Sale of Property - 767 University Avenue_Habitat for Humanity Copyright 2014
City of Dubuque Public Hearings # 4.
ITEM TITLE: Sale of Property - 767 University Avenue
SUMMARY: Proof of publication on notice of public hearing to consider the sale of city-
owned property at 767 University Avenue to Habitat for Humanity and the
City Manager recommending approval.
RESOLUTION Disposing of City Interest in real property located at 767
University Avenue in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ 767 University Sale of 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 City-Owned Property at 767 University Avenue
DATE: October 27, 2015
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of a Purchase Agreement and Special Warranty Deed for the sale
of the City lot located at 767 University Avenue to Habitat for Humanity for the amount
of$1.00. Habitat for Humanity will build a new one-story ranch home on this property
during the 2016 Blitz Build program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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 City-Owned property at 767 University Avenue
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 property at 767
University Avenue.
Background
The property and structure located at 767 University Avenue was gifted to the City of
Dubuque by Wells Fargo Bank in September of 2014. Wells Fargo Bank also
provided the City with $20,000 to be used towards the cost of deconstructing or
renovating the vacant duplex on site. Wells Fargo Bank originally took possession by
means of foreclosure and the property was vacant when the Bank contacted the
City. Due to the overall poor condition of the structure and significant structural
damage caused by termites and water infiltration issues the City elected to
deconstruction the property and prepare the land for building a new structure.
Upon taking possession of the property the City also acquired the adjacent lot from
the original owner of the property located at 767 University Avenue. This lot was
purchased in the amount of$1,500.00 in February of 2015. This lot was purchased
to be able to create access to the lot provided to us by Wells Fargo by means of the
existing alley way and driveway. The City then proceeded to seek bids for the
deconstruction of the existing structure located at 767 University in March of 2015.
Upon award of the bid the deconstruction work began and was completed in May of
2015. The City also had to replace the existing stop box on the water main line
which services this address. The City spent a total of $25,188.50 on acquiring the
extra lot, asbestos inspection and removal, deconstruction of the duplex, and the
stop box repair to the water main. Wells Fargo provided the City with $20,000 and
the City has put forth a total of$5,188.50 into this project.
Discussion
The City has an offer to purchase from Habitat for Humanity for $1. Habitat for
Humanity has agreed to incorporate this project into their 2016 Blitz Build Program
where they partner with the Dubuque Home Builders Association in the construction
of two homes. Habitat will build a new 1-story ranch home with no basement that is
28' wide x 40' deep with an attached front porch that is 5' deep x 19' wide. This will
be a 3-bedroom, 1 full bath home with a detached parking pad. Habitat has agreed
to meet all requirements set forth by our Planning Department in regards to installing
a hard surface driveway beginning at the property line where the City's ownership
ends and continue this driveway all the way up to the home and into the parking pad.
By selling this property to Habitat, we meet that objective of our agreement with
Wells Fargo Bank. Secondly, we meet one our most important goals and priorities in
developing and creating single family homeownership opportunities for low-
moderate income families. From a property tax perspective the completed new
home Habitat intends to build on this site will be very comparable in assessment
value to previous homes they have built identical to this design in other locations
within the City. The expected net assessed value of the new home Habitat intends to
build should be around $115,000 to $130,000 range. Versus the previous structure
located at 767 University held a net assessed value of$70,300 in 2014.
On October 19, 2015, the City Council, passed Resolution No. 368-15 declaring the
intent to dispose of City-owned property at 767 University Avenue.
Action Step
I request that the City Council passes, approves, and adopts the attached resolution
and Special Warranty Deed for the sale of 767 University Avenue.
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. 383-15
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 767
UNIVERSITY AVENUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 368-15, dated October 19, 2015,
declared its intent to dispose of City interest in real property located at 767 University
Avenue, legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City
of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the
East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of
Dubuque, Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, according to the recorded plat thereof the City of
Dubuque, Iowa
(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 Habitat for Humanity 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
Habitat for Humanity 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
Habitat for Humanity.
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, 015.
CO,kd
Roy D. E;rGoI, Mayor
Attest:
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:
Habitat for Humanity
900 Jackson Street, Suite LL5-2E
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 Habitat
for Humanity, an Iowa limited liability corporation, the following legally described real
estate situated in the County of Dubuque, State of Iowa, to wit (the Property):
Tract 1: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the East 20 feet
of Lot 8, of the .Subdivision of Out Lot 738, in the City of Dubuque, Iowa
according to the recorded plat thereof
Tract 11: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque,
Iowa, according to the recorded plat thereof the City of Dubuque, Iowa
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. 383-15 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.
Attest:
By:
Keviir{ S. FirnstAiy Clerk
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQ)IE IOWA
SS
On thi day of 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.
