —Lc— By: Kevin Flynn Date Power of Attorney $75,000.00 $5,000.00 $2,750.00 $1,000.00 $66,250.00 A. Settlement Statement (HUD -1) OMB Approval No. 2502-0265 11. type of Loan 1. ['FHA 2. ORHS 3. QConv. Unins. 4. OVA 5. Conv. Ins. 6. File Number: 7. Loan Number: 48334908 8. Mortgage Insurance Case Number: C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower: Ethan D. Winn and Valerie R. Winn 2134 El Dorado Way Carrollton, TX 75006 F. Name & Address of Lender: American Trust & Savings Bank 895 Main Street Dubuque, IA 52001 H. Settlement Agent: American Trust & Savings Bank Ph: (563) 582-1841 E. Name & Address of Seller: City of Dubuque 50 West 13th St Dubuque, IA 52001 G. Property Location: 1501-1503 Bluff St Dubuque, IA 52001-0312 Place of Settlement: 895 Main Street Dubuque, IA 52001 I. Settlement Date: 11/12/2015 J. St eriary dtEkti pwews trensattlmi 100. Gross Amount Due from Borrower 101. Contract sales price 75,000.00 102. Personal Property 103. Settlement charges to borrower (line 1400) 3,655.98 104. 105. Adjustment for items paid by seller in advance 106. City/town taxes to 107. County taxes to 108. Assessments to 109. 110. 112. 120. Gross Amount Due from Borrower 78,655.98 200. Amounts Paid by or in Behalf of Borrower 201. Earnest money 1,000.00 202. Principal amount of new loan(s) 48, 000.00 203. Existing loan(s) taken subject to 204. 205. Tax Proration Credit from Seller, Other 0.00 206. Borrower fees paid by seller 3,655.98 207. 208. 209. Seller Credit for Buyers Down Payment 1,344.02 Adjustments for items unpaid by seller 210. City/town taxes to 211. County taxes to 212. Assessments to 213. 214. 215. 216. 217. 218. 219. 220. Total Paid by/for Borrower 54, 000.00 300. Cash at Settlement from/to Borrower 301. Gross amount due from borrower (line 120) 78,655.98 302. Less amounts paid by/for borrower (line 220) ( 54,000.00; 303. Cash Li From LITo Borrower 24,655.98 Summary b# t2flet;s Tra isaetfofi 400. Gross Amount Due to Seller 401. Contract sales price 75,000.00 402. Personal property 403. 404. 405. Adjustment for items paid by seller in advance 406. City/town taxes to 407. County taxes to 408. Assessments to 409. 410. 411. 412. 420. Gross Amount Due to Seller 75,000.00 500. Reductions In Amount Due to Seller 501. Excess deposit (see instructions) 502. Settlement charges to seller (line 1400) 2,750.00 503. Existing loan(s) taken subject to 504. Payoff of first mortgage loan 505. Payoff of second mortgage loan 506. Borrower fees paid by seller 3,655.98 507. Earnest Money Retained by Realtor 1,000.00 508. 509. Seller Credit for Buyers Down Payment 1,344.02 Adjustments for items unpaid by seller 510. City/town taxes to 511. County taxes to 512. Assessments to 513. 514. 515. 516. 517. 518. 519. 520. Total Reduction Amount Due Seller 8,750.00 600. Cash at Settlement to/from Seller 601. Gross amount due to seller (line 420) 75,000.00 602. Less reductions in amount due seller (line 520) ( 8,750.00 , 66,250.00 603. Cash V To From Seller The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. Previous editions are obsolete Page 1 of 3 www.byfesoftware.com 800-695-1008 HUD -1 1.,,,t ettlemont Charges ,.._...... _.. Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement 700. Total Real Estate Broker Fees $ Division of commission (line 700) as follows: 701. $ 1,875.00 Re/Max Advantage 702. $ 1,875.00 Re/Max Advantage 703. Commission paid at settlement $ 2,750.00 2,750.00 704. Earnest Money retained by Realtor $1,000.00 POC $ 800. Items Payable in Connection with Loan 801. Our origination charge $ 714.50 (from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen " $ 480.00 (from GFE #2) 803. Your adjusted origination charges (from GFE A) 1,194.50 804. Appraisal Fee to Rally Appraisal, LLC (from GFE #3) 525.00 805. Credit Report Fee to CBC Credit (from GFE #3) 25.30 806. Flood Determination - Life of Loan (from GFE #3) 14.00 807. Appraiser's Final Inspection Fee to American Trust & Savings Bank (from GFE #3) 808. Employment Verification to The Work Number (from GFE #3) 900. Items Required by Lender to Be Paid in Advance 901. Daily interest charges from 11/12/2015 to 12/01/2015 @ $ 3.8518 /day (from GFE #10) 73.18 902. Mortgage insurance premium for months (from GFE #3) 0.00 903. Homeowner's insurance for 1.00 years to Dubuque Ins. Services (from GFE #11) 990.00 904. Flood insurance for years (from GFE #11) 905. 