Sale of Property - 1849 Jackson Street_Community Housing Initiatives CHI Copyright 2014
City of Dubuque Public Hearings # 3.
ITEM TITLE: Sale of Property - 1849 Jackson Street
SUMMARY: Proof of publication on notice of public hearing to consider the sale of city-
owned property at 1849 Jackson Street to Community Housing Initiatives
(CHI) and the City Manager recommending approval.
RESOLUTION Disposing of City interest in real estate (lot) located at 1849
Jackson Street in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ 1849 Jackson Sale of Vacant Lot-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Special Warranty Deed Supporting Documentation
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: Sale of Lot Located at 1849 Jackson Street
DATE: October 27, 2015
Housing and Community Development Department Director Alvin Nash recommends
the City Council approve a Purchase Agreement and Special Warranty Deed for the
sale of a City-owned lot located at 1849 Jackson Street to Community Housing
Initiatives for $1.00. Community Housing Initiatives will construct a new single family
home at 1849 Jackson Street. The construction of this new single family home will be
done as part of the City's original contract agreement with Community Housing
Initiatives to complete 20 single family homes over the course of a three year period.
As part of the original Community Housing Initiatives agreement, the City agreed to pay
$25,000 per project on completion. For this project, the City will deduct $8,750 (the
current assessed value of the lot) from the contribution amount of $25,000.
1 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 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 Lot Located at 1849 Jackson Street
DATE: October 20, 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 lot located at 1849
Jackson Street.
Background:
On August 1, 2014 the home located at 1849 Jackson Street sustained considerable
damaged due to a fire, the home was left uninhabitable and abandon by the owner. Due
to the severity of the damage and concern for public safety the Building Services
Department requested Bids for demolition of the abandon structure. The total cost for
the demolition and asbestos removal services totaled $37,450. The demolition cost was
then assessed to the property owner of 1849 Jackson Street upon completion.
The City began to look for an alternative solution to the vacant/abandon lot when it
became apparent that the owner had no intentions of taking maintenance responsibility,
nor fiscal responsibility for the assessment placed on the property by the City. The City
also had to take on maintenance responsibility of the abandon lot in regards to snow,
grass, and any garbage or nuisance issues. The City began discussions with
Community Housing Initiatives (CHI) and their possible interest in the lot for a potential
site for a newly constructed single family home. The lot was ready to build on due to
the demolition work being completed already. The City then proceeded to request for
Petition for Title of this property through the Courts due to it being vacant and abandon.
The Courts granted the City of Dubuque title to 1849 Jackson Street.
Discussion:
The City has an offer from CHI to purchase the lot located at 1849 Jackson Street to
CHI for $1. CHI will proceed to construct a new single family home at 1849 Jackson
Street. (Drawings are attached) The construction of this new single family home will be
done as part of our original contract agreement with CHI to complete 20 single family
homes over the course of a three year period. As part of the original CHI agreement the
City agreed to put forth $25,000 per project as they were completed. For this particular
project of the new single family home to be constructed at 1849 Jackson Street the City
will deduct $8,750 from our normal contribution amount of$25,000. The City will
contribute $16,250 towards the construction of the new single family home. The
deduction of$8,750 is the current assessed value of the lot located at 1849 Jackson
Street.
On October 19, 2015, the City Council, passed Resolution No. 369-15, declaring the
intent to dispose of the City-owned lot at 1849 Jackson Street.
Action Step:
I request that the City Council passes, approves, and adopts the attached resolution
and Special Warranty Deed for the sale of the lot at 1849 Jackson Street.
KLN/AN
2
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. 382-15
DISPOSING OF CITY INTEREST IN REAL ESTATE (LOT) LOCATED AT 1849
JACKSON STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 369-15, dated October 19, 2015,
declared its intent to dispose of City interest in real property (lot) located at 1849
Jackson Street, legally described as:
North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa,
according to the United States Commissioners Map thereof (the Property);
and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on November 2, 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 Community Housing Initiatives (CHI) 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 CHI for
the sale of the Property, a copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a
Special Warranty Deed, conveying the City's interest in the Property to CHI.
Section 3. That the City Clerk is hereby authorized and directed to cause said
Special Warranty Deed to be delivered to the City Attorney's Office, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 2nd day of November, 2075.
ij
c'z/
Roy DiBuol, Mayor
Attest:
Kevi{� t. Firnstahl, ty-perk
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:
Community Housing Initiatives
14 W 21St Street #3
Spencer, IA 51301
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
Community Housing Initiatives, an Iowa limited liability corporation, the following legally
described real estate situated in the County of Dubuque, State of Iowa, to wit (the
Property):
North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map 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. 382-15 of the City
Council of the City of Dubuque adopted the 2nd day of November, 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 2nd day of November, 2015 at Dubuque, Iowa.