Nota 'ry Public in and fo,f Dubuque County, Iowa
ELINDA R TT NBERGER
Cemrnh,Blei7 Nurea>er 125256,
mIsslc,., Expires
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 767 University Avenue,
Dubuque, IA 52001 and legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the East 20 feet
of Lot 8, of the Subdivision of Out Lot 738, in the City of Dubuque, Iowa
according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque,
Iowa, according to the recorded plat thereof the City of Dubuque, Iowa
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.
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
2
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.
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 dear of all liens, security interests, and encumbrances.
SECTION 15. TENANTS. The Real Estate is free and dear 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
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.
Habitat for Humanity
900 Jackson Street, Suite LL5-2E
Dubuque, IA 52001
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.
4
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.
25.3 The Real Estate will have a restrictive covenant filed indicating the property must
remain a single family owner -occupied 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 DUBLJQUE, IOWA
By:
Roy D. Buol, 1fayor
Dated: /E-VP9
L
BUYER
HABITAT FOR HUMANITY
By: 'str
Dani ahlert
Dated: ID
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 $64.86.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 470' day of ,, - ,� , 2Q .
Notary Public in and for Dubuque County, Iowa.
,,, Number 15438585
:4D. FEB,
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is',
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 2nd ,day " of
November, 2015, at
6:30 p.m. in the Historic
Federal Building, 350
W. 6th Street, second
floor Chambers, Dubu-
que, Iowa, at which
meeting the; City,,
Council proposes to
dispose of an interest
in the ' following
described real property
by sale to Habitat for
Humanity, an Iowa non-
profit corporation: i
Tract I: Lot 1 of Lot 2
of Lot 3 of the
Subdivision of Out Lot
738 in the City of
Dubuque, Iowa, and a
right of way over Lot 3
of Lot 3, and over the
East 20 feet of Lot 8, of
the Subdivision of Out
Lot 738 in the City of
Dt �Tuea Ipwa acorfJ,
ingt"d the recorded plat'
thereof
Tract II: Lot 3 of Lot 3
of ,the Subdivision of
Out Lot 738 in the City •
of Dubuque, Iowa,
according to the
recorded plat thereof
the City of Dubuque,.
Iowa
At the meeting, the
City Council will
receive oral and writ-
ten - comments from
any resident or.:
property owner of said
City to the above
action. Written com-
ments regarding the
above public hearing
may be submitted to
the City Clerk's Office,
City Hall, 50 W. 13th
Street, on or before -I
said time of public
hearing.
Copies of supporting
documents for the
public hearings are on
file in the City, Clerk's
Office, and may be
viewed during normal
working hours.
Any visual or hearing
impaired persons need-
. ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563)
589-4100 or TTY (563)
690-6678 at least 48
hours prior to the l'
meeting.
Dated this 23rd day of
October, 2015.
Kevin S. Firnstahl,
CMC, City Clerk
RESOLUTION
NO. 368-15
INTENT TO DISPOSE
OF AN INTEREST IN
CITY OF DUBUQUE
REAL ESTATE, SET-
TING A TIME AND
PLACE FOR HEARING
AND PROVIDING FOR
THE PUBLICATION OF
NOTICE THEREOF
WHEREAS, the City of
Dubuque, Iowa (City) is 11
the owner of 767 1,
University Avenue (the it
Property). legally des-
cribed as:
Tract I: Lot 1 of Lot 2
of Lot 3 of the
Subdivision of Out Lot
738 in the City of
Dubuque, Iowa, and a
right of way over Lot 3
' of Lot 3, and over the
East 20 feet of Lot 8, of
the Subdivision of Out '
Lot 738, in the City of
Dubuque, Iowa accord-
ing to the recorded plat
thereof
./Tract II: Lot 3 of Lot 3
of the Subdivision of
Out Lot 738 in the City 1
of Dubuque, Iowa,
1 according to the
recorded plat thereof
the City of Dubuque,
Iowa
WHEREAS, City was
gifted this property/lot
from Wells Fargo Bank
in September 2014,
along with $20,000 to
be used toward the
cost of deconstruction
or renovation of a
vacant duplex on site.
Due to the overall poor
condition of the struc-
ture and csuseficabnt
damage
y
termites and water
infiltration issue it was
determined to move
forward with decon-
struction; and has
WHEREAS, Gity
met with Habitat for
Humanity. who agreed
to purchase the lots for
$1 and 'construct`: a
single family owner
occupied dwelling on
the site.
WHEREAS, conveying
the lots to Habitat for
Humanity , will meet
one our most import-
ant goals and priorities
in developing and
creating single family
homeownership oppor-
tunities for. low -
moderate income fam-
ilies; and
WHEREAS, City
desires to holdthe
required public hearing
and conveyance of the
Properties to Habitat to
Humanity.
NOW, THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
1, IOWA:
Section 1. That the
City of Dubuque, Iowa
intends to dispose of 'I
its interest .. in the
following legally des- .'l
cribed property:
1'.