1000. Reserves Deposited with Lender 1001. Initial deposit for your escrow account (from GFE #9) 0.00 1002. Homeowner's insurance months @ $ per month $ 1003. Mortgage insurance months @ $ per month $ 1004. Property taxes months @ $ per month $ 1005. Association Dues months @ $ per month $ 1006. Flood Insurance months @ $ per month $ 1007. Line 1003 months @ $ per month $ 1008. Line 1007 months @ $ per month $ 1009. Aggregate Adjustment $ 1100. Title Charges 1101. Title services and lender's title insurance (from GFE #4) 730.00 1102. Settlement or Closing Fee 1103. Owner's Title Insurance to Iowa Title Guaranty (from GFE #5) 0.00 1104. Deed Preparation 1105. Lender's title policy limit $ 48,000.00 1106. Owner's title policy limit $ 75,000.00 1107. Agent's portion of the total title insurance premium to Dubuque County Abstract $ 1108. Underwriter's portion of the total title insurance premium $ 1109. Abstract or Title Search - Seller to Dubuque County Abstract & Title Co ("S POC) 1113. Abstract or Title Search to to Dubuque County Abstract & Title Co. $ 220.00 1200. Government Recording and Transfer Charges 1201. Government recording charges (from GFE #7) 104.00 1202. Deed $ 17.00 Mortgage $ 87.00 Releases $ 1203. Transfer Taxes (from GFE #8) 0.00 1204. City/County tax/stamps Deed $ Mortgage $ 1205. State tax/stamps Deed $ Mortgage $ 1206. Recording Assignment/Subordination to 1207. Record POA 1208. 1300. Additional Settlement Charges 1301. Required services that you can shop for (from GFE #6) 0.00 1302. Pest Inspection Fee 1303. Radon Work ("S POC) 1304. - 1305. 44bb. total settiettiertt Oohed (tititot of lit e§ 103, BectIdti J acid $b2, section 10:._ 3,655.98 2,750.00 .O.C. (B) =Paid outside of closing by borrower; P.O.C. (S") = Paid outside of closing by seller. `" Includes Origination Points of 1.000% or $480.00 Previous editions are obsolete Page 2 of 3 www.bytesoftware com 800-695-1008 HUD -1 Comparison of Good Faith Estimate (GFE) and HUD -1 Charges HUD -1 Charges That Cannot Increase HUD -1 Line Number Our origination charge # 801 Credit or charge for the interest rate chosen # 802 Your adjusted origination charges # 803 Transfer taxes # 1203 Charges That in Total Cannot Increase More Than 10% HUD -1 101.00 Government recording charges # 1201 714.50 Appraisal Fee # 804 Credit Report Fee # 805 Flood Determination - Life of Loan # 806 Title services and lender's title insurance # 1101 Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? ✓ No. ❑Yes, the first increase can be on and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ . Does your loan have a prepayment penalty? V No. Yes, your maximum prepayment penalty is $ . total Ihcteese between oft and HUb-i ciia 'ge§ Charges That Can Change HUD -1 101.00 Initial deposit for your escrow account # 1001 714.50 Daily interest charges # 901 $3.85/day Homeowner's insurance # 903 0.00 Loan Terms Good Faith Estimate HUD -1 101.00 104.00 714.50 714.50 480.00 480.00 1,194.50 1,194.50 0.00 0.00 Good Faith Estimate HUD -1 101.00 104.00 400.00 525.00 25.30 25.30 14.00 14.00 765.00 730.00 V No. ❑Yes, it can rise to a maximum of %. The first change will be on and can change again every after Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. Even if you make payments on time, can your loan balance rise? V No. ❑ Yes, it can rise to a maximum of $ . 