CITY OF DUBUQUE= IOWA
By:
Roy Di BtipT, Mayor
Attest:
By:
Kevin S. Firnstahl, CttyVClerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE )
On thi Jday of, , -04 , 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.
Notarir Public in and for 'Dubuque County, Iowa
IVDA RETTEMRERGER
orrrr;ls3lon Hurnber 126
Cernril8een Esplree
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Dubuque, Iowa, a municipal corporation (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
(Real Estate) situated in Dubuque, Iowa, locally known as 1849 Jackson Street,
Dubuque, IA 52001 and legally described as:
North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map thereof.
legal description to be confirmed per continued abstract per Section 10, together with
any easements and appurtenant servient estates, but subject to the following:
a. any easements of record for public utilities or roads,
b. any zoning restrictions and other ordinances, and
c. any covenants of record.
SECTION 2. PURCHASE PRICE. The purchase price shall be one dollar ($1.00).
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable for fiscal year 2014-2015 and prior years. Seller shall also pay real estate
taxes for fiscal year 2015-2016 prorated through the date of closing. Buyer shall pay all
subsequent real estate taxes due and payable after the date of closing.
SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments
which are a lien on the Real Estate as of the date of acceptance of this Offer. All other
special assessments shall be paid by Buyer.
SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or
damage to the Real Estate prior to closing or possession, whichever first occurs. Seller
agrees to maintain existing insurance and Buyer may purchase additional insurance. In
the event of substantial damage or destruction prior to closing, this agreement shall be
null and void; provided, however, Buyer shall have the option to complete the closing
and receive insurance proceeds regardless of the extent of damages. The property
shall be deemed substantially damaged or destroyed if it cannot be restored to its
present condition on or before the closing date.
SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its
present condition and delivered intact at the time of possession is delivered to Buyer,
provided, however, if there is loss or destruction of all or any part of the Real Estate
from causes covered by the insurance maintained by Seller, Buyer agrees to accept
such damaged or destroyed Real Estate together with such insurance proceeds in lieu
of the Real Estate in its present condition and Seller shall not be required to repair or
replace same.
1
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 November 15, 2015, or such earlier date as the parties
may agree in writing, with any adjustments of rent, insurance, and interest to be made
as of the date of transfer of 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 agreement. 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
Agreement.
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. 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, whether
attached or detached. Also included shall be the following: N/A. The following items
shall not be included: N/A.
SECTION 10. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an
abstract of title to the Real Estate and deliver it to Buyer's attorney for examination. It
shall show marketable title in Seller in conformity with this Agreement, 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 agreement shall continue in force and effect until either party
rescinds the Agreement 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 Special Warranty Deed, free and clear of all liens, restrictions,
and encumbrances, except as provided in this agreement. General warranties of the
title shall extend to the time of delivery of the deed excepting liens and encumbrances
suffered or permitted by Buyer.
2
SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract
shall apply to and bind the successors in interest of the parties. This agreement shall
survive the closing.
SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND
REVIEW. Real Estate deeded herein is taken in "as is" condition with no guarantees or
warranties express or implied.
SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the
date of closing be free and clear of all liens, security interests, and encumbrances.
SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no
party has a lease to or other occupancy or contract right in the Real Estate which shall
in anyway be binding upon the Real Estate. Seller shall hold harmless and indemnify
the Buyer for and against any claims, which may arise or be based upon any alleged
leasehold interest, tenancy, or other right of occupancy or use for any portion for the
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.
18.2 If Seller fails to timely perform this contract, Buyer has the right to have all
payments made returned to it.
18.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at
3
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 or a waiver of any existing or subsequent default.
SECTION 20. NOTICE. Any notice under this agreement 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.
Community Housing Initiatives
14 W 21st Street #3.
Spencer, IA 51301
City of Dubuque
Attn: Alvin Nash
50 W. 13th Street
Dubuque, IA 52001
SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this
agreement, time .shall be of the essence.
SECTION 22. TIME FOR ACCEPTANCE. When accepted, this agreement shall
become a binding contract. If this Offer is not accepted and delivered to Buyer on or
before 5:00 p.m. on October 15, 2015, this agreement shall be null and void and all
payments shall be returned immediately to the Buyer.
SECTION 23. ENTIRE AGREEMENT. This agreement contains the entire agreement
of the parties and shall not be amended except by a written instrument duly signed by
Seller and Buyer.
SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph
headings are for convenience of reference and shall not limit or affect the meaning of
this Agreement. Words and phrases herein shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender according to the context.
SECTION 25. OTHER PROVISIONS.
25.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation
and Purchase of Property at the time of closing.
25.2 This agreement is subject to the final approval of the City Council of the City of
Dubuque, Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa
does not approve this Offer, it shall become automatically void and neither party shall
be bound by the terms and conditions set forth herein.