Tract I: Lot of Lot 2
of Lot 3 of the
Subdivision of Out Lot
738 in theµ City of
Dubuque, Iowa, and a i
right of way over, Lot 3
of Lot 3, and,over the
East, 20 feet of Lot 8, of 1
the Subdivision of Out
Lot 738, in the
City
rof Ii
Dubuque,
ing' to the recorded plat;.
thereof
Tract II: Lot 3 of Lot 3
of the Subdivision of
Out Lot 738 in the City
of , Dubuque, Iowa,
according to the I
recorded plat thereof
the City of Dubuque,
Iowa
Section 2. That the
City of Dubuque, Iowa,
proposes to dispose of
its interest in the
Property to Habitat for
Humanity for the sum
of $1.
5ection 3. Clerk Th hereby
at the
City
authorized and direct-
ed to cause this
Resolution and a notice
to be published as
prescribed by . Iowa
Code Section 364.7 of a
public hearing on the
City's intent to disposse
e
of the Property
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, lowa.
Passed,approved and
adopted this I9th day
of October, 2015.
Roy. D. Buol, Mayor
Attest: Kevin S.
Firnstahl, City Clerk
It 10/23
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
C°\\
.oNts6
CRENNA M. BRUMWELL, ESQ. vi\
ASSISTANT CITY ATTORNEY
To: Ken TeKippe
Finance Director
DATE: November 18, 2015
RE: 767 University Avenue
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 and groundwater hazard statement. These
documents will be filed by Habitat for Humanity.
Per Joe Kane, attorney for Habitat for Humanity, declarations of value are not required
where consideration is less than $500. Because the purchase price is $1, a declaration
of value was not completed for this transaction.
Thank you.
cc: Kevin Firnstahl, City Clerk
Alvin Nash, Housing & Community Development Director
Seller:
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
Closing Statement
767 University Avenue
Closing Date: November 17, 2015
1
c
Buyer:
Dubuque and Jackson Co. Habitat for Humanity
900 Jackson Street, Suite LL5-2E
Dubuque, IA 52001
Purchase Price
I have reviewed the Closing Statement and agree to the above disbursements.
SELLER: CITY OF DUBUQUE, IOWA
11
By: Kris Neyen Date
Housing & Comm nity Development
BUYER: DUBUQU_ AND JACKSON CO. HABITAT FOR HUMANITY
11-17-15
By: 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:
Dubuque and Jackson County Habitat for Humanity
900 Jackson Street, Suite LL5-2E
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
Dubuque and Jackson County Habitat for Humanity, an Iowa non-profit corporation, the
following legally described real estate situated in the County of Dubuque, State of Iowa,
to wit (the Property):
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the East 20 feet
of Lot 8, of the Subdivision of Out Lot 738, in the City of Dubuque, Iowa
according to the recorded plat thereof
Tract II.: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque,
Iowa, according to the recorded plat thereof the City of Dubuque, Iowa
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. 383-15 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 16th day of November, 2015 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
By:
Roy D. Viol, Mayor
Attest:
Bv.
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Ke in S. Firnstahl,L"City Clerk
STATE OF IOWA
COUNTY OF DUBUQUE ) SS
On this 7 day of % ri./, - l , 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.
-en! h g()6A/./ZW/
Notary Public in nd for Dubuque County, Iowa
PAMELA J. c AFrnoN
Commission Number 772419
My Comm. Exp.
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. 383-15
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 767
UNIVERSITY AVENUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 368-15, dated October 19, 2015,
declared its intent to dispose of City interest in real property located at 767 University
Avenue, legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City
of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the
East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of
Dubuque, Iowa according to the recorded plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, Iowa, according to the recorded plat thereof the City of
Dubuque, Iowa
(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 Habitat for Humanity 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
Habitat for Humanity 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
Habitat for Humanity.
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, 015.
fi
Attest:
Kevin'S. Firnstahl, t-ity Clerk
Roy D. Bvia'ol, Mayor
CERTIFICATE of tfie 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. 383-15 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.
Kevin S. Firnstahl, CMo/City Clerk
(SEAL)
Eli Cu
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 Dubuque and Jackson County Habitat for Humanity, an Iowa non-profit corporation
Address 900 Jackson Street, Suite LL5-2E, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
767 University Avenue
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot
738 in the City of Dubuque, Iowa, and a right of way over Lot 3 of Lot 3, and over the East 20 feet of Lot 8, of the Subdivision
of Out Lot 738, in the City of Dubuque, Iowa according to the recorded plat thereof; Tract II: Lot 3 of Lot 3 of the Subdivision
of Out Lot 738 in the City of Dubuque, Iowa, according to the recorded plat thereof
1. Wells (check one)
X There are no known wells situated on this property.
_ There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
_ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
5. Private Burial Site (check one)
X There are no known private burial sites on this property.
_ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
X All buildings on this property are served by a public or semi-public sewage disposal system.
_ This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:KJAAtilA44)
(Transferor or Agen,)
b
FILE WITH RECORDER
Telephone No.: (563) 589-6094
DNR form 542-0960 (July 18, 2012)