1,305.30 1,398.30 $ 93.00 or 7.12 % Good Faith Estimate HUD -1 0.00 0.00 73.18 73.18 1,200.00 990.00 Your initial loan amount is $ 48,000.00 Your loan term is 15 years Your initial interest rate is 2.929 Your initial monthly amount owed for principal, interest, and any mortgage insurance is $ 329.85 includes ✓ Principal V Interest Mortgage Insurance Can your interest rate rise? V No. ❑Yes, it can rise to a maximum of %. The first change will be on and can change again every after Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. Even if you make payments on time, can your loan balance rise? V No. ❑ Yes, it can rise to a maximum of $ . Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? ✓ No. ❑Yes, the first increase can be on and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ . Does your loan have a prepayment penalty? V No. Yes, your maximum prepayment penalty is $ . Does your loan have a balloon payment? ✓ No. ❑Yes, you have a balloon payment of $ due in years on Total monthly amount owed including escrow account payments ✓ You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. ❑ You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortgage insurance and any items checked below: ❑ Property taxes ❑ Homeowner's insurance Flood insurance ❑ ❑ ❑ Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. Previous editions are obsolete Page 3 of 3 www.bytesoftware.com 800-695-1008 HUD -1 Itemization of Charges and Credits Date: 11/12/2015 Loan Number: 48334908 Our Origination Charge - HUD Line 801 (from GFE #1) Commitment Fee to American Trust & Savings Bank 4506 Processing Fee to American Trust & Savings Bank Settlement/Closing Fee to American Trust & Savings Bank $500.00 $14.50 $200.00 Total Title Services and Lender's Title Insurance - HUD Line 1101 (from GFE #4) $714.50 Abstract or Title Search to to Dubuque County Abstract & Title Co. Title Examination to Fuerste, Carew, Juergens & Sudmeier, P.C. Title Insurance to Iowa Title Guaranty $220.00 $400.00 $110.00 Total Borrower Fees Paid By Seller - HUD Line 206 $730.00 Loan Discount Points to American Trust & Savings Bank Appraisal Fee to Rally Appraisal, LLC Credit Report Fee to CBC Credit Commitment Fee to American Trust & Savings Bank Flood Determination - Life of Loan 4506 Processing Fee to American Trust & Savings Bank Settlement/Closing Fee to American Trust & Savings Bank Abstract or Title Search to to Dubuque County Abstract & Title Co. Title Examination to Fuerste, Carew, Juergens & Sudmeier, P.C. Title Insurance to Iowa Title Guaranty Deed Recording Fee Mortgage Recording Fee Interim Interest Hazard Insurance Premium $480.00 $525.00 $25.30 $500.00 $14.00 $14.50 $200.00 $220.00 $400.00 $110.00 $17.00 $87.00 $73.18 $990.00 Total • Borrower Kevin Paul Flynn, Attorney -in -Fact for Date Ethan D. Winn a/k/a Ethan David Winn $3,655.98 Borrower Kevin Paul Flynn, Attorney -in -Fact for Date ie R. VVinn a/k/a Valerie Rose Winn Borrower Date Borrower Date Borrower Date Borrower Date www.bytesoftware.com 800-695-1008 ADDENDUM TO HUD -1 SETTLEMENT STATEMENT Loan Number: 48334908 Property Address: 1501-1503 Bluff St Dubuque, IA 52001-0312 I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. \\eb1/44-1 Borrower Kevin Paul Flynn, Attorney -in -Fact for Date Sel City of Dubu ue Date Ethan D. Winn a/k/a Ethan David Winn Borrower Kevin Paul Flynn, Attorney -in -Fact for Date Seller Date Valerie R. Winn a/k/a Valerie Rose Winn Borrower Date Seller Date Borrower Date Seller Date Borrower Date Seller Borrower Date Date Seller Date The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. ADDENDUM TO HUD -1 SETTLEMENT STATEMENT www.bylesoftware. com 800-695-1008 Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Tax Statement to: Ethan & Valerie Winn c/o Kevin Flynn (Power of Attorney) 2337 Roosevelt Street Dubuque, IA 52001 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Ethan D. & Valerie R. Winn, as joint tenants with the right of survivorship and not as tenants in common, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out Tots 667, 668 and 669 in the City of Dubuque, Iowa, according to the recorded plat thereof This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 322-15 of the City Council of the City of Dubuque adopted the 21st day of September, 2015, the terms and conditions thereof, if any, having been fulfilled. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this day of tit ovci.J..`—''2015 at Dubuque, Iowa. CITY OF Dl� UQU/E IOWA J�kBy: ' ��/ (� RoD. Buol, Mayor Trish L. Gleason, Assistant City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE On this 1") day of , V(j g�'y'�bu, 2015, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Trish L. Gleason to me personally known, who being duly sworn, did say that they are the Mayor and Assistant City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily exec i &h17'`ww u for Dubuque County, Iowa PAMELA J. PJ1cC,4F#RON Commission Nun i,cr 772419 My Comm. Exp. '.:_b_ ZC,.'1. Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 350-15 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1501-03 BLUFF STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 322-15, dated September 21, 2015, declared its intent to dispose of City interest in real property located at 1501-03 Bluff Street, legally described as: The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out Tots 667, 668 and 669 in the City of Dubuque, Iowa, according to the recorded plat thereof: 1501-03 Bluff Street (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on October 5, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Ethan D. and Valerie R. Winn according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Ethan D. and Valerie R. Winn for the sale of the Property, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed, conveying the City's interest in the Property to Ethan D. and Valerie R. Winn. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of the Resolution. Passed, approved, and adopted this 5th day of October, 201 (C)16-, Roy D. Btj4 Mayor Attest: Kevin g. Firnstahl, City dl'erk CERTIFICATE of tie 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. 350-15 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 6th day of October, 2015. Kevin . Firnstaht, C e City Clerk (SEAL) REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Ethan & Valerie Winn Address 2134 El Dorado Way, Carrollton, TX 75006 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 1501-1503 Bluff Street Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and 669 in the City of Dubuque, Iowa 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: 6AAt'Kok-0 (Transf r orent) FILE WITH RECORDER Telephone No.: (563) 589-6094 DNR form 542-0960 (July 18, 2012) 11 11 1 1 11 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument 11/12/2015 A Deed _1 ® Contract _ 2 ❑ A SELLER: City of Dubuque, IowaPhone: (563) 589-6094 Seller Address: 50 West 13th Street Dubuque. IA 5.'001 e-mail: BUYER: Ethan & Valerie Winn Phone: - Buyer Address: 2134 El Dorado Way Carrollton, TX 75006 e -mail - Address of Property Conveyed: 1501-1503 Bluff Street Legal Description: See 1 in Addendum Type of Sale: ❑ Sale between related parties/family Was this a sale of AG LAND to: ❑ Sale of partial interest ❑ Trade ❑ Quit Claim Deed 0 Auction 0 Corporation 0 Trust ❑ Alien 0 Non -Resident Alien 0 Limited Partnership A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ 75,000.00 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 75,000.00 - 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 . Print ?d Name:, k t S rvV Signature %tkbylvtAA, Phone #: (563) 589-6094 0 Buyer or ® Seller or ❑ Agent or 0 Attorney PART II -- TO BE COMPLETED BY THE ASSESSOR Primary Classification: 0 Res _4_ ❑ Com _5_ 0 Ind _2_ 0 Ag _ 1_ 0 MultiRes _7_ City/Township Primary Parcel Number ♦ YearBlt Occ NUTC 1 A Classification Land Building Dwelling Total Residential Commercial Industrial Agricultural Multi Residential Comments: Effective On or Before 09/01/14 Iowa Department of Revenue ISBA 57006a (07/23/14) Addendum 1. The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and 669 in the City of Dubuque, Iowa