4
25.3 The Real Estate will have a restrictive covenant filed indicating the property must
remain an owner occupied single family home for twenty-one (21) years.
25.4 Rehabilitation of the Real Estate must be in accordance with State Historic Tax
Credit Program guidelines and specifications.
SELLER
CITY OF DUB QUE, IOWA
L4,,
By:
Roy D. Buol,
Dated:
BUYER
COMMUNITY HOUSING INITIATIVES
By:
Printed Name:
Dated: P P (k
f--
5
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: October 23, 2015, and for which the charge is $48.22.
Subscribed to before me, Notary Pub 'c in and for Dubuque County, Iowa,
this c,tf� day of , 20 /' .
Mary Public in and for Dubuque County, Iowa.
K.M 111,
1 Commission Number r t' 488
V Comm, E o. FE . ,, 2O1
WHEREAS, the City of
Dubuque, Iowa (City) is
the towner of ta1849
CITY OFIODUWABUQUE,, Jackson
llydes(thceribed Peep aser:ty)
OFFICIAL NOTICE 'North'' /z of the Middle
PUBLIC NOTICE is 1/5 of Out Lot 490 in
hereby, given that the the City of Dubuque,
City Council of the City Iowa, according to the
of Dubuque, Iowa, will' United States Commis -
hold ,a public hearing sioners Map thereof.
on the 2nd day of- rWHEREAS, City
November, 2015, at 1 acquired the Property
6:30 p.m. in the Historic for the purpose of its
Federal Building, 350 restoration and re -sale
W. 6th Street, second ;:for ' owner -occupied
floor Chambers, Dubu- housing in the Wash-
que, Iowa, at which ington Neighborhood;
meeting _ the City• and HEREAS, City and
Council. proposes; .to Community Housing
dispose of an interest: y
in the following Initiatives ' (CHI) en -
described real property - tered into an Agree-
_ by sale to Community merit pursuant to I
Housing _: Initiative which City will convey
(CHI), an Iowa` 'non the Property to CHI
profit corporation: and CHI - will reha-
North Y2 of the Middle bilitate the Property
1/5 ofa Out Lot 490 in consistent with the
the City of Dubuque, Washington Neighbor -
1849 Jackson Street hood Revitalization
At the meeting, the 1 - Strategy as approved
City Council will re -by the City Council;
ceive oral and written I and
comments from any WHEREAS, conveying
resident or property 1 the Property to CHI is
owner of said City to consistent with both
the above action, the Washington Neigh -
Written comments borhood Revitalization
regarding the above Strategy and the City's
public hearing may be intent for this specific
submitted to the City property; and
Clerk's Office, City WHEREAS, City
H411,.50W. 13th Street, desires to hold the
on or before said time required public hearing
of public hearing. and conveyance of the
Copies of supporting .Property to CHI.
documents for the r NOW, THEREFORE, BE
public hearings are on IT RESOLVED BY THE
file in the City Clerk's CITY COUNCIL OF THE
Office, and may be CITY OF DUBUQUE,
viewed during normal IOWA:
working hours. - Section, 1. That the.
Any visual or hearing '.City of Dubuque, Iowa
impaired persons need- intends to dispose of
ing special assistance zits interest in the
or persons with special ;following "legally des -
accessibility needs cribed property:
should contact the City North 1/2 of the, Middle
Clerk's Office at (563) 1/5 of Out Lot 490 in
589-4100 or TTY (563) the City of Dubuque,
690-6678 at least 48 Iowa, according to the
hours prior to the United States Commis -
meeting. .sioners Map thereof.
Dated this 23rd day of Section 2. That the
October, 2015. City of Dubuque, Iowa,
Kevin S. Firnstahl, proposes to dispose of
CMC, City Clerk :its interest in the
RESOLUTION,Property to CHI for the
NO. 369-15 sum of one dollar
INTENT TO DISPOSE rv;($100).
OF AN INTEREST IN Section 3. that the
CITY OF DUBUQUE City Clerk is hereby
REAL ESTATE, SET -1 auuthoriizedcanand
edirect-
TINGe
to A TIME AND
PLACE FOR HEARING Resolutionnas andshed ti
AND PROVIDING FOR be
THE PUBLICATION OF prescribed by : Iowa
,NOTICE THEREOF Code Section 364.7 of a
;public hearing on the
"City's intent to dispose
of the Property to be
held on the 2nd day of
November, 2015 at 6:30
o'clock p.m. at the
Historic Federal Build-
ing, 350'W. 6th Street,
Dubuque, Iowa.
Roy D. Buol, Mayor
Attest: Kevin S.
Firnstahl, City Clerk
1t 10/23
THE CITY OF
DUI1JE MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ES
ASSISTANT CITY ATTORNEY
To: Ken TeKippe
Finance Director
DATE: November 13, 2015
RE: 1849 Jackson Street
We have closed on the above -referenced property.
Attached please find:
1. A copy of the closing statement.
2. A copy of the special warranty deed, groundwater hazard statement, and
declaration of value. These documents will be filed by Community Housing
Initiatives.
If you need further information, please let me know. Thank you.
cc: Kevin Firnstahl, City Clerk
Alvin Nash, Housing & Community Development Director
Closing Statement
1849 Jackson Street
Closing Date: November 12, 2015
Seller: Buyer:
City of Dubuque Community Housing Initiatives
50 West 13th Street 14 W 21st Street #3
Dubuque, IA 52001 Spencer, IA 51301
Purchase Price
I have reviewed the Closing Statement and agree to the above disbursements.
SELLER: CITY OF DUBUQUE, IOWA
ye
I
By:`Kris Ne Date
Co -
Housing & unity Development
BUYER: COMMUNITY HOUSING INITIATIVES
Date
$1.00
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:
Community Housing Initiatives
14 W 21st Street #3
Spencer, IA 51301
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
Community Housing Initiatives, an Iowa limited liability corporation, the following legally
described real estate situated in the County of Dubuque, State of Iowa, to wit (the
Property):
North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map 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. 382-15 of the City
Council of the City of Dubuque adopted the 2nd day of November, 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 2nd day of November, 2015 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
By:
Roy D. Bt,r,6I, Mayor
Attest:
By:
Kevin S. Firnsta
STATE OF IOWA
I, Ci y Clerk
SS
COUNTY OF DUBUQUE
On thi /2C/day of /2),Y71,41"-- , 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
MELINCA RETTENBERGER
Corr-~tiaior Number 1252 6
M; Commi s�cn Ezplree
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. 382-15
DISPOSING OF CITY INTEREST IN REAL ESTATE (LOT) LOCATED AT 1849
JACKSON STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 369-15, dated October 19, 2015,
declared its intent to dispose of City interest in real property (lot) located at 1849
Jackson Street, legally described as:
North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa,
according to the United States Commissioners Map thereof (the Property);
and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on November 2, 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 Community Housing Initiatives (CHI) 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 CHI for
the sale of the Property, a copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a
Special Warranty Deed, conveying the City's interest in the Property to CHI.
Section 3. That the City Clerk is hereby authorized and directed to cause said
Special Warranty Deed to be delivered to the City Attorney's Office, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 2nd day of November, 20,1;5.
Roy D�Buol, Mayor
Attest:
Kevi6 S. Firnstahl, Oity-perk
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 382-15 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 3rd day of November, 2015.
(SEAL)
„l V, ' //�
Kevin S. Firnstahl, (CI -City Clerk
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 Community Housing Initiatives
Address 14 W 21st Street #3, Spencer, IA 51301
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
1849 Jackson Street
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) North 1/2 of the Middle 1/5 of Out Lot 490 in the
City of Dubuque, Iowa, according to the United States Commissioners Map 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:
'()PA:./ (Transferor or
FILE WITH RECORDER
b .,111,61, Telephone No.: (563) 589-6094
DNR form 542-0960 (July 18, 2012)
11
11
11
1
1
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 ♦ Deed _1 ® Contract _ 2 ❑ A
SELLER: City of Dubuque. Iowa Phone• (5631 589-6094 A
Seller Address: 50 West 13th Street. Dubuque, IA 52001 e-mail:
BUYER Community Housing Initiatives Phone:
Buyer Address: 14 W 21st Street #3. Spencer. IA 51301 e -mail -
Address of Property Conveyed: 1849 Jackson Street
Legal Description: North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque. Iowa. according to the United States Commissioners Map thereof
Type of Sale: D Sale between related parties/family ❑ Sale of partial interest ❑ Trade ❑ Quit Claim Deed ❑ Auction
Was this a sale of AG LAND to: ❑ Corporation ❑ Trust ❑ Alien ❑ Non -Resident Alien ❑ Limited Partnership A
DECLARATION OF VALUE STATEMENT
$ 1.00
1. Total Amount Paid
2. Amount Paid for Personal Property (see instructions) $
3. Amount Paid for Real Property Only (1 minus 2) $
1.00 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. Housing & Community Development Phone #: (563) 589-6094
Signore
Primary Classification:
❑ Buyer or ® Seller or ❑ Agent or 0 Attorney
PART II - TO BE COMPLETED BY THE ASSESSOR
❑ Res _4_ ❑ Com _5_ ❑ Ind _2_ ❑ Ag _ 1_ ❑ MultiRes _7_ City/Township A
Primary Parcel Number ♦ YearBlt Occ NUTC I